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Res No 171-20-15611RESOLUTION NO.:171-20-15611 A Resolution authorizing the City Manager to negotiate and enter into a contract with Maggoic, Inc., for the construction of a traffic calming speed table at SW 78th Street West of SW 62n4 Avenue. WHEREAS, the City Mayor and Commission desire to provide traffic calming devices to convey speed reduction and safety to the West Pinecrest neighborhood; and WHEREAS, the west Pinecrest Traffic Calming Project has been budgeted in the Capital Improvement Program section of the City's budget; and WHEREAS, the City completed a traffic study report and executed an amendment to the Intergovernmental Traffic Agreement with Miami -Dade County which allows the City responsibilities of certain traffic engineering functions; and WHEREAS, the City conducted a survey following up to the traffic study report to adhere with Miami -Dade County's traffic flow modifications and street closure procedures and received approval from the residents of the area to install a speed table; and WHEREAS, to convey speed reduction and safety to the West Pinecrest neighborhood, the City developed construction scope documents following Miami -Dade County standards for the construction of a traffic speed table at SW 78th Street West of SW 62nd Avenue; and WHEREAS, quotes were solicited on November 13, 2020 and the City received a total of three (3) cost proposal in response to the solicitation; and WHEREAS, pursuant to a competitive selection process, it was determined that Maggoic Inc., submitted a proposal in the amount of $ 7,200 that was the most cost effective; and WHEREAS, the City desires to provide a contingency of $800 over the proposal amount to address for unknown factors that may arise during the work; and WHEREAS, the Mayor and City Commission desire to authorize the City Manager to negotiate and enter into a contract with Maggolc Inc., for the construction of a traffic calming speed table at SW 7Wh Street West of SW 62nd Avenue for a total amount not to exceed $8,000 which includes a $800 contingency. WHEREAS, the expense for this project shall be charged to the People Transportation Tax Fund account number 124-1730-541-6490 which has a balance of $571,563.66 prior to this request. NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSIONERS OF THE CITY OF SOUTH MIAMI, FLORIDA: Section 1. The foregoing recitals are hereby ratified and confirmed as being true and they are incorporated into this resolution by reference as if set forth in full herein. Section 2. The City Manager is authorized to negotiate the price, terms and conditions and to execute a contract with Maggoic Inc., for the construction of a traffic calming speed table at SW 78" Street West of SW 62rtd Avenue for a total amount not to exceed $8,000. The City Manager is authorized to expend up to $800 to address any condition that the contractor, using reasonable diligence, could not have foreseen when formulating its bid. A Page 1 of 2 Res. No. 171-20-15611 copy of the approved form of contract is attached. The expenditure shall be charged to the People Transportation Tax Fund account number 124-1730-541-6490 which has a balance of $571,563.66 prior to this request. Section 3. Corrections. Conforming language or technical scrivener -type corrections may be made by the City Attorney for any conforming amendments to be incorporated into the final resolution for signature. Section 4: Severability. If any section, clause, sentence, or phrase of this resolution is for any reason held invalid or unconstitutional by a court of competent jurisdiction, the holding shall not affect the validity of the remaining portions of this resolution. Section 5: Effective Date: This resolution shall become effective immediately upon adoption. PASSED AND ADOPTED this In day of December. 2020. ATTEST: APPROVED: CITY CL K MAYOR READ AND APPROVED AS TO FORM, LANGUAGE LEGALITY ELUTION TH C TTORNEY COMMISSION VOTE: 5-0 Mayor Philips: Yea Vice Mayor Welsh: Yea Commissioner Hams: Yea Commissioner Liebman: Yea Commissioner Gil: Yea Page 2 of 2 Agenda Item NoA. City Commission Agenda Item Report Meeting Date: December 1, 2020 Submitted by: Aurelio Carmenates Submitting Department: Public Works & Engineering Item Type: Resolution Agenda Section: Subject: A Resolution authorizing the City Manager to negotiate and enter into a contract with Maggolc Inc., for the construction of a traffic calming speed table at SW 78th Street West of SW 62nd Avenue. 3/5 (City Manager -Public Works & Engineering) Suggested Action: Attachments: Memo SW 78st W 62av 11-24.docx Reso SW 78st W 62av 11-24.docx Maggolc- Contract Speed Table.pdf Maggolc Inc Speed Table - Price Proposal.pdf SOMI Traffic Calming Study_SW 78 St.pdf SW 78th Street Speed Table RESIDENT SURVEY.pdf Amendment No.1to the Intergovernmental Agreement EXECUTED.pdf ni South Mami THE CITY OF PLEASANT LIVING CITY OF SOUTH MIAMI OFFICE OF THE CITY MANAGER INTER -OFFICE MEMORANDUM To: The Honorable Mayor & Members of the City Commission FROM: Shari Karnali, City Manager DATE: December 1, 2020 SUEuEcT: A Resolution authorizing the City Manager to negotiate and enter into a contract with Maggolc Inc., for the construction of a traffic calming speed table at SW 781h Street West of SW 62nd Avenue. BACKGROUND: The City desires to provide traffic calming devices to convey speed reduction and safety to the West Pinecrest neighborhood. The City completed a traffic study report and executed an amendment to the Intergovernmental Traffic Agreement with Miami -Dade County which allows the City responsibilities of certain traffic engineering functions. In order to meet the Miami -Dade County's traffic flow modifications requirements the City submitted a survey to the residents for approval of a propose traffic calming measure. The residents responded to the survey in concurrence to implement a traffic calming measure on SW 781h Street West of SW 62nd Avenue. To convey speed reduction and safety, the City developed construction scope documents following Miami -Dade County Standards for the construction of a traffic speed table at SW 78th Street West of SW 62nd Avenue. Quotes were solicited from several contractors beginning on November 13, 2020. The City received a total of three (3) proposals in response to a quotation. Pursuant to review, it was determined that Maggolc Inc., is the most responsive and responsible bidder for this proposal. Below are the top three proposals received: Contractor Bid Price Maggolc Inc. $7,200.00 V Engineering & Consulting Corp. $10,400.00 Metro Express, Inc. $12,997.00 A contingency amount of $800 will be included over the proposal amount of $7,200 to address for unknown factors that may arise during the work. AMOUNT: Amount not to exceed $8,000 which includes $ 800 for contingency. FUND&ACCOUNT: The expenditure shall be charged $8,000 to the People Transportation Tax Fund account number 124-1730-541-6490 which has a balance of $571,563.66 prior to this request. ATTACHMENTS: Resolution Construction Contract with Exhibits Maggolc Inc., Bid Documents Traffic Calming Study Miami -Dade County Amendment#1 to the Intergovernmental Agreement Resident Survey CONSTRUCTION CONTRACT WEST PINECREST TRAFFIC CALMING FOR SW 78TH STREET WEST OF SW 62 AVENUE REQUEST FOR COST PROPOSAL THIS CONTRACT was made and entered into on this 19 day of NOVEMBER, 2020, by and between MAGGOLC. [INC (hereafter referred to as "Contractor"), and the City of South Miami (hereafter referred to as "Owner'), through its City Manager (hereafter referred to as "City'). Contractor, for the consideration set forth herein, hereby agrees with Owner as follows: I. Contractor must furnish all labor, materials, equipment, machinery, tools, apparatus, transportation and any other items necessary to perform all of the work shown on and described in the Contract Documents and must do everything required by this Contract and the other Contract Documents hereinafter referred to as the Work. 2. The Contract Documents must include this Contract, General Conditions to the Contract, if any, the drawings, plans, specifications and project manual, if any, any supplementary or special conditions, other documents referring to this contract and signed by the parties, the solicitation documents ("hereinafter referred to as "Bid Documents") and any documents to which those documents refer which are used by Owner as well as any attachments or exhibits that are made a part of any of the documents described herein. 3. Contractor must commence the Work to be performed under this Contract on a date to be specified in a Notice to Proceed and must complete all Work hereunder within the length of time set forth in the Contract Documents. 4. Owner hereby agrees to pay to Contractor for the faithful performance of this Contract, subject to additions and deductions as provided in the Contract Documents and any properly approved, written change orders, in lawful money of the United States, the Lump Sum amount of: sEVEN THOUSAND TWO HUNDRi;D Dollars ($7.200.00) (spell DoQar Amount above) ("Contract Price"). 5. The expenses of performing Work after regular working hours, and on Sunday and legal holidays must be included in the Contract Price. The City may demand, at any point in time, that any part, or all, of the Work be performed after regular working hours. In such event, the Respondent will have no right to additional compensation for such work. However, nothing contained herein authorizes work on days and during hours that are otherwise prohibited by ordinance unless specifically authorized or instructed in writing by the City. 6. If the Work is expected to require more than one month, Owner will make monthly partial payments to Contractor on the basis of a duly certified and approved schedule of values for the Work performed during each calendar month by Contractor, less the retainage (all as provided for in the Contract Documents), which is to be withheld by Owner until completion and acceptance of the complete project in accordance with this Contract and the other Contract Documents and until such Work has been accepted by the City. 7. Upon submission by Contractor of evidence satisfactory to Owner that all labor, material, and other costs incurred by Contractor in connection with the construction of the Work have been paid in full, and after compliance with the terms for payment provided for in the Contract Documents, final payment on account of this Contract must be made within sixty (60) calendar days after the completion by Contractor of all Work covered by this Contract and the acceptance of such Work by Owner. 8. The Work must be completed in 15 calendar days. In the event that Contractor fails to complete the Work within the time limit stipulated in the Contract Documents, or the extended time limit agreed upon, in accordance with the procedure as more particularly set forth in the Contract Documents, liquidated damages must be paid by Contractor at the rate of $500 dollars per do plus any monies paid by Owner to the Consultant, if any, for additional engineering and inspection services, if any, associated with such delay. 9. It is further mutually agreed between the parties hereto that if a Payment and/or Performance Bond ("Bond") is required and if, at any time after the execution of this Contract and the Bond for its faithful performance and payment, the City deems the Surety or Sureties upon such bond(s) to be unsatisfactory, or if, for any reason such bond ceases to be adequate to cover the performance of the Work or payment to subcontractors and suppliers, Contractor must, at its expense within five (5) business days after the receipt of notice from the City so to do, furnish an additional bond or bonds in such form and amount and with such Surety or Sureties as are satisfactory to the City. In such event, no further payment to Contractor will be deemed to be due under this Contract until such new or additional security for the faithful performance of the Work is furnished in the manner and in the form satisfactory to the City. 10. No additional Work or extras may be done unless the same is duly authorized In writing, and in advance of the work, by appropriate action by the City and in accordance with the Contract Documents. 11. The date that this contract was "made and entered into" and its effective date is the date that the contract is the signed by the City or, if the contract is required to be approved by resolution of the City Commission, then the Effective Date is the date of the resolution approving the Contract whichever is the later date. IN WITNESS WHEREOF, the patties hereto have executed this Contract on the day and date set forch next to their name below and may be signed in one or more counterparts, each of which will, vut proof or accounting for the other counterpart, be deemed an original Contract /\ / / ATTESTED: Signature: 6 nd Nkenka A. Pa 01 City Clerk Read and Approved as to Form, Language, Legality, and Execution Thereof. CONTRACTOR: Signature: All Print SlgnatoryAk 's Name: Q ri DA 1�}Q.c1 e ZJ Tide of Signatory. OWNER CITY OF SOU MIAMI Signature Shari Kamali City Manager CONSTRUCTION CONTRACT WEST PINECREST TRAFFIC CALMING FOR SW 78r" STREET WEST OF SW 62 AVENUE REQUEST FOR COST PROPOSAL ARTICLE I —DEFINITIONS Whenever used in these General Conditions or in the other Contract Documents, the following terms have the meaning indicated. These definitions always apply when the section of the Contract specifically refers to this Article for the purpose of interpreting a word or group of words in that section of the Contract Document However, when the section of the Contract, where the word to be defined is used, does not specifically refers to this Article to define the word or group of words, the definitions contained in this Article will not apply unless the word or group of words, in the context of it or their use in the Contract Document in question, is/are ambiguous and open for interpretation. In addition, these definitions do not apply to interpret terms in a specific provision of a Contract Document if that specific provision contains a definition of the term in question: Addend a: Written or graphic documents issued prior to the Bid Opening which modify or interpret the Contract Documents, Drawings and Specifications, by addition, deletions, clarifications, or correction. Applicatin for Payment A form approved by the City's consultant (CONSULTANT), if any, or the City Manager which is to be used by CONTRACTOR in requesting progress payments. Bid: The offer or proposal of the Bidder submitted on the prescribed form setting forth the prices and other terms for the Work to be performed. idder• Any person, firm or corporation submitting a response to OWNER's solicitation for proposals or bids for Work. Bid Documents: The solicitation for bids or proposals and all documents that make up the solicitation including the instructions, form of documents and affidavits. Bonds: Bid bond, performance and payment bonds and other instruments of security, furnished by CONTRACTOR and its surety in accordance with the Contract Documents and in accordance with the laws of the State of Florida. Change Order. A written order to CONTRACTOR signed by the City Manager authorizing an addition, deletion or revision in the Work, or an adjustment in the Contract Price or the Contract Time issued after execution of the Contract Work Order Proposals: Written proposals from CONTRACTOR in response to orders or request for work based on the Scope of the Work provided by OWNER to CONTRACTOR. The proposal includes line item pricing, where there are multiple locations, and the timeframe for completing the work. CLty. The City Manager for the City of South Miami, 6130 Sunset Drive, South Miami, FL 33143, or manager's designee, unless the context wherein the word is used should more appropriately mean the City of South Miami. City Manager: Includes the City Manager's designee. Construcdon Observer An authorized representative of CONSULTANT, if any, or otherwise a representative of OWNER assigned to observe the Work performed and materials furnished by CONTRACTOR. CONTRACTOR will be notified in writing of the identity of this representative. Contract Documents: The Contract Documents include the Contract between OWNER and CONTRACTOR, other documents listed in the Contract and modifications issued after execution of the Contract as well as all Bid Documents including but not limited to the solicitation for Bid, CONTRACTOR'S Bid, the Bonds, insurance endorsements, Insurance Certificates and policies, the Notice of Award, the Notice to Proceed, the General Conditions, Special Conditions, if any, any Supplementary Conditions, the Technical Specifications, Drawings, including any incorporated specifications, addenda to the drawings issued prior to execution of the Contract, Change Orders, Construction Change Directives and any written order for a minor change in the Work, and written modifications to any of the Contract Documents. Contract Price: The total moneys payable to CONTRACTOR pursuant to the terms of the Contract Documents. Contract 'me: The number of calendar days stated in the Contract for the completion of the Work. Contracting Officer. The individual who is authorized to sign the contract documents on behalf of OWNER. CONTRACTOR: The person, firm or corporation with whom OWNER has executed the Contract - CONSULTANT: The person identified as CONSULTANT in the Supplementary Conditions or, if none, then OWNER's designated representative as identified in the Supplementary Conditions. Dad A period of twenty-four hours measured from the beginning of the day at 12:01 a.m. and it will be presumed to be a calendar day unless specifically designated as a business day. DUs: The number of twenty-four (24) hour periods following the event to which the word "days" refers commencing at 12:01 a.m. at the start of the next day. Therefore, in computing any period of time prescribed or allowed by the Contract Documents, the day of the act, event or default from which the designated period of time begins to run will not be included. The last day of the period so computed will be included unless it is a Saturday, Sunday or legal holiday, in which event the period will run until the end of the next business day that is not a Saturday, Sunday or legal holiday. Defective Work: Work that is unsatisfactory, faulty, or deficient in that it does not conform to the Contract Documents, or does not meet the requirements of any applicable inspection, reference standard, test; or approval referred to in the Contract Documents, or has been damaged prior to CONSULTANTS recommendation of final payment (unless responsibility for the protection thereof has been delegated to OWNER); substitutions that are not properly approved and authorized, any deficiency in the Work, materials and equipment, materials and equipment furnished under the Contract that are not good quality and new unless otherwise required or permitted by the Contract Documents. Drawing The drawings which show the character and Scope of the Work to be performed and which have been prepared or approved by CONSULTANT, or if none, then by an architect or engineer hired by City Manager and are referred to in the Contract Documents. Field Order A written order issued by CONSULTANT which clarifies or interprets the Contract Documents in accordance with Paragraph 9.3 or orders minor changes in the Work in accordance with paragraph 10.2. Modification: (a) A written amendment of the Contract Documents signed by both parties, (b) a Change Order signed by both parties, (c) a written clarification or interpretation if issued by CONSULTANT in accordance with paragraph 9.3 or (d) a written order for minor change or alteration in the Work issued by CONSULTANT pursuant to Paragraph 10.2. A modification may only be issued after execution of the Contract, it must be In writing and signed by the party against whom the modification is sought to be enforced. Non -conforming Work means work that does not conform to the Contract Documents and Includes work that is unsatisfactory, faulty, or deficient or that does not meet the requirements of any applicable inspection, reference standard, test, or that does not meet any approval required by, or referred to in, the Contract Documents, or work that has been damaged prior to CONSULTANTS recommendation of final payment (unless responsibility for the protection thereof has been assumed in writing by OWNER). Notice of Award: The written notice by City Manager to the apparent successful Bidder stating that upon compliance with the conditions precedent to be fulled by it within the time specified, City Manager will execute and deliver the Contract to him. Notice to Proceed: A written notice given by City Manager to CONTRACTOR (with copy to CONSULTANT) fixing the date on which the Contract Time will commence to run and on which CONTRACTOR must start to perform its obligations under the Contract Documents. Owner. The City of South Miami. Person: An individual or legal entity. Project- The entire construction operation being performed as delineated in the Contract Documents. Polic)G The term "policy" as used in the Contract Documents means the insurance binder, if it is issued, the declaration page of the policy and the body of the policy, including all endorsements. FP: Request for Proposal. Scope of Services. This phrase refers to the scope of the services or work to be performed and it has the same meaning as Scope of the Work unless the context in which the phase is used clearly means otherwise. Shop Drawings: All drawings, diagrams, illustrations, brochures, schedules and other data which are prepared by CONTRACTOR, a Subcontractor, manufacturer, supplier, or distributor, and which illustrate the equipment, material or some portion of the work and as required by the Contract Documents. Saml2les: Physical examples which illustrate materials, equipment or workmanship and establish standards by which the Work will be judged. Specifications: Those portions of the Contract Documents consisting of written technical descriptions of materials, equipment, construction systems, standards and workmanship as applied to the Work. Subcontragar An individual, firm or corporation having a direct contract with CONTRACTOR or with any other Subcontractor for the performance of a part of the Work at the construction site. Substantial Completion: e� The date, as certified by CONSULTANT, when the construction of the Project or a certified part thereof is sufficiently completed, in accordance with the Contract Documents, so that the Project, or a substantial part, can be utilized for the purposes for which it was intended without restriction or limitation to any degree, other than for the repair of minor "punch list" items; or if there be no such certification, the date when final payment is due in accordance with paragraph 14.9. However, in no event will the project or portion thereof, be deemed to be substantially completed until a certificate of occupancy or certificate of use is lawfully Issued by the applicable governmental agency. A certificate of Substantial Completion, issued by CONSULTANT, will be null and void if it is based on Use, misleading or inaccurate information, from any source, or when it would not have been issue but for the consideration of Work that is thereafter found to be defective to a degree greater than that which would normally to be considered by City Manager to be minor "punch list" work. S ier• Any person or organization who supplies materials or equipment for the Work, including the fabrication of an item, but who does not perform labor at the site of the Work Sure : The individual or entity who is an obligor on a Bond and who is bound with CONTRACTOR for the full and faithful performance of the Contract and for the payment of all labor, services and materials used on the project. Work: Any and all obligations, duties and responsibilities necessary for the successful performance and completion of the Contract Notice: The term "Notice" as used herein means and includes all written notices, demands, instructions, claims, approvals and disapprovals required to obtain compliance with Contract requirements. Written notice will be deemed to have been duly served if delivered in person to the individual or to a member of the firm or to an officer of the corporation for whom it is intended, or to an authorized representative of such individual, firm, or corporation, or if delivered at or sent by registered mail to the last known business address. Unless otherwise stated in writing, any notice to or demand upon OWNER under this Contract must be delivered to City Manager and CONSULTANT. ARTICLE 2 — PRELIMINARY MATTERS Award: 2.1 The City Manager reserves the right to reject any and all Bids, at its sole discretion. Bids will be awarded by OWNER to the lowest responsive and responsible Bidder. No Notice of Award will be given until the City Manager has concluded its investigation, as it deems necessary, to establish, to the satisfaction of the City Manager, which Bidder is the most responsive and responsible of all the Bidders to complete the Work within the time prescribed and in accordance with the Contract Documents. The City Manager reserves the right to reject the Bid of any Bidder who is not believed to be, in the sole discretion and satisfaction of City Manager, to be sufficiently responsible, qualified and financial able to perform the work In analyzing a Bid, the City Manager may also take into consideration alternate and unit prices, if requested by the Bid forms. If the Contract is awarded, the City Manager will issue the Notice of Award and give the successful Bidder a Contract for execution within ninety (90) day after opening of Bids. Execution of Contract 2.2 At least four counterparts of the Contract, the Performance and Payment Bond, the Certificates of Insurance, the Binder of Insurance if issued, the Insurance Declaration Page if not included in the Policy of Insurance, the Policy of Insurance required by the Contract Documents, the written notice of designated supervisor or superintendent as provided in Section 6.1 of the General Conditions and such other Documents as required by the Contract Documents must be executed and delivered by CONTRACTOR to the City Manager within ten (10) calendar days of receipt of the Notice of Award. A Contract Document that requires the signature of a party may be executed in counterparts separately by each of the parties and, in such event, each counterpart separately executed will, without proof or accounting for the other counterpart be deemed an original Contract Document rfeiture of Bid Security/Performame_and Payment Bond. if_any-are reeu_ir—ed by -the 2.3 Within ten (10) calendar days of being notified of the Award, CONTRACTOR must furnish a Performance Bond and a Payment Bond containing all the provisions of the Performance Bond and Payment Bond attached. 2.3.1 Each Bond must be in the amount of one hundred percent (I GO%) of the Contract Price guaranteeing to OWNER the completion and performance of the Work covered in such Contract as well as full payment of all suppliers, material man, laborers, or Subcontractor employed pursuant to this Project. Each Bond must be with a Surety company whose qualifications meet the requirements of Sections 2.3.4, 2.3.5, and 2.3.6. 2.3.2 Each Bond must continue in effect for five years after final completion and acceptance of the Work with the liability equal to one hundred percent (100%) of the Contract Sum. 2.3.3 Pursuant to the requirements of Section 255.05(I), Florida Statutes, CONTRACTOR must ensure that the Bond(s) referenced above are recorded in the public records of Miami -Dade County and provide City Manager with evidence of such recording. 2.3.4 Each Bond must be executed by a surety company authorized to do business in the State of Florida as a surety, having a resident agent in the State of Florida and having been in business with a record of successful continuous operation for a least five (5) years. 2.3.5 The surety company must hold a current certificate of authority as acceptable surety on federal bonds in accordance with the United States Department of Treasury Circular 570, current revisions. 2.3.6 OWNER will only be required to accept a surety bond from a company with a rating A. VII or better. 2.3.7 Failure of the successful Bidder to execute and deliver the Contract and deliver the required bonds and Insurance documents will be cause for the City Manager to annul the Notice of Award and declare the Bid and any security therefore forfeited. Contractor's Pre -Start Representation: 2.4 CONTRACTOR represents that it has familiarized itself with, and assumes full responsibility for having familiarized itself with the nature and extent of the Contract Documents, Work, locality, and with all local conditions and federal, state and local laws, ordinance, rules and regulations that may in any manner affect performance of the Work, and represents that it has correlated its study and observations with the requirements of the Contract Documents. CONTRACTOR also represents that it has studied all surveys and investigations, reports of subsurface and latent physical conditions referred to in the specifications and made such additional surveys and investigations as it deems necessary for the performance of the Work reflected in the Contract Documents and that he has correlated the results of all such data with the requirements of the Contract Documents. Commencement of ContractTime: 2.5 The Contract Time will commence to run on the date stated In the Notice to Proceed. Starting the Project: 2.6 CONTRACTOR must start to perform its obligations under the Contract Documents on the date the Contract Time commences to run. No Work may be done at the site (as defined in Article 1), prior to the date on which the Contract Time commences to run, except with the written consent of the City Manager. Before Starting Construction: 2.7 Before undertaking each part of the Work, CONTRACTOR must carefully study and compare the Contract Documents and check and verify pertinent figures shown thereon and all applicable field measurements and conditions. It must at once report in writing to CONSULTANT any conflict, error, or discrepancy which it may discover. Neither OWNER nor CONSULTANT will be liable for any harm, damage or loss suffered by CONTRACTOR as a result of its failure to discover any conflict, error, or discrepancy in the Drawings or Specifications nor will CONTRACTOR be entitled to any compensation for any harm, damage or loss suffered by CONTRACTOR due to any conflict, error, or discrepancy in the Contract Documents. Schedule of Completion: 2.8 Within Five (5) business days after delivery of the Notice to Proceed by City Manager to CONTRACTOR, CONTRACTOR must submit to CONSULTANT for approval, an estimated construction schedule indicating the starting and completion dates of the various stages of the Work, and a preliminary schedule of Shop Drawing submissions. CONSULTANT will approve this schedule or require revisions thereto within seven (7) calendar days of its submittal. If there is more than one CONTRACTOR involved in the Project, the responsibility for coordinating the Work of all CONTRACTORS will be provided in the Special Conditions. 2.9 Within five (5) business days after delivery of the executed Contract by City Manager to CONTRACTOR, but before starting the Work at the site, a pre -construction conference will be held to review the above schedules, to establish procedures for handling Shop Drawings and other submissions, and for processing Applications for Payment, and to establish a working understanding between the parties as to the Project Present at the conference will be OWNER'S representative, CONSULTANT, Resident Project Representatives, CONTRACTOR and its Superintendent. Qualifications of Subcontractors, Material men and Suppliers: 2.10 Within five (5) business days after bid opening, the apparent lowest responsive and responsible Bidder must submit to the City Manager and CONSULTANT for acceptance a list of the names of Subcontractors and such other persons and organizations (including those who are to furnish principal items of materials or equipment) proposed for those portions of the Work as to which the identity of Subcontractors and other persons and organizations must be submitted as specified in the Contract Documents. Within thirty (30) calendar days after receiving the list, CONSULTANT will notify CONTRACTOR in writing if either the City Manager or CONSULTANT has reasonable objection to any Subcontractor, person, or organization on such list The failure of the City Manager or CONSULTANT to make objection to any Subcontractor, person, or organization on the list within thirty (30) calendar days of the receipt will constitute an acceptance of such Subcontractor, person or organization. Acceptance of any such Subcontractor, person or organization will not constitute a waiver of any right of OWNER or CONSULTANT to reject defective Work, material or equipment, or any Work, material or equipment not in conformance with the requirements of the Contract Documents. 2.11 If, prior to the Notice of Award, the City Manager or CONSULTANT has reasonable objection to any Subcontractor, person or organization listed, the apparent low Bidder may, prior to Notice of Award, submit an acceptable substitute without an increase in its bid price. 2.12 The apparent silence of the Contract Documents as to any detail, or the apparent omission from them of a detailed description concerning any Work to be done and materials to be furnished, will be regarded as meaning that only best practices are to prevail and only materials and workmanship of the best quality are to be used in the performance of the Work. ARTICLE 3—CORRELATION INT RPRETATION AND INTENT OF CONTRACT DOCUMENTS 3.1 It is the intent of the Specifications and Drawings to describe a complete Project to be constructed in accordance with the Contract Documents. The Contract Documents comprise the entire Contract between OWNER and CONTRACTOR. They may be altered only by a modification as defined in Article 1. 3.2 The Contract Documents are complementary; what is called for by one is as binding as if called for by all the documents. If CONTRACTOR finds a conflict, error or discrepancy In the Contract Documents, it must, before proceeding with the Work affected thereby, immediately call it to CONSULTANT's attention in writing. The various Contract Documents are complementary; in case of conflict, error or discrepancy, the more stringent interpretation and requirement that will provide the maximum benefit to OWNER will apply 3.3 The words "furnish" and "furnish and install", "install", and "provide" or words with similar meaning will be interpreted, unless otherwise specifically stated, to mean "furnish and install complete in place and ready for service". 3.4 Miscellaneous items and accessories which are not specifically mentioned, but which are essential to produce a complete and properly operating installation, or usable structure, providing the indicated functions, must be furnished and installed without change in the Contract Price. Such miscellaneous items and accessories must be of the same quality standards, including material, style, finish, strength, class, weight and other applicable characteristics, as specified for the major component of which the miscellaneous item or accessory Is an essential part, and will be approved by CONSULTANT before installation. The above requirement is not intended to include major components not covered by or inferable from the Drawings and Specifications. 3.5 The Work of all trades under this Contract must be coordinated by CONTRACTOR in such a manner as obtain the best workmanship possible for the entire Project, and all components of the Work must be installed or erected in accordance with the best practices of the particular trade. 3.6 CONTRACTOR will be responsible for making the construction of habitable structures under this Contract rain proof, and for making equipment and utility installations properly perform the specified function. If CONTRACTOR is prevented from complying with this provision due to the Drawings or Specifications, CONTRACTOR must immediately notify CONSULTANT in writing of such limitations before proceeding with construction in the area where the problem exists. 3.7 Manufacturer's literature, when referenced, must be dated and numbered and is intended to establish the minimum requirements acceptable. Whenever reference is given to codes, or standard specifications or other data published by regulating agencies or accepted organizations, including but not limited to National Electrical Code, applicable State Building Code, Florida Building Code, Federal Specifications, ASTM Specifications, various institute specifications, and the like, it will be understood that such reference Is to the latest edition including addenda in effect on the date of the Bid. 3.8 Brand names where used in the technical specifications, are intended to denote the standard or quality required for the particular material or product The term "equal" or "equivalent°, when used in connection with brand names, will be interpreted to mean a material or product that is similar and equal in type, quality, size, capacity, composition, finish, color and other applicable characteristics to the material or product specified by trade name, and that is suitable for the same use capable of performing the same function, in the opinion of CONSULTANT, as the material or product so specified. Proposed equivalent items must be approved by CONSULTANT before they are purchased or incorporated in the Work. (When a brand name, catalog number, model number, or other identification, is used without the phrase "or equal", CONTRACTOR must use the brand, make and model specified). 3.9 Throughout this agreement the male pronoun may be substituted for female and neuter and vice versa and the singular words substituted for plural and plural words substituted for singular wherever applicable. 3.10 All technical interpretations will be made by CONSULTANT as set forth in Section 9.3 below. 3.11 CONTRACTOR must advise CONSULTANT, prior to performing any work involving a conflict in the Contract Documents and CONSULTANT will make the final decision as to which of the documents will take precedence. If there is a conflict between or among the Contract Documents, only the latest version will apply and the latest version of the Contract Documents. CONSULTANT must use the following list of Contract Documents as a guide. These documents are set forth below in the order of their precedence so that all the documents listed above a given document should have precedence over all the documents listed below it (a) Change Orders (b) Amendments/addenda to Contract (c) Supplementary Conditions, if any (d) Contract with all Exhibits thereto (e) General Conditions (f) Written or figured dimensions (g) Scaled dimensions (h) Drawings of a larger scale (i) Drawings of a smaller scale 0) Drawings and Specifications are to be considered complementary to each other ARTICLE 4 —AVAILABILITY OF LANDS SUBSURFACE CONDITIONS (REFERENCE POINTS Availability ofLands: 4.1 OWNER will furnish, as indicated in the Contract Documents, the lands upon which the Work is to be done, rights -of -way for access thereto, and such other lands which are designed for the use of CONTRACTOR. Easements for permanent structures or permanent changes in existing facilities will be obtained and paid for by OWNER, unless otherwise specified in the Contract Documents. Other access to such lands or rights -of -way for CONTRACTOR'S convenience will be the responsibility of CONTRACTOR. CONTRACTOR must provide for all additional lands and access thereto that may be required for temporary construction facilities or storage of material and equipment 4.2 The City Manager will, upon request, furnish to the Bidders, copies of all available boundary surveys and subsurface tests at no cost Subsurface Conditions: 4.3 CONTRACTOR acknowledges that he has investigated prior to bidding and satisfied himself as to the conditions affecting the Work, including but not limited to those bearing upon transportation, disposal, handling and storage of materials, availability of labor, water, electric power, roads and uncertainties of weather, river stages, tides, water tables or similar physical conditions at the site, the conformation and conditions of the ground, the character of equipment and facilities needed preliminary to and during prosecution of the Work. CONTRACTOR further acknowledges that he has satisfied himself as to the character, quality and quantity of surface and subsurface materials or obstacles to be encountered Insofar as this information is reasonably ascertainable from an inspection of the site, Including all exploratory work done by OWNER/ CONSULTANT on the site or any contiguous site, as well as from information presented by the Drawings and Specifications made part of this Contract, or any other information made available to it prior to receipt of bids. Any failure by CONTRACTOR to acquaint itself with the available information will not relieve it from responsibility for estimating properly the difficulty or cost of successfully performing Work. OWNER assumes no responsibility for any conclusions or interpretations made by CONTRACTOR on the basis of the information made available by OWNER/ CONSULTANT. Differing Site Conditions: 4.4 CONTRACTOR must within forty-eight (48) hours of its discovery, and before such conditions are disturbed, notify the City Manager in writing, of: 4.4.1 Subsurface or latent physical conditions at the site differing materially from those indicated in the Contract Documents, and 4.4.2 Unknown physical conditions at the site, of an unusual nature, differing materially from those ordinarily encountered and generally inherent in Work of the character provided for in this Contract The City Manager will promptly investigate the conditions, and if it finds that such conditions do materially differ to the extent as to cause an increase or decrease in CONTRACTOR'S cost of, or the time required for, performance of any part of the Work under this Contract, an equitable adjustment will be made and the Contract modified in writing accordingly. 4.5 No claim of CONTRACTOR under this clause will be allowed unless CONTRACTOR has given the notice required in 4.4 above; provided, however, the time prescribed therefore may be extended by the City Manager, but only if done in writing signed by the City Manager or CONSULTANT. ARTICLE S — INSURANCE Contractor must comply with the insurance requirements set forth in the Supplementary Conditions to the Contract ARTICLE 6 - CONTRACTOR'S RESPONSIBILITIES Supervision and Superintendence: 6.1 CONTRACTOR must supervise and direct the Work. It will be solely responsible for the means, methods, techniques, sequences and procedures of construction. CONTRACTOR must employ and maintain a qualified supervisor or superintendent (hereinafter referred to as "Supervisor' at the Work site who must be designated in writing by CONTRACTOR, before CONTRACTOR commences the Work and within the time required by the Contract, as CONTRACTOR'S representative at the site. The Supervisor or the person designated will have full authority to act on behalf of CONTRACTOR and all communications given to the Supervisor will be as binding as if given to CONTRACTOR. The Supervisor(s) will always be present at each site as required to perform adequate supervision and coordination of the Work. (Copies of written communications given to the Supervisor will be mailed to CONTRACTOR'S home office). 6.1.1 CONTRACTOR must keep one record copy of all Specifications, Drawings, Addenda, Modifications and Shop Drawings at the site at all times and in good order and annotated to show all changes made during the construction process. These must be available to CONSULTANT and any OWNER Representative at all reasonable times. A set of "As -Built" drawings, as well as the original Specifications, Drawings, Addenda, Modifications and Shop Drawings with annotations, will be made available to City Manager at all times and It must be delivered to the City Manager upon completion of the Project. Labor. Materials and Equipment: 6.2 CONTRACTOR must provide competent, suitably qualified personnel to lay out the Work and perform construction as required by the Contract Documents. It must always maintain good discipline and order at the site. 6.3 CONTRACTOR must furnish all materials, equipment, labor, transportation, construction equipment and machinery, tools, appliances, fuel, power, light, heat, local telephone, water and sanitary facilities and all other facilities and incidentals necessary for the execution, testing, initial operation and completion of the Work. 6A All materials and equipment must be new, except as otherwise provided in the Contract Documents. When special makes or grades of material which are normally packaged by the supplier or manufacturer are specified or approved, such materials must be delivered to the site in their original packages or containers with seals unbroken and labels Intact 6.5 All materials and equipment must be applied, installed, connected, erected, used, cleaned and conditioned in accordance with the instructions of the applicable manufacturer, fabricator, or processors, except as otherwise provided in the Contract Documents. Work, Materials, Equipment. Products and Substitutions: 6.6 Materials, equipment and products incorporated in the Work must be approved for use before being purchased by CONTRACTOR. CONTRACTOR must submit to CONSULTANT a list of proposed materials, equipment or products, together with such samples as may be necessary for them to determine their acceptability and obtain their approval, within ninety (90) calendar days after award of Contract unless otherwise stipulated in the Special Conditions. No request for payment for "or equal" equipment will be approved until this list has been received and approved by CONSULTANT. 6.6.1 Whenever a material, article or piece of equipment is identified on the Drawings or Specifications by reference to brand name or catalog number, it is understood that this is referenced for the purpose of defining the performance or other salient requirements and that other products of equal capacities, quality and function must be considered. CONTRACTOR may recommend the substitution of a material, article, or piece of equipment of equal substance and function for those referred to in the Contract Documents by reference to brand name or catalog number, and if, in the opinion of CONSULTANT, such material, article, or piece of equipment is of equal substance and function to that specified, CONSULTANT may approve its substitution and use by CONTRACTOR. Incidental changes or extra component parts required to accommodate the substitute will be made by CONTRACTOR without a change in the Contract Price or the Contract Time. 6.6.2 No substitute may be ordered or installed without the written approval of CONSULTANT who will be the judge of quality. 6.6.3 Delay caused by obtaining approvals for substitute materials will not be considered justifiable grounds for an extension of construction time. 6.6.4 Should any Work or materials, equipment or products not conform to requirements of the Drawings and Specifications or become damaged during the progress of the Work, such Work or materials must be removed and replaced, together with any Work disarranged by such alterations, at any time before completion and acceptance of the Project. All such Work must be done at the expense of CONTRACTOR. 6.65 No materials or supplies for the Work may be purchased by CONTRACTOR or any Subcontractor that are subject to any chattel mortgage or under a conditional sale or other agreement by which an interest is retained by the Seller. CONTRACTOR warrants that they have good title to all materials and supplies used by them in the Work. 6.6.6 Non -conforming Work: The City of South Miami may withhold acceptance of, or reject items which are found upon examination, not to meet the specification requirements or conform to the plans and drawings. Upon written notification of rejection, items must be removed or uninstalled within five (5) business days by CONTRACTOR at his own expense and redelivered and/or reinstalled at his expense. Rejected goods left longer than thirty (30) calendar days will be regarded as abandoned and OWNER will have the right to dispose of them as its own property and CONTRACTOR thereby waives any claim to the good or to compensation of any kind for said goods. Rejection for non-conformance or failure to meet delivery schedules may result in CONTRACTOR being found in default 6.6.7 In case of default by CONTRACTOR, the City of South Miami may procure the articles or services from other sources and hold CONTRACTOR responsible for any excess costs occasioned or incurred thereby. 6.6.8 OWNER reserves the right, in the event CONTRACTOR cannot provide an item(s) or service(s) in a timely manner as requested, to obtain the good and/or services from other sources and deducting the cost from the Contract Price without violating the intent of the Contract Concerning Subcontractors: 6.7 CONTRACTOR may not employ any Subcontractor, against whom the City Manager or CONSULTANT may have reasonable objection, nor will CONTRACTOR be required to employ any Subcontractor who has been accepted by the City Manager and CONSULTANT, unless CONSULTANT determines that there is good cause for doing so. 6.8 CONTRACTOR is be fully responsible for all acts and omissions of its Subcontractors and of persons and organizations directly or indirectly employed by it and of persons and organizations for whose acts any of them may be liable to the same extent that they are responsible for the acts and omissions of persons directly employed by them. Nothing in the Contract Documents create any contractual relationship between OWNER or CONSULTANT and any Subcontractor or other person or organization having a direct contract with CONTRACTOR, nor may it create any obligation on the part of OWNER or CONSULTANT to pay or to see to payment of any subcontractor or other person or organization, except as may otherwise be required by law. City Manager or CONSULTANT may furnish to any Subcontractor or other person or organization, to the extent practicable, evidence of amounts paid to CONTRACTOR on account of specified Work done in accordance with the schedule values. 6.9 The divisions and sections of the Specifications and the identifications of any Drawings does not control CONTRACTOR in dividing the Work among Subcontractors or delineating the Work performed by any specific trade. 6.10 CONTRACTOR agrees to bind specifically every Subcontractor to the applicable terms and conditions of the Contract Documents for the benefit of OWNER. 6.11 All Work performed for CONTRACTOR by a Subcontractor must be pursuant to an appropriate agreement between CONTRACTOR and the Subcontractor. 6.12 CONTRACTOR is be responsible for the coordination of the trades, Subcontractors material and men engaged upon their Work. 6.12.1 CONTRACTOR must inserted in all subcontracts relative to the Work appropriate provisions to bind Subcontractors to CONTRACTOR by the terms of these General Conditions and other Contract Documents insofar as applicable to the Work of Subcontractors, and give CONTRACTOR the same power as regards to terminating any subcontract that City Manager may exercise over CONTRACTOR under any provisions of the Contract Documents. 6.12.2 The City Manager or CONSULTANT will not undertake to settle any differences between CONTRACTOR and their Subcontractors or between Subcontractors. 6.12.3 If in the opinion of CONSULTANT, any Subcontractor on the Project proves to be incompetent or otherwise unsatisfactory, they must be promptly replaced by CONTRACTOR when directed by CONSULTANT in writing. 6.12A Discrimination: No action may be taken by the any subcontractor with regard to the fulfilment of the terms of the subcontract, including the hiring and retention of employees for the performance of Work that would discriminate against any person on the basis of race, color, creed, religion, national origin, sex, age, sexual orientation, familial status or disability. This paragraph must be made a part of the subcontractor's contract with CONTRACTOR. Patent Fees and Royal 'es: 6.13 CONTRACTOR must pay all license fees and royalties and assume all costs incident to the use of any invention, design, process or device which is the subject of patent rights or copyrights held by others. CONTRACTOR must indemnify and hold harmless OWNER and CONSULTANT and anyone directly or indirectly employed by either of them from against all claims, damages, losses and expenses (including attorneys fees) arising out of any infringement of such rights during or after the completion of the Work, and must defend all such claims in connection with any alleged infringement of such rights. 6.14 CONTRACTOR is responsible for determining the application of patent and/or royalty rights as to any materials, appliances, articles or systems prior to bidding. However, he is not responsible for such determination on systems which do not involve purchase by them of materials, appliances and articles. Permits: 6.15 CONTRACTOR must secure and pay for all construction permits and licenses and must pay for all governmental charges and inspection fees necessary for the prosecution of the Work, which are applicable at the time of his Bid. When such charges are normally made by OWNER and when so stated in the Special Conditions, there will be no charges to CONTRACTOR. The City Manager will assist CONTRACTOR, when necessary, in obtaining such permits and licenses. CONTRACTOR must also pay all public utility charges. Electrical Power and Ljting 6.16 Electrical power required during construction must be provided by each prime CONTRACTOR as required by it. This service must be installed by a qualified electrical Contractor approved by CONSULTANT. Lighting must be provided by CONTRACTOR in all spaces at all times where necessary for good and proper workmanship, for inspection or for safety. No temporary power may be used off temporary lighting lines without specific approval of CONTRACTOR. Laws and Regulations: 6.17 CONTRACTOR must comply with all notices, laws, ordinances, rules and regulations applicable to the Work. If CONTRACTOR observes that the Specifications or Drawings are at variance therewith, it must give CONSULTANT prompt written notice thereof, and any necessary changes must be adjusted by an appropriate modification. If CONTRACTOR performs any Work knowing it to be contrary to such laws, ordinances, rules and regulations, and without such notice to CONSULTANT, it must bear all costs arising there from; however, it will not be its primary responsibility to make certain that the Drawings and Specifications are in accordance with such laws, ordinances, rules and regulations. Discrimination: 6.17A No action may be taken by CONTRACTOR with regard to the fulfilment of the terms of the Contract, including the hiring and retention of employees for the performance of Work that would discriminate against any person on the basis of race, color, creed, religion, national origin, sex, age, sexual orientation, familial status or disability. Taxes: 6.18 Cost of all applicable sales, consumer use, and other taxes for which CONTRACTOR is liable under the Contract must be included in the Contract Price stated by CONTRACTOR. Safegy and Protection: 6.19 CONTRACTOR is be responsible for initiating, maintaining and supervising all safety precautions and programs in connection with the Work. They must take all necessary precautions for the safety of, and must provide the necessary protection to prevent damage, injury or loss to: 6.19.1 All employees and other persons, who may be affected thereby, 6.19.2 All the Work and all materials or equipment to be incorporated therein, whether in storage on or off the site, and 6.19.3 Other property at the site or adjacent thereto, including trees, shrubs, lawns, walks, pavements, roadways, structures and utilities not designated for removal, relocation or replacement in the course of construction. 6.20 CONTRACTOR must designate a responsible member of their organization at the site whose duty must be the prevention of accidents. This person must be CONTRACTOR'S Superintendent unless otherwise designated in writing by CONTRACTOR to the City Manager. Emergencies: 6.21 In emergencies affecting the safety of persons or the Work or property at the site or adjacent thereto, CONTRACTOR, without special instruction or authorization from CONSULTANT or City Manager, is obligated to act, at his discretion, to prevent threatened damage, injury or loss. He must give CONSULTANT prompt written notice of any significant changes in the Work or deviations from the Contract Documents caused thereby. If CONTRACTOR believes that additional Work done by him in an emergency which arose from causes beyond his control entities him to an increase in the Contract Price or an extension of the Contract Time, he may make a claim therefore as provided in Articles I I and 12. The City Manager reserves the right, in the City Manager's sole and absolute discretion and when in the best interest of the City, to suspend the work or services or cancel this contract in the event of an emergency that effects the City of South Miami, its residents or businesses and that has been declared an emergency by the Governor, Mayor of Miami -Dade County or by the City Manager pursuant to the City Manager's Emergency Management powers set forth In Ch. 14 of the City's Code of Ordinances. In such event, the CONTRACTOR is only be entitled to be paid for the reasonable value of the work performed and any costs advanced that cannot be mitigated by CONTRACTOR. Shop Drawings and Samples. 6.22 After checking and verifying all field measurements, CONTRACTOR must submit to CONSULTANT for review, in accordance with the accepted schedule of shop drawing submissions, six (6) copies (or at CONSULTANT option, one reproducible copy) of all Shop Drawings, which must have been checked by and stamped with the approval of CONTRACTOR. The Shop Drawings must be numbered and identified as CONSULTANT may require. The data shown on the Shop Drawings must be complete with respect to dimensions, design criteria, materials of construction and the like to enable CONSULTANT to review the information without any unnecessary investigation. 6.23 CONTRACTOR must also submit to CONSULTANT for review, with such promptness as to cause no delay in Work, all samples required by the Contract Documents. All samples must have been checked by and stamped with the approval of CONTRACTOR, identified clearly as to material, manufacturer, any pertinent catalog numbers and the use for which intended. 6.24 At the time of each submission, CONTRACTOR must notify CONSULTANT, in writing, of any deviations between the Shop Drawings or samples and the requirements of the Contract Documents. 6.25 CONSULTANT must review with responsible promptness Shop Drawings and Samples, but his review is only for conformance with the design concept of the Project and for compliance with the information given in the Contract Documents. The review of a separate item as such will not indicate review of the assembly in which the items functions. CONTRACTOR must make any corrections required by CONSULTANT and must return the required number of corrected copies of Shop Drawings and resubmit new samples until the review is satisfactory to CONSULTANT. CONTRACTOR must notify CONSULTANT, in writing, of any prior Shop Drawing or revisions to Shop Drawings that are in conflict with each submission or re -submission. CONTRACTOR'S stamp of approval on any Shop Drawings or sample will constitute representation to OWNER and CONSULTANT that CONTRACTOR has either determined and/or verified all quantities, dimension, field construction criteria, materials, catalog numbers and similar data or they assume full responsibility for doing so, and that they have reviewed or coordinated each Shop Drawing or sample with the requirements of the Work and the Contract Documents. 6.26 No Work requiring a submittal of a Shop Drawing or sample may be commenced until the submission has been reviewed and approved in writing by CONSULTANT. A copy of each Shop Drawing and each approved sample must be kept in good order, in a book or binder, in chronological order or in such other order required by CONSULTANT in writing, by CONTRACTOR at the site and must be available to CONSULTANT. 6.27 CONSULTANT's review of Shop Drawings or samples will not relieve CONTRACTOR from his responsibility for any deviations from the requirements of the Contract Documents unless CONTRACTOR has informed CONSULTANT, in writing, to each deviation at the time of submission and CONSULTANT has given written approval to the specific deviation, nor may any review by CONSULTANT relieve CONTRACTOR from responsibility for errors or omissions in the Shop Drawings or samples. 6.27A CONTRACTOR is be liable to OWNER for any additional cost or delay that is. caused by its failure to notify CONSULTANT of any of said deviations or conflicts between Shop Drawings or due to errors In the Shop Drawings or samples. Cleaning Up: 6.28 CONTRACTOR must clean up behind the Work as much as is reasonably possible as the Work progresses. Upon completion of the Work, and before acceptance of final payment for the Project by OWNER, CONTRACTOR must remove all his surplus and discarded materials, excavated material and rubbish as well as all other material and equipment that does not form a part of the Work, from the property, roadways, sidewalks, parking areas, lawn and all adjacent property. In addition, CONTRACTOR must clean his portion of Work involved in any building under this Contract, so that no further cleaning by OWNER is necessary prior to its occupancy and he must restore all property, both public and private, which has been disturbed or damaged during the prosecution of the Work so as to leave the whole Work and Work Site in a neat and presentable condition. 6.29 If CONTRACTOR does not clean the Work site, OWNER may clean the Work Site of the materials referred to in paragraph 6.28 and charge the cost to CONTRACTOR. Public Convenience and Safety: 6.30 CONTRACTOR must, at all times, conduct the Work in such a manner as to ensure the least practicable obstruction to public travel. The convenience of the general public and of the residents along and adjacent to the area of Work must be provided for in a satisfactory manner, consistent with the operation and local conditions. "Street Closed" signs must be placed immediately adjacent to the Work, in a conspicuous position, at such locations as traffic demands. At any time that streets are required to be closed, CONTRACTOR must notify law enforcement agencies and in particular, the City of South Miami Police Department, before the street is closed and again as soon as it is opened. Access to fire hydrants and other fire extinguishing equipment must be provided and maintained at all times. Sam Provisions: 6.31 CONTRACTOR must provide on -site office, and necessary toilet facilities, secluded from public observation, for use of all personnel on the Work Site, whether or not in his employ. They must be kept in a clean and sanitary condition and must comply with the requirements and regulations of the Public Authorities having jurisdiction. They may not commit a public nuisance. Temporary field office and sanitary facilities must be removed upon completion of the Work and the premises must be left clean. Indemnification: 6.32 Contractor must comply with the indemnification requirements set forth in the RFP and in EXHIBIT 2 of the Supplementary Conditions (Insurance and indemnification requirements). 6.33 In the event that any action or proceeding is brought against OWNER or CONSULTANT by reason of any such claim or demand, CONTRACTOR, upon written notice from the City Manager, must defend such action or proceeding by counsel satisfactory to the City Manager. The indemnification provided above obligates CONTRACTOR to defend at its own expense or to provide for such defense, at OWNER'S option, any and all claims of liability and all suits and actions of every name and description that may be brought against OWNER or CONSULTANT, excluding only those claims that allege that the injuries arose out of the sole negligence of OWNER or CONSULTANT. 6.34 The obligations of CONTRACTOR under paragraph 6.33 will not extend to the liability of CONSULTANT, its agents or employees arising out of (a) the preparation or approval of maps, drawings, opinions, reports, surveys, Change Orders, designs or specifications or (b) the giving of or the failure to give directions or instructions by CONSULTANT, its agents or employees provided such act or omission is the primary cause of injury or damage. 6.34A All of the forgoing indemnification provisions will survive the term of the Contract to which these General Conditions are a part Indemnification may not exceed an amount equal to the total value of all insurance coverage required by Section 5.1 of this document Indemnification is limited to damages caused in whole or in part by any act, omission, or default of CONTRACTOR, CONTRACTOR's subcontractors, sub -subcontractors, materialmen, or agents of any tier or their respective employees to the extent caused by the negligence, recklessness, or intentional wrongful misconduct of the indemnifying party and persons employed or utilized by the indemnifying party in the .performance of the construction contract Responsi ill for Co nection to Existing Work: 6.35 CONTRACTOR must connect its Work to each part of the existing Work, existing building or structure or Work previously installed as required by the Drawings and Specifications to provide a complete installation. 6.36 Excavations, grading, fill, storm drainage, paving and any other construction or installations in rights -of - ways of streets, highways, public carrier lines, utility lines, either aerial, surface or subsurface, etc., must be done in accordance with requirements of the special conditions. OWNER will be responsible for obtaining all permits necessary for the Work described in this paragraph 6.36. Upon completion of the Work, CONTRACTOR must present to CONSULTANT certificates, in triplicate, from the proper authorities, stating that the Work has been done in accordance with their requirements. 6.36.1 OWNER will cooperate with CONTRACTOR in obtaining action from any utilities or public authorities involved in the above requirements. 6.36.2 CONSULTANT is responsible for obtaining elevations of curbs and gutters, pavement, storm drainage structures, and other items which must be established by governmental departments as soon as grading operations are begun on the site and, in any case, sufficiently early in the construction period to prevent any adverse effect on the Project. Cooperation with Governmental Qgpartments, Public Utilities, Etc.: 6.37 CONTRACTOR is responsible for making all necessary arrangements with governmental departments, public utilities, public carriers, service companies and corporations (hereinafter referred to as "third parties') owning or controlling roadways, railways, water, sewer, gas, electrical conduits, telephone, and telegraph facilities such as pavements, tracks, piping, wires, cables, conduits, poles, guys, etc., including incidental structures connected therewith, that are encountered in the Work in order that such items are properly shored, supported and protected, that their location is identified and to obtain authority from these third parties for relocation if CONTRACTOR desires to relocate the item. CONTRACTOR must give all proper notices, must comply with all requirements of such third parties in the performance of his Work, must permit entrance of such third parties on the Project in order that they may perform their necessary work, and must pay all charges and fees made by such third parties for their work. 6.37.1 CONTRACTOR'S attention is called to the fact that there may be delays on the Project due to work to be done by governmental departments, public utilities, and others in repairing or moving poles, conduits, etc. CONTRACTOR must cooperate with the above parties in every way possible, so that the construction can be completed in the least possible time. 6.37.2 CONTRACTOR must be familiar with all codes, laws, ordinances, and regulations which in any manner affect those engaged or employed in the Work, or materials and equipment use in or upon the Work, or in any way affect the conduct of the Work, and no plea of misunderstanding will be considered on account of damage or delay caused by his ignorance thereof. Use Premises: 6.38 CONTRACTOR must confine its apparatus, storage of materials, and operations of its workmen to the limits indicated by law, ordinances, permits and directions of CONSULTANT and City Manager, and may not unnecessarily encumber any part of the site or any areas off site. 6.38.1 CONTRACTOR nay not overload or permit any part of any structure to be loaded with such weight as will endanger its safety, nor may it subject any work to stresses or pressures that will endanger it. 6.38.2 CONTRACTOR must enforce the rules and regulation promulgated by CONSULTANT and OWNER as well as their instructions with regard to signs, advertisements, fires and smoking. 6.38.3 CONTRACTOR must arrange and cooperate with the City Manager in routing and parking of automobiles of its employees, subcontractors and other personnel, as well as that of the material delivery trucks and other vehicles that come to the Project site. 6.38.4 The City Manager will designate specific areas on the site for storage, parking, etc. and the job site must be fenced to protect the job site and the general public. 6.38.5 CONTRACTOR must furnish, install and maintain adequate construction office facilities for all workers employed by it or by its Subcontractors. Temporary offices must be provided and located where directed and approved by CONSULTANT. All such facilities must be furnished in strict accordance with existing governing regulations. Field offices must include telephone facilities. Protection of Existing Property Improvements: 6.38 Any existing surface or subsurface improvements, such as pavements, curbs, sidewalks, pipes or utilities, footings, or structures (including portions thereof), trees and shrubbery, not indicated on the Drawings or noted in the Specifications as being removed or altered must be protected from damage during construction of the Project Any such improvements damaged during construction of the Project must be restored at the expense of CONTRACTOR to a condition equal to that existing at the time of award of Contract. 7.1 OWNER may perform additional Work related to the Project or may let other direct contracts therefor which must contain General Conditions similar to these. CONTRACTOR must afford the other contractors who are parties to such direct contracts (or OWNER, if it is performing the additional Work itself), reasonable opportunity for the introduction and storage of materials and equipment and the execution of Work, and must properly connect and coordinate its Work with theirs. 7.2 If any part of CONTRACTOR'S Work depends upon proper execution or results of the Work of any other contractor or OWNER, CONTRACTOR must promptly report to CONSULTANT in writing any defects or deficiencies in such Work that render it unsuitable for CONTRACTOR's Work. 7.3 CONTRACTOR must do all cutting, fitting and patching of the Work that may be required to make its several parts come together properly and fit to receive or be received by such other Work. CONTRACTOR may not endanger any Work of others by cutting, excavating or otherwise altering their Work and may only cut or alter their Work with the written consent of CONSULTANT and of the other contractor whose work will be affected. 7.4 If the performance of additional Work by other contractors or OWNER is not noted in the Contract Documents prior to the execution of the Contract, written notice thereof will be given to CONTRACTOR prior to starting any such additional Work. If CONTRACTOR believes that the performance of such additional Work by OWNER or others will cause CONTRACTOR additional expense or entitles him to an extension of the Contract Time, he may make a claim therefore as provided in Articles I I and 12. 7.5 Where practicable, CONTRACTOR must build around the work of other separate contractors or must leave chases, slots and holes as required to receive and to conceal within the general construction Work the work of such other separate contractors as directed by them. Where such chases, slots, etc., are impracticable, the Work will require specific approval of CONSULTANT. 7.6 Necessary chases, slots, and holes not built or left by CONTRACTOR must be cut by the separate contractor requiring such alterations after approval of CONTRACTOR. CONTRACTOR must do all patching and finishing of the work of other contractors where it is cut by them and such patching and finishing will be at the expense of CONTRACTOR 7.7 Cooperation is required in the use of site facilities and in the detailed execution of the Work. Each contractor must coordinate their operation with those of the other Contractors for the best interest of the Work in order to prevent delay in the execution thereof. 7.8 Each of several contractors working on the Project Site must keep themselves informed of the progress of the work of other contractors. Should lack of progress or defective workmanship on the part of other contractors interfere with CONTRACTOR's operations, CONTRACTOR must notify CONSULTANT immediately and in writing. Lack of such notice to CONSULTANT will be construed as acceptance by CONTRACTOR of the status of the work of other contractors as being satisfactory for proper coordination of CONTRACTOR's own Work. 7.9 The cost of extra Work resulting from lack of notice, untimely notice, failure to respond to notice, Defective Work or lack of coordination will be CONTRACTOR's cost. 7.10 The City Manager reserves the right in the event CONTRACTOR cannot provide an item(s) or service(s) in a timely manner as requested, to obtain the good and/or services from other sources and deducting the cost from the Contract Price without violating the intent of the Contract ARTICLE 8 — CITY'S RESPONSIBILITIES. 8.1 The City Manager will issue all communications to CONTRACTOR through CONSULTANT. 8.2 In cases of termination of employment of CONSULTANT, the City Manager will appoint a CONSULTANT whose status under the Contract Documents will be that of the former CONSULTANT. 8.3 The City Manager will promptly furnish the data required of them under the Contract Documents. 8.4 OWNER'S duties in respect to providing lands and easements are set forth in Paragraphs 4.1 and 4.2. 8.5 OWNER will have the right to take possession of and use any completed or partially completed portions of the Work, notwithstanding the fact that the time for completing the entire Work or any portion thereof may not have expired; but such taking possession and use will not be deemed an acceptance of any Work not completed in accordance with the Contract Documents. ARTICLE 9 — CONSULTANTS' STATUS DURING CONSTRUCTION. CVs Representative: 9.1 CONSULTANT will be OWNER'S representative during the construction period. The duties and responsibilities and the limitations of authority of CONSULTANT as OWNER'S representative during construction are set forth in Articles I through 16 of these General Conditions and will not be extended without written consent of the City Manager and CONSULTANT. 9. I.1 CONSULTANT's decision, in matters relating to aesthetics, will be final, if within the terms of the Contract Documents. 9.1.2 Except as may be otherwise provided in this contract. all claims, counterclaims, disputes and other matters in question between OWNER and CONSULTANT arising out of or relating to this Contract or the breach thereof, will be decided in a court of competent jurisdiction within the State of Florida. Visits to Site: 9.2 CONSULTANT must provide an inspector to make periodic visits to the site at each phase of construction to observe the progress and quality of the executed Work and to determine if the Work is proceeding in accordance with the Contract Documents. His efforts must be directed toward providing assurance for OWNER and all applicable regulatory agencies that construction is in compliance with the Construction Documents and applicable laws, rules and regulations. On the basis of these on site - observations as an experienced and qualified design professional, he must keep the City Manager informed of the progress of the Work and must guard OWNER against defects and deficiencies in the Work of CONTRACTOR. Cl"cati ns and Interpretations: 9.3 CONSULTANT will issue, with reasonable promptness, such written clarifications or interpretations of the Contract Documents (in the form of Drawings or otherwise) as it may determine necessary, which will be consistent with, or reasonably inferable from, the overall intent of the Contract Documents. if CONTRACTOR seeks an increase in the Contract Price or extension of Contract Time based on a written clarification and/or interpretation, it will be required to submit a timely claim as provided in Articles I I and 12. Measurement of Ouandties: 9.4 All Work completed under the Contract will be measured by CONSULTANT according to the United States Standard Measures. All linear surface measurements will be made horizontally or vertically as required by the item measured. Rejecting_ Defective Work: 9.5 CONSULTANT will have authority to disapprove or reject Work that is "Defective Work" as defined in Article I. It will also have authority to require special inspection or testing of the Work including Work fabricated on or off site, installed or completed as provided. If CONSULTANT requires testing of completed Work, the cost of such inspections and/or testing must be approved in writing by the City Manager. All consequential cost of such inspections and testing, including but not limited to the cost of testing and inspection, the cost of repairing any of the Work, or the work of others, the cost to move furniture and equipment and/or the cost to provide alternative facilities until the repair work can be completed, must paid by CONTRACTOR if the Work is found to be Defective Work. Shop Drawings. Change Orders and Payments: 9.6 In connection with CONSULTANT responsibility as to Shop Drawings and samples, see paragraphs 6.25 through 6.28, inclusive. 9.7 In connection with CONSULTANT's responsibility for Change Orders see Articles 10, 11, and 12. 9.8 In connection with CONSULTANT responsibilities with respect to the Application for Payment, etc., see Article 14. Decisions on Disagreements: 9.10 CONSULTANT will be the initial interpreter of the Construction Documents. Limitations on Consultant's Responsibilities: 9.11 CONSULTANT will not be responsible for the construction means, methods, techniques, sequences or procedures, or the safety precautions and programs incident thereto. 9.12 CONSULTANT will not be responsible for the acts or omissions of CONTRACTOR, or any Subcontractors, or any of their agent, servants or employees, or any other person performing any of the Work under or through them. ARTICLE 10 -CHANGES IN THE WORK, 10.1 Without invalidating the Contract, the City Manager may, at any time or from time to time, order additions, deletions or revisions in or to the Work which will only be authorized by a written Change Orders. Upon receipt of a Change Order, CONTRACTOR must proceed with the Work involved. All such Work must be performed under the applicable conditions of the Contract Documents. If any authorized written Change Order causes an increase or decrease in the Contract Price or an extension or shortening of the Contract Time, an equitable adjustment will be made as provided in Article I i or Article 12. A written Change Order signed by the City Manager and CONTRACTOR indicates their agreement to the terms of the Change Order. All Change Orders must be certified by CONSULTANT as to the appropriateness and value of the change in the Work as well as to any change in the time to complete the Work under the circumstances. The failure to include a time extension in the Change Order or in the request for a change order will result in a waiver of any extension of time due to the change in the work as reflected in the Change Order. 10.2 CONSULTANT may authorize minor changes or alterations in the Work not involving extra cost and not inconsistent with the overall intent of the Contract Documents without the need for a formal written Change Order provided CONTRACTOR does not request additional time or additional compensation. These may be accomplished by a written Field Order. If CONTRACTOR believes that any change or alteration authorized by CONSULTANTs Field Order would entities CONTRACTOR to an increase in the Contract Price or extension of Contract Time, it must submit a written notice of intent to demand a Change Order within twenty-four (24) hours of the issuance of the Field Order and submit a written proposal for Change Order within four (4) days thereafter, otherwise CONTRACTOR will be deemed to have waived such claim. 10.3 Additional Work performed by CONTRACTOR without authorization of a written Change Order will not entitle it to an increase in the Contract Price or an extension of the Contract Time, except in the case of an emergency as provided in paragraph 6.21 and except as provided in paragraph 10.2. 10.4 The City Manager will execute appropriate Change Orders prepared by CONSULTANT covering changes in the Work, to be performed as provided in paragraph 4.4, and Work performed in an emergency as provided in paragraph 6.21 and any other claim of CONTRACTOR for a change in the Contract Time or the Contract Price which is approved by CONSULTANT. 10.5 It is CONTRACTOR'S responsibility to notify its Surety of any changes affecting the general Scope of the Work or change in the Contract Price or Contract Time and the amount of the applicable bonds will be adjusted accordingly. CONTRACTOR must furnish proof of such an adjustment to the City Manager before commencement of the Change Order Work. The Work will be stopped until CONTRACTOR provides such proof of adjustment in the Bond amount and any such delay will be charged to CONTRACTOR. ARTICLE 1 I — CHANGE OF CONTRACT PRICE. 11.1 The Contract Price constitutes the total compensation payable to CONTRACTOR for Performing the Work. All duties, responsibilities and obligations assigned to or undertaken by CONTRACTOR will be at its expense without changing the Contract Price. 11.2 The City Manager may, at any time, without written notice to the sureties, by written order designated or indicated to be a Change Order, make any change in the Work within the general scope of the Contract, including but not limited to changes to or in: 1 1.2.1 Specifications (including drawings and designs); 1 1.2.2 Method or manner of performance of the Work. 11.2.3 OWNER -furnished facilities, equipment, materials, services, or site; or 11.2.4 Acceleration in the performance of the Work. 11.3 Except as provided in this section, or sections referred to in this section, no order, statement, or conduct of the City Manager will be treated as a Change Order or entitle CONTRACTOR to an equitable adjustment unless and until the change in the Work is specifically and expressly provided for in a written Change Order, or as otherwise provided in another section of the Contract Documents. 11.4 When a Change Order is issued by CONSULTANT and signed by the City Manager or issued by the City Manager in writing, CONTRACTOR must perform the Work even if CONTRACTOR does not agree with the dollar amount of the Change Order. If any Change Order causes an increase or decrease in CONTRACTOR'S cost of, or the time required for, the performance of any part of the Work under this Contract, for which the City Manager and CONTRACTOR cannot reach a timely agreement, an equitable adjustment based on the cost of the Work will be made and the Contract modified accordingly. 11.5 If CONTRACTOR intends to assert a claim for an equitable adjustment or contest the equitable adjustment made by CONSULTANT, it must, within ten (10) calendar days after receipt of a written Change Order, submit to the City Manager and CONSULTANT a written notice including a statement setting forth the general nature and monetary extent of such claim for equitable adjustment, time extension requested and supporting data. In determining the cost of the Change Order, the costs will be limited to those listed in section 11.7 and 11.8. 11.6 No claim by CONTRACTOR for an equitable adjustment hereunder will be allowed if not submitted in accordance with this section or if asserted after final payment under this Contract. 11.7 The value of any Work covered by a Change Order or of any claim for an increase or decrease in the Contract Price will be determined in one of the following ways: 11.7.1 By negotiated lump sum. 11.7.2 On the basis of the reasonable cost and savings that results from the change in the Work plus a mutually agreed upon fee to CONTRACTOR to cover overhead and profit not to exceed 15%. If CONTRACTOR disagrees with CONSULTANT's determination of reasonable costs, the CONTRACT must provide a list of all costs together with backup documentation 11.8 The term cost of the Work means the sum of all direct extra costs necessarily incurred and paid by CONTRACTOR in the proper performance of the Change Order. Except as otherwise may be agreed to in writing by City Manager, such costs must be in amounts no higher than those prevailing in Miami - Dade County and may only include the following items: 11.8.1 Payroll costs for employees in the direct employ of CONTRACTOR in the performance of the Work described in the Change Order under schedules of job classifications agreed upon by City Manager and CONTRACTOR. Payroll costs for employees not employed full time on the Work must be apportioned on the basis of their time spent on the Work. Payroll costs must be limited to: salaries and wages, plus the costs of fringe benefits which may include social security contributions, unemployment, excise and payroll taxes, workers' compensation, health and retirement benefits, sick leave, vacation and holiday pay applicable thereto. Such employees may include superintendents and foremen at the site. The expenses of performing Work after regular working hours, on Sunday or legal holidays will be included in the above only if authorized by OWNER and provided it was not in any way, whether in whole or in part the result of the fault of CONTRACTOR due to negligence of CONTRACTOR or those acting by or through him or due in whole or in part to Defective Work of CONTRACTOR. 1 1.8.2 Cost of all materials and equipment furnished and incorporated in the Work, including costs of transportation and storage, and manufacturers' field services required in connection therewith. CONTRACTOR must notify the City Manager of all cash discounts that are available and offer OWNER the opportunity to deposit funds with CONTRACTOR for the payment for. items that offer a discount. Cash discounts will accrue to CONTRACTOR unless CONTRACTOR fails to timely notify the City Manager of the discounts or if OWNER deposits funds with CONTRACTOR with which to make payments in which cases the cash discounts will accrue to OWNER. All trade discounts, rebates and refunds, and all returns from sale of surplus materials and equipment will accrue to OWNER, and CONTRACTOR must make provisions so that they may be obtained. 11.8.3 Payments made by CONTRACTOR to the Subcontractors for Work performed by Subcontractors. If required by City Manager, CONTRACTOR must obtain competitive bids from Subcontractors acceptable to him and must deliver such bids to City Manager who will then determine, with the advice of CONSULTANT, which Bids will be accepted. No subcontract may be a cost-plus contract unless approved in writing by the City Manager. If a Subcontract provides that the Subcontractor is to be paid on the basis of Cost of Work plus a fee, the cost of the Work will be determined in accordance this section 11.8 and in such case the word "Subcontractor" will be substituted for the word "CONTRACTOR". 1 1.8.4 Rentals of all construction equipment and machinery, except hand tools, and the parts thereof whether rented from CONTRACTOR or others in accordance with rental agreements approved by City Manager with the advice of CONSULTANT, and the costs of transportation, loading, unloading, installation, dismantling and removal thereof - all in accordance with terms of said rental agreements. The rental of any such equipment, machinery or parts must cease when the use thereof is no longer necessary for the Work. 11.8.5 Sales, use or similar taxes related to the Work, and for which CONTRACTOR is liable, imposed by any governmental authority. 11.8.6 Payments and fees for permits and licenses. Costs for permits and licenses must be shown as a separate item. 11.8.7 The cost of utilities, fuel and sanitary facilities at the site. 1 1.8.8 Minor expenses such as telegrams, long distance telephone calls, telephone service at the site, expressage and similar petty cash items in connection with the Work. 11.8.9 Cost of premiums for additional Bonds and insurance required solely because of changes in the Work, not to exceed two percent (2%) of the increase in the Cost of the Work. 11.9 The term "Cost of the Work" does NOT include any of the following 11.9.1 Payroll costs and other compensation of CONTRACTOR'S officers, executives, principals (of partnership and sole proprietorships), general managers, engineers, architects, estimators, lawyers, agents, expediters, timekeepers, clerks and other personnel employed by CONTRACTOR whether at the site or in its principal or a branch office for general administration of the Work and not specifically included in the schedule referred to in Subparagraph 11.S. 11.9.2 Expenses of CONTRACTOR'S principal and branch offices other than its office at the site. 11.9.3 Any part of CONTRACTOR'S capital expenses, including interest on CONTRACTOR'S capital employed for the Work and charges against CONTRACTOR for delinquent payments. 1 1.9.4 Cost of premiums for all bonds and for all insurance policies whether or not CONTRACTOR is required by the Contract Documents to purchase and maintain the same (except as otherwise provided in Subparagraph 11.8.9). 11.9.5 Costs due to the negligence of CONTRACTOR, any Subcontractor, or anyone directly or indirectly employed by any of them or for whose acts any of them may be liable, including but not limited to, the correction of defective work, disposal of materials or equipment wrongly supplied and making good any damage to property. 1 1.9.6 Other overhead or general expense costs of any kind and the costs of any item not specifically and expressly included in Paragraph 11.8. 11.10 CONTRACTOR'S fee which will be allowed to CONTRACTOR for its overhead and profit will be determined as follows: 11.10.1 A mutually acceptable firm fixed price; or if none can be agreed upon. 1 1.10.2 A mutually acceptable fixed percentage (not to exceed 15%). 11.11 The amount of credit to be allowed by CONTRACTOR to OWNER for any such change which results in a net decrease in cost will be the amount of the actual net decrease in costs calculated in the same manner as provided in 11.8. When both additions and credits are involved in any one change, the net will be computed to include overhead and profit, identified separately, for both additions and credit,, provided however, CONTRACTOR will not be entitled to claim lost profits for any Work not performed. ARTICLE 12 - TIME FOR COMPLETION, LIQUIDATED DAMAGES AND CHANGE OF THE CONTRACT TIME. 12.1 Time is of the essence to this contract and the date of beginning and the time for completion of the Work are essential conditions of the Contract. Therefore, the Work must be commenced on the date specified in the Notice to Proceed and completed within the time specified for completion of the work 12.2 CONTRACTOR must proceed with the Work at such rate of progress to ensure full completion within the Contract Time. It is expressly understood and agreed, by and between CONTRACTOR and City Manager, that the Contract Time for the completion of the Work described herein is a reasonable time, taking into consideration the average climatic and economic conditions and other factors prevailing in the locality of the Work. No extension of time will be granted due conditions that CONTRACTOR knew of or should have known of before bidding on the project or due to inclement weather, except as provided in section 12.7. 12.3 If CONTRACTOR fails to complete the Work within the Contract Time, or extension of time granted by the City Manager, then CONTRACTOR must pay to OWNER the amount of liquidated damages as specified in the Contract Documents for each calendar day after the scheduled date for completion as adjusted by written Change Orders that extended the completion date. 12.3.1 These amounts are not penalties but are liquidated damages incurred by OWNER for its inability to obtain full use of the Project. Liquidated damages are hereby fixed and agreed upon between the parties, recognizing the impossibility of precisely ascertaining the amount of damages that will be sustained as a consequence of such delay, and both parties desiring to obviate any question or dispute concerning the amount of said damages and the cost and effect of the failure of CONTRACTOR to complete the Contract on time. The above -stated liquidated damages will apply separately to each phase of the Project for which a time for completion is given. 12.3.2 City Manager is authorized to deduct the liquidated damages from monies due to CONTRACTOR for the Work under this Contract 12.4 The Contract Time may only be changed by a written Change Order. Any claim for an extension in the CONTRACT TIME will be based on written notice delivered to the City Manager and CONSULTANT within five (S) business days of the occurrence of the event giving rise to the claim and stating the general nature of the claim induding supporting data. All claims for adjustment in the Contract Time will be evaluated and recommended by CONSULTANT, with final approval by the City Manager. Any change in the Contract Time resulting from any such claim must be incorporated in a written Change Order. 12.5 All time limits stated in the Contract Documents are of the essence of the Contract 12.6 No damage claim for delay is allowed and CONTRACTOR's sole remedy for delay caused by OWNER will be an extension of time for the period of delay. 12.7 Extensions to the Contract Time for delays caused by the effects of inclement weather will not be granted unless the weather was unusual for South Florida and could not have been anticipated, the abnormal weather is documented by records from the national weather service and the abnormal weather is documented to have had a substantial affected on the construction schedule. 12.8 No Damages for Delay: CONTRACTOR agrees that he will not have any claim for damages due to delay unless the delay exceeds 6 months, whether individually or cumulatively, and then the damages will be limited to increased cost of materials that were unanticipated and that would not have been incurred but for the delay. Other than as set forth above, the only remedy for any delay will be limited to an extension of time as provided for in Section 12.4 which will be the sole and exclusive remedy for such resulting delay. Other than as set forth above, CONTRACTOR will not be entitled to an increase in the Contract Price or payment or compensation of any kind from OWNER for direct, indirect, consequential, impact or other costs, expenses or damages, including but not limited to, costs of acceleration or inefficiency, overhead or lost profits, arising because of delay, disruption, interference or hindrance from any cause whatsoever, whether such delay, disruption, interference or hindrance be reasonable or unreasonable, foreseeable or unforeseeable, or avoidable or unavoidable. 12.9 CONTRACTOR waives all claims that are not presented to City Manager in writing on or before the 21 st day following the date of the event upon which the claim is based. 12.10 Dispute Resolution: If any dispute concerning a question of fact arises under the Contract, other than termination for default or convenience, CONTRACTOR and the city department responsible for the administration of the Contract will make a good faith effort to resolve the dispute. If the dispute cannot be resolved by agreement, then the department with the advice of the City Attorney and CONSULTANT will rule on the disputed issue and send a written copy of its decision to CONTRACTOR. CONTRACTOR must comply with such decision and may not delay the project. ARTICLE 13 — GUARANTEE. 13.1 CONTRACTOR guarantees and unconditionally warrants through either the manufacturer or CONTRACTOR directly, all materials and equipment furnished and Work performed for patent Defective Work for a period of one (1) year from the date of Final Acceptance as indicated in CONSULTANT Letter of Recommendation of Acceptance, if issued, the Certificate of Occupancy, if issued, or the Certificate of Completion, if issued by City Manager, whichever is applicable and if more than one is applicable, the one that is issued last, for patent Defective Work,. CONTRACTOR guarantees and unconditionally warrants through either the manufacturer or CONTRACTOR directly, all materials and equipment furnished and Work performed for three (3) years from the date of Final Acceptance as indicated in CONSULTANT Letter of Recommendation of Acceptance, if issued, the Certificate of Occupancy, if issued, or the Certificate of Completion, if issued by City Manager, whichever is applicable and if more than one is applicable, the one that is issued last, for latent Defective Work. The City Manager will give notice of observed defects with reasonable promptness. In the event that CONTRACTOR should fail to commence to correct such Defective Work within ten (10) calendar days after having received written notice of the defect, or should CONTRACTOR commence the corrective work, but fail to prosecute the corrective work continuously and diligently and in accordance with the Contract Documents, applicable law, rules and regulations, the City Manager may declare an event of default, terminate the Contract in whole or in part and cause the Defective Work to be removed or corrected and to complete the Work at CONTRACTOR's expense, and the City Manager will charge CONTRACTOR the cost thereby incurred. The Performance Bond will remain in full force and effect through the guarantee period. 13.2 The specific warranty periods listed in the Contract Documents, if different from the period of time listed in Section 13.1, will take precedence over Section 13.1. 13.3 CONTRACTOR must act as agent, on a limited basis for OWNER, at the City Manager's option, solely for the follow-up concerning warranty compliance for all items under manufacturer's Warranty/Guarantee and for the purpose of completing all forms for Warranty/Guarantee coverage under this Contract. 13.4 In case of default by CONTRACTOR, the City of South Miami may procure the articles or services from other sources and hold CONTRACTOR responsible for any excess costs occasioned or incurred thereby. 13.5 The City Manager may withhold acceptance of, or reject items which are found upon examination, not to meet the specification requirements. Upon written notification of rejection, items must be removed within five (5) business days by CONTRACTOR at his own expense and redelivered at his expense. Rejected goods left longer than thirty (30) calendar days will be regarded as abandoned and City Manager will have the right to dispose of them as its own property and CONTRACTOR thereby waives any claim to the good or to compensation of any kind. Rejection for Non -Conforming Work or failure to meet delivery schedules may result in the Contract being found in default. ARTICLE 14 - PAYMENTS AND COMPLETION. Payments to Contractor �14.1 CONTRACTOR will not be entitled to any money for any work performed before the issuance of a Notice to Proceed on the form described in the Contract Documents and the issuance by City Manager of a "purchase order", or any other document, does not and will not authorize the commencement of the Work. At least ten (10) calendar days before each progress payment falls due (but not more often than once a month), CONTRACTOR must submit to CONSULTANT a partial payment estimate filled out and signed by CONTRACTOR covering the Work performed during the period covered by the partial payment estimate and supported by such data as CONSULTANT may reasonably require. All progress payment applications after the first progress payment must be accompanied by partial releases of lien executed by all persons, firms and corporations who have furnished labor, services or materials incorporated into the work during the period of time for which the previous progress payment was made, releasing such claims and lien rights, if any, of those persons. If payment is requested on the basis of materials and equipment not incorporated in the Work but delivered and suitably stored at or near site, the partial payment estimate must also be accompanied by such supporting data, satisfactory to the City Manager, which establishes OWNER's title to the material and equipment as well as certificates of insurance providing coverage for 100% of the value of said material and equipment covering the material and equipment from all casualties as well as theft, vandalism, fire and flood. CONTRACTOR must replace at its expense any stored materials paid for which are either damaged or stolen before installation. CONSULTANT will within ten (10) calendar days after receipt of each partial payment estimate, either certifying in writing its approval of payment and present the partial payment estimate to the City Manager, or return the partial payment estimate to CONTRACTOR, indicating in writing his reasons for refusing to approve payment. In the latter case, CONTRACTOR may make the necessary corrections and resubmit the partial payment estimate. OWNER, will within thirty (30) calendar days of presentation to it of any approved partial payment estimate, pay CONTRACTOR a progress payment on the basis of the approved partial payment estimate. City Manager may retain ten (10%) percent of the amount of each payment until Final Completion and Acceptance of all Work covered by the Contract Documents. Any interest earned on the retainage will accrue to the benefit of OWNER. 14.2 CONTRACTOR, before it receives final payment, must deliver to the City Manager a Contractor's Final Payment Affidavit as set forth in the Florida Construction Lien Statute as well as final releases of lien executed by all persons who have performed or furnished labor, services or materials, directly or indirectly, which was incorporated into the Work. If any person refuses to provide such a release or provides a conditional release, the City Manager will have the right to issue a joint check made payable to CONTRACTOR and such person. 14.3 Punch list City Manager and CONTRACTOR will develop a single list of items required to render complete, satisfactory, and acceptable the construction services purchased by the local governmental entity. Within 30 calendar days after reaching substantial completion of the Project, City Manager will prepare a punch list of items that need to be completed and, within 5 days after the list of items has been developed and reviewed, the City Manager will deliver the punch list to CONTRACTOR. If the Project relates to more than one building or structure, or involves a multiphase project, the City Manager will prepare a separate punch list for each building and structure and if it is a multiphase project, for each phase, within 30 days of substantial completion of such building, structure and phase. [See Sec. 255.07, Fla. Stat.] The final contract completion date may not be less than 30 days after the delivery of the list of items. If the list is not timely delivered to CONTRACTOR, the contract time for completion must be extended by the number of days OWNER exceeded the required delivery date. Contractor's Warranty of Title 14.3 CONTRACTOR warrants and guarantees that title to all Work, materials and equipment covered by an Application for Payment whether the Work, material or equipment is incorporated in the Project or not, will have passed to OWNER prior to the making of the Application for Payment, free and clear of all liens, claims, security interest and encumbrances (hereafter in these General Conditions referred to as 'Liens"); and that no Work, materials or equipment, covered by an Application for Payment, will have been acquired by CONTRACTOR or by any other person performing the Work at the site or furnishing materials and equipment for the Project, under or pursuant to an agreement under which an interest therein or encumbrance thereon is retained by the seller or otherwise imposed by CONTRACTOR or such other person. Approval of Payment 14.4 CONSULTANT's approval of any payment requested in an Application for Payment will constitute a representation by him to OWNER, based on CONSULTANT's on site observations of the Work in progress as an experienced professional and on his review of the Application for Payment and supporting data, that the Work has progressed to the point indicated in the Application for Payment that, to the best his knowledge, information and belief, the quality of the Work is in accordance with the Contract Documents (subject to an evaluation of the Work as a functioning Project upon substantial completion as defined in Article I, to the results of any subsequent tests called for in the Contract Documents and any qualifications stated in his approval); and that CONTRACTOR is entitled to payment of the amount approved. However, the approval of such payment does not mean and may not imply that CONSULTANT made exhaustive or continuous on -site observations to check the quality or the quantity of the Work, or that he has reviewed the means, methods, techniques, sequences and procedures of construction or that he has made any examination to ascertain how or for what purpose CONTRACTOR has used the moneys paid or to be paid to him, or that title to any Work, materials, or equipment has passed to OWNER free and clear of any liens. 14.5 CONTRACTOR will not be entitled to be paid unless: (a) the labor and materials listed on a payment application have been used in the construction of this Work or, as to materials included in the request for payment that have not yet been Incorporated into the construction, such materials are on the site or stored at an approved location, and (b) payment received from the last payment application has been used to fully pay for all the laborers, subcontractors and materials reflected in that request, other than amounts that are in dispute and that are listed in the payment application with reasonable clarity as to the reason for withholding payment with the name, addresses and telephone number of the person whose request is being withheld. The payment application must contain the forgoing statement and the statement must be certified by CONTRACTOR as being true. In the event that CONTRACTOR withholds payment from a Subcontractor or Supplier, the same amount of money will be withheld from CONTRACTOR's payment until the issue is resolved by written agreement between them and then a joint check will be made payable to the person in question and CONTRACTOR in accordance with the settlement agreement, otherwise the money will be held by OWNER until a judgment is entered in favor of CONTRACTOR or the person, in which case the money will be paid according with said judgment. Nothing contained herein will indicate an intent to benefit any third persons who are not signatories to the Contract 14.6 CONSULTANT may refuse to approve the whole or any part of any payment if, in its opinion, it is unable to make such representations to OWNER as required this Section 14. It may also refuse to approve any payment, or it may void any prior payment application certification because of subsequently discovered evidence or the results of subsequent inspection or tests to such extent as may be necessary in its opinion to protect OWNER from loss because: 14.6.1 of Defective Work, or completed Work has been damaged requiring correction or replacement, 14.6.2 the Work for which payment is requested cannot be verified, 14.6.3 claims of Liens have been filed or received, or there is reasonable evidence indicating the probable filing or receipt thereof, 14.6.4 the Contract Price has been reduced because of modifications, 14.6.5 OWNER has correct Defective Work or completed the Work in accordance with Article 13. 14.6.6 of unsatisfactory prosecution of the Work, including failure to clean up as required by paragraphs 6.29 and 6.30, 14.6.7 of persistent failure to cooperate with other contractors on the Project and persistent failure to carry out the Work in accordance with the Contract Documents, 14.6.8 of liquidated damages payable by CONTRACTOR, or 14.6.9 of any other violation of, or failure to comply with provisions of the Contract Documents. 14.7 Prior to Final Acceptance, City Manager, with the approval of CONSULTANT, may use any completed or substantially completed portions of the Work provided such use does not interfere with CONTRACTOR's completion of the Work. Such use will not constitute an acceptance of such portions of the Work. 14.8 The City Manager has the right to enter the premises where the Work is being performed for the purpose of doing Work not covered by the Contract Documents. This provision may not be construed as relieving CONTRACTOR of the sole responsibility for the care and protection of the Work, or the restoration of any damaged Work except such as may be caused by agents or employees of OWNER. 14.9 Upon completion and acceptance of the Work CONSULTANT will issue a Certificate attached to the Final Application for Payment that the Work has been accepted by it under the conditions of the Contract Documents. The entire balance found to be due CONTRACTOR, including the retained percentages, but except such sums as may be lawfully retained by OWNER, will be paid to CONTRACTOR within thirty (30) calendar days of completion and acceptance of the Work. 14.10 Upon The awarded CONTRACTOR will be strongly encouraged to register as an ePayables Vendor with OWNER. The Bank of America ePayables Solution is an automated card payment process that shifts accounts payable disbursements to corporate purchasing cards. ePayables, streamline the process of making payments to your organization going forward, City Manager will provide CONTRACTOR with a credit card account number to keep on file. This card has unique security features, with $0 of available funds until an invoice is approved for payment After an invoice has received proper and complete approval, an electronic remittance advice will be sent via e-mail, or fax, which notifies CONTRACTOR that the funds have been transferred in to the account linked to the card for the amount listed on the invoice and/or remittance email. Please refer to the ePayables Questions & Answers Form contained in this RFP or contact OWNER's Finance department at (305) 663-6343 with any questions. Acceptance of Final Payment as Release 14.11 The Acceptance by CONTRACTOR of Final Payment will be and will operate as a release to OWNER and a waiver of all claims and all liability to CONTRACTOR other than claims previously filed and unresolved. The waiver includes all things done or furnished in connection with the Work and for every act and neglect of OWNER and others relating to or arising out of this Work Any payment, however, final or otherwise, Wil not release CONTRACTOR or its sureties from any obligations under the Contract Documents or the Performance Bond and Payment Bonds. 14.12 CONSULTANT may void any certification of Substantial Completion or Final Completion of the Work as may be necessary in his opinion to protect OWNER from loss if he determines, because of subsequently discovered evidence or the results of subsequent inspection or tests, that 14.12.1 the Work is defective, or that the completed Work has been damaged due to the fault of CONTRACTOR or any individual or entity operating under or through it requiring correction or replacement to the extent that the project is no longer Substantially Completed, or in the case of Final Completion certification, is no longer Finally Competed. 14.12.2 the Work necessary to be completed for the purpose of certifying the work as being Substantially Completed or Finally Completed cannot be verified, 14.12.3 claims or Liens have been filed or received, or there is reasonable evidence indicating the probable filing or receipt thereof that, if valid and paid, would reduce the amount owing to CONTRACTOR BY 20% in the case of Substantial Completion and 5% in the case of Final Completion. 14.12.4 there is Defective Work the value of which, if deducted from the contract price would reduce the amount owing to CONTRACTOR BY 20% in the case of Substantial Completion and 5% in the case of Final Completion. 14.13 If CONSULTANT de -certifies any portion of the Work that was certified ("Initial Certification') by CONSULTANT, CONTRACTOR must repay to OWNER any money paid as a result of said Initial Certification being issued which will be paid only when the decertified work is re -certified. ARTICLE 15 — SUSPENSION OF WORK AND TERMINATION. 15.1 The City Manager may, at any time and without cause, suspend the Work or any portion thereof for a period of not more than ninety (90) calendar days by notice in writing to CONTRACTOR and CONSULTANT, which will fix the date on which Work will be resumed. Except for the City Manager's exercising his right to suspend or terminate the contract pursuant to Article 6, Section 6.21 due to a state of emergency, CONTRACTOR will be allowed an increase in the Contract Price or an extension of the Contract Time, or both, directly attributable to any suspension and if a claim is timely made and if it is allowed under the terms of Articles I I or Article 12. City May Terminate 15.2 If CONTRACTOR is adjudged bankrupt or insolvent, or if he makes a general assignment for the benefit of its creditors, or if a trustee or receiver is appointed for CONTRACTOR or for any its property, or if he files a petition to take advantage of any debtor's act, or to reorganize under bankruptcy or similar laws, or if he repeatedly fails to supply sufficient skilled workmen or suitable materials or equipment, or if he repeatedly fails to make prompt payments to Subcontractors or for labor, materials or equipment or he disregards laws, ordinances, rules, regulations or orders of any public body having jurisdiction, or if he disregards the authority of CONSULTANT, or if he otherwise violates any provision of, the Contract Documents, then the City Manager may, without prejudice to any other right or remedy and after giving CONTRACTOR and the Surety seven (7) calendar days written notice, terminate the services of CONTRACTOR and take possession of the Project and of all materials, equipment, tools, construction equipment and machinery thereon owned by CONTRACTOR, and finish the Work by whatever method it may deem expedient. In such case CONTRACTOR will not be entitled to receive any further payment until the Work is finished. If the unpaid balance of the Contract Price exceeds the direct and indirect costs of completing the Project, including compensation for additional professional services, such excess will be paid to CONTRACTOR. If such costs exceed such unpaid balance, CONTRACTOR or the Surety on the Performance Bond must pay the difference to OWNER. Such costs incurred by OWNER will be determined by CONSULTANT and incorporated in a Change Order. If after termination of CONTRACTOR under this Section, it is determined by a court of competent jurisdiction for any reason that CONTRACTOR was not in default, the rights and obligations of OWNER and CONTRACTOR will be the same as if the termination had been issued pursuant to Section 15.5 15.3 Where CONTRACTOR'S services have been so terminated by the City Manager said termination will not affect any rights of OWNER against CONTRACTOR then existing or which may thereafter accrue. Any retention or payment of moneys by OWNER due CONTRACTOR will not release CONTRACTOR from liability. 15.4 Upon seven (7) calendar days' written notice to CONTRACTOR and CONSULTANT, the City Manager may, without cause and without prejudice to any other right or remedy, elect to terminate the Contract for the convenience of OWNER. In such case, CONTRACTOR will be paid for all Work executed and accepted by the City Manager as of the date of the termination, minus any deduction for damage or Defective Work. No payment will be made for profit for Work which has not been performed. I SAA OWNER reserves the right in the event CONTRACTOR cannot provide an item(s) or service(s) in a timely manner as requested, to obtain the good and/or services from other sources and deducting the cost from the Contract Price without violating the intent of the Contract Removal of Equipment 15.5 In the case of termination of this Contract before completion for any cause whatever, CONTRACTOR, if notified to do so by the City Manager, must promptly remove any part or all of its equipment and supplies from the property of OWNER. Should CONTRACTOR not remove such equipment and supplies, the City Manager will have the right to remove them at the expense of CONTRACTOR and CONTRACTOR agrees that OWNER will not be liable for loss or damage to such equipment or supplies. Equipment and supplies will not be construed to include such items for which CONTRACTOR has been paid in whole or in part. Contractor May Stop Work or Terminate 15.6 If, through no act or fault of CONTRACTOR, the Work is suspended for a period of more than ninety (90) calendar days by the City Manager or by order of other public authority, or under an order of court or CONSULTANT fails to act on any Application for Payment within thirty (30) calendar days after it is submitted, or OWNER fails to pay CONTRACTOR any sum approved by CONSULTANT, within thirty (30) calendar days of its approval, and presentation, then CONTRACTOR may, upon twenty (20) calendar days written notice to the City Manager and CONSULTANT, terminate the Contract. The City Manager may remedy the delay or neglect within the twenty (20) calendar days. If timely remedied by OWNER, the Contract will not be considered terminated. In lieu of terminating the Contract, if CONSULTANT has failed to act on an Application for Payment or OWNER has failed to make any payment as afore said, CONTRACTOR may upon ten (10) calendar days' notice to the City Manager and CONSULTANT stop the Work until it has been paid all amounts then due. Indemnification of Independent Consultant 15.7 CONTRACTOR and the City Manager hereby acknowledges that if CONSULTANT is an independent contractor of OWNER, CONSULTANT may be reluctant to rule on any disputes concerning the Contract Documents or on the performance of CONTRACTOR or OWNER pursuant to the terms of the Contract Documents. Therefore, OWNER, at CONSULTANT's request, agrees to provide CONSULTANT with a written indemnification and hold harmless agreement to indemnify and hold CONSULTANT harmless as to any decision in this regard before CONSULTANT makes an interpretation, de -certifies a payment application, decertifies Substantial Completion, decertifies Final Completion, certifies an event of default, or approves any action which requires the approval of CONSULTANT. ARTICLE 16 — MISCELIANEOUS. 16.1 Whenever any provision of the Contract Documents requires the giving of written notice it will be deemed to have been validly given if delivered in person to the individual or to a member of the firm or to an officer of the corporation for whom it is intended, or if delivered at or sent by registered or certified mail, postage prepaid, to the last known business address. 16.2 The Contract Documents are the property of OWNER. CONTRACTOR and CONSULTANT will have the right to keep one record set of the Contract Documents upon completion of the Project 16.3 The duties and obligations imposed by these General Conditions, Special Conditions and Supplementary Conditions, if any, and the rights and remedies available hereunder, and, in particular but without limitation, the warranties, guarantees and obligations imposed upon CONTRACTOR by the Contract Documents and the rights and remedies available to OWNER and CONSULTANT thereunder, will be in addition to, and will not be construed in any way as a limitation of, any rights and remedies available by law, by special guarantee or by other provisions of the Contract Documents. 16.4 Should OWNER or CONTRACTOR suffer injury or damage to its person or property because of any error, omission, or act of the other or of any of their employees or agents or others for whose acts they are legally liable, claim must be made in writing to the other party within twenty-one (21) calendar days of the first observance of such injury or damage. ARTICLE 17 - WAIVER OF JURY TRIAL. 17.1 OWNER and CONTRACTOR knowingly, irrevocably voluntarily and intentionally waive any right either may have to a trial by jury in State or Federal Court proceedings in respect to any action, proceeding, lawsuit or counterclaim arising out of the Contract Documents or the performance of the Work thereunder. R CLE 18 - ATTORNEYS FEES JURISDICTION I VENUE 1 GOVERNING LAW. 18.1 The Contract will be construed in accordance with and governed by the law of the State of Florida. 18.2 The parties submit to the jurisdiction of any court of competent jurisdiction in Florida regarding any claim or action arising out of or relating to the Contract or Contract Documents. The parties agree that venue of any action to enforce the Contract is in Miami -Dade County, Florida. 18.3 Except as may be otherwise provided in the Contract Documents, all claims, counterclaims, disputes and other matters in question between OWNER and CONTRACTOR arising out of or relating to this Contract or the breach thereof, will be decided in a court of competent jurisdiction within the State of Florida. ARTICLE 19 - PROJECT RECORDS, 19.1 The City Manager has the right to inspect and copy during regular business hours at OWNER'S expense, the books and records and accounts of CONTRACTOR which relate in any way to the Project, and to any claim for additional compensation made by CONTRACTOR, and to conduct an audit of the financial and accounting records of CONTRACTOR which relate to the Project CONTRACTOR will retain and make available to City Manager all such books and records and accounts, financial or otherwise, which relate to the Project and to any claim for a period of three (3) years following final completion of the Project During the Project and the three (3) year period following final completion of the Project, CONTRACTOR must provide City Manager access to its books and records upon five (S) business day's written notice. 19.2 CONTRACTOR and all of its subcontractors are required to comply with the public records law (s.119.0701) while providing services on behalf of OWNER and CONTRACTOR, under such conditions, must incorporate this paragraph in all of its subcontracts for this Project. CONTRACTOR and its subcontractors are specifically required to: (a) Keep and maintain public records required by the public agency to perform the service; (b) Upon request from the public agency's custodian of public records, provide the public agency with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in this chapter or as otherwise provided by law; (c) Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and following completion of the contract if the contractor does not transfer the records to the public agency; and (d) Upon completion of the contract, transfer, at no cost, to the public agency all public records in possession of the contractor or keep and maintain public records required by the public agency to perform the service. If the contractor transfers all public records to the public agency upon completion of the contract, the contractor must destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the contractor keeps and maintains public records upon completion of the contract, the contractor must meet all applicable requirements for retaining public records. All records stored electronically must be provided to the public agency, upon request from the public agency's custodian of public records, in a format that is compatible with the information technology systems of the public agency. IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT 30S-663-6340; E-mail: npayne@southmiamifl.gov; 6130 Sunset Derive, South Miami, FL 33143. 19.3 If CONTRACTOR or its subcontractor does not comply with a public records request, the City Manager has the right to enforce this contract provision by specific performance and the person who violates this provision is liable to OWNER for its costs of enforcing this provision, including attorney fees incurred in all proceedings, whether administrative or civil court and in all appellate proceedings. ARTICL 20 — SEVI;RABILITY, 20.1 If any provision of the Contract or the application thereof to any person or situation is, to any extent, held invalid or unenforceable, the remainder of the Contract, and the application of such provisions to persons or situations other than those as to which it is held invalid or unenforceable will not be affected thereby, and will continue in full force and effect, and be enforced to the fullest extent permitted by law. ARTICLE 21 — INDEPENDENT CONTRACTOR. 21.1 CONTRACTOR is an independent CONTRACTOR under the Contract. Services provided by CONTRACTOR must be by employees of CONTRACTOR and subject to supervision by CONTRACTOR, and not as officers, employees, or agents of OWNER. Personnel policies, tax responsibilities, social security and health insurance, employee benefits, purchasing policies and other similar administrative procedures, applicable to services rendered under the Contract must be those of CONTRACTOR. ARTICLE 22 —ASSIGNMENT, 22.1 CONTRACTOR may not transfer or assign any of its rights or duties, obligations and responsibilities arising under the terms, conditions and provisions of this Contract without prior written consent of the City Manager. The City Manager will not unreasonably withhold and/or delay OWNER'S consent to the assignment of CONTRACTOR's rights. The City Manager may, in the manager's sole and absolute discretion, refuse to allow CONTRACTOR to assign its duties, obligations and responsibilities. In any event, OWNER is not obligated to consent to such assignment unless CONTRACTOR remains jointly and severally liable for any breach of the Agreement by the assignee, the assignee meets all of OWNER's requirements to the City Manager's sole satisfaction and the assignee executes all of the Contract Documents that were required to be executed by CONTRACTOR. ARTICLE 23 — FORCE MAIEURE. 23.1 Neither party may hold the other responsible for damages or for delays in performance caused by force majeure, acts of God, or other acts or circumstances beyond the control of a party or that could not have been reasonably foreseen, prevented or avoided. For this purpose, such acts or circumstances include, but not limited to, weather conditions affecting performance, floods, epidemics, war, riots, strikes, lockouts, or other industrial disturbances, or protest demonstrations. Should such acts or circumstances occur, the parties will use their best efforts to overcome the difficulties and to resume the work as soon as reasonably possible. IN WITNESS WHEREOF, the parties hereto have executed thF General nditions to acknowledge their inclusion as part of the Contract Documents on this a day of t/C � , 20 zQ, ATTESTED: CONTRA O : M INC: Print Signatory's Name: � lared/� Title of Signatory: OWNER: Signature: oq GRZ Signature: Nke a A. P e City Clerk Read and Approved as to Form, language, I nmlity and rarnn,Hnn Thnron4 CITY OF;-7 AMI rMi' Shari Karnali City Manager Supplementary Conditions CONSTRUCTION CONTRACT WEST PINECREST TRAFFIC CALMING FOR SW 78" STREET WEST OF SW 62 AVENUE REQUEST FOR COST PROPOSAL A Consultant: In accordance with ARTICLE 1 of the General Conditions the consultant (CONSULTANT) is defined as the person Identified as the consultant in the Supplementary Conditions or if none, then OWNER'S designated representative as identified in the Supplementary Conditions. CONSULTANTS, if any, and OWNER's Designated Representatives name, address, telephone number and facsimile number are as follows: Consultant: N/A E. Termination or Substitution of Consultant Nothing herein will prevent the Ciry Manager from terminating the services of CONSULTANT or from substituting another "person" to act as CONSULTANT. C. Plans for Construction: The successful CONTRACTOR will be furnished sets of Contract Documents without charge. Any additional copies required will be furnished to CONTRACTOR at a cost to CONTRACTOR equal to the reproduction cost D. The Scope of Services, also referred to as the Work in the contract documents, is as set forth in the RFP and in the attached EXHIBIT I, SCOPE OF SERVICES and if there is a conflict the attached Exhibit will take precedence. E. Contractor must comply with the insurance and indemnification requirements is set forth in the RFP and in the document set forth in the attached EXHIBIT 2 and if there is a conflict the attached Exhibit will take precedence. F. The Work must be completed in 15 calendar days unless a shorter time is set forth in the Contract and in such event the Contract will take precedent notwithstanding any provision in the General Conditions to the Contract that may be to the contrary. G. CONTRACTOR has reviewed and checked all information and data with respect to existing Underground Facilities or conditions at or contiguous to the site and assumes responsibility for the accurate location of all Underground Facilities and conditions that may affect the Work. It is agreed by the parties that no additional examinations, investigations, explorations, tests, reports or similar information or data in respect to any Underground Facilities or conditions are, or will be, required by CONTRACTOR to perform and furnish the Work at the Contract Price, within the Contract Time and in accordance with the other terms and conditions of the Contract Documents. H. CONTRACTOR has given the City Manager written notice of all conflicts, errors or discrepancies that it has discovered in the Contract Documents and, if any conflicts, errors or discrepancies have been found and notice given, CONTRACTOR represents, by submitting its proposal to the City Manager, that CONTRACTOR has received sufficient notice of the resolution thereof from the City Manager, that such resolution Is acceptable to CONTRACTOR and that CONTRACTOR waives any claim regarding the conflicts, errors or discrepancies. IN WITNESS WHEREOF, the parties hereto have executed th Supplemen ry Conditions to L acknowledge their inclusion as part of the Contract on this day of OCiGfK-- , 20AP-1 CONTRACTOR -- Signature: Print Signatory's Tide of Signatory: ATTESTED: Signature: Nke A. Pa City Clerk Read and Approved as to Form, Language, Legality, and Execution Thereof: Signature: / '—C/ity Attorney OWNER: CITY OF SOUTH MIAMI Signature: Shari Karnali City Manager EXHIBIT 1 REQUEST FOR COST PROPOSAL FOR CONSTRUCTION OF SPEED TABLE ALONG SW 78" ST BETWEEN US#1 AND SW 62nd AVE SCOPE OF WORK: Request for a cost proposal to install the proposed speed table along SW 78`h Street between 6227/6220 in accordance with the latest requirement of the City of South Miami Public Works Department and Miami -Dade County Department of Public Works standard details. Construction cost proposal is inclusive of all labor, material and equipment necessary to perform the work. The scope includes but not limited to mobilization, MOT, City of South Miami Permit, milling, asphalt, RPM's, thermoplastic striping, signs (furnished & installed), and As -Built by certified surveyor. Page 1 of 2 REQUEST FOR COST PROPOSAL FOR CONSTRUCTION OF SPEED TABLE ALONG SW 781h ST BETWEEN US#1 AND SW 62"d AVE i roams: war/ a €e ra.r art- � Ya%iB•./ r n e a/q to rxv/r lPt - e .V I�T[O hM•wRJ fYf�( 1,•P/ •IV MOtI M/ Pr m�� Mln •i�s gPi�a. �i MII YlY Y40�,[C/AR Pale 2 of 2 EXHIBIT 2 Insurance & Indemnification Requirements CONSTRUCTION OF NEW PEDESTRIAN PATHWAY AT FUCHS PARK RFP#PR2020-25 Insuranc A. Without limiting its liability, the contractor, consultant or consulting firm (hereinafter referred to as "FIRM" with regard to Insurance and Indemnification requirements) must procure and maintain at its own expense during the life of the Contract, insurance of the types and in the minimum amounts stated below as will protect the FIRM, from claims which may arise out of or result from the contract or the performance of the contract with the City of South Miami, whether such claim is against the FIRM or any sub -contractor, or by anyone directly or indirectly employed by any of them or by anyone for whose acts any of them may be liable. B. No insurance required by the CITY may be issued or written by a surplus lines carrier unless authorized in writing by the CITY and such authorization is at the CITY's sole and absolute discretion. The FIRM must purchase insurance from and must maintain the insurance with a company or companies lawfully authorized to sell insurance in the State of Florida, on forms approved by the State of Florida, as will protect the FIRM, at a minimum, from all claims as set forth below which may arise out of or result from the FiRM's operations under the Contract and for which the FIRM may be legally liable, whether such operations be by the FIRM or by a Subcontractor or by anyone directly or indirectly employed by any of them, or by anyone for whose acts any of them may be liable: (a) claims under workers' compensation, disability benefit and other similar employee benefit acts which are applicable to the Work to be performed; (b) claims for damages because of bodily injury, occupational sickness or disease, or death of the FIRM's employees; (c) claims for damages because of bodily injury, sickness or disease, or death of any person other than the FIRM's employees; (d) claims for damages insured by usual personal injury liability coverage; (e) claims for damages, other than to the Work itself, because of injury to or destruction of tangible property, including loss of use resulting there from; (f) claims for damages because of bodily injury, death of a person or property damage arising out of ownership, maintenance or use of a motor vehicle; (g) claims for bodily injury or property damage arising out of completed operations; and (h) claims involving contractual liability insurance applicable to the FIRM's obligations under the Contract. Firm's i umnce Generally. The FIRM must provide and maintain in force and effect until all the Work to be performed under this Contract has been completed and accepted by CITY (or for such duration as is otherwise specified hereinafter), the insurance coverage written on Florida approved forms and as set forth below: Workers' Compen tion Insurance at the statutory amount as to all employees in compliance with the 'Workers' Compensation Law" of the State of Florida including Chapter 440, Florida Statutes, as presently written or hereafter amended, and all applicable federal laws. In addition, the policy (ies) must include: Employers' Liability at the statutory coverage amount. The FIRM must further ensure that all of its Subcontractors maintain appropriate levels of Workers Compensation Insurance. Commercial Comprehensive General Li bilitY insurance with broad form endorsement, as well as automobile liability, completed operations and products liability, contractual liability, severability of interest with cross liability provision, and personal injury and property damage liability with limits of $1,000,000 combined single limit per occurrence and $2,000,000 aggregate, including: • Personal Injury: $1,000,000; • Medical Insurance: $5,000 per person; • Property Damage: $500,000 each occurrence; Umbrella Commercial Comprehensive General Liability insurance must be written on a Florida approved form with the same coverage as the primary Insurance policy but in the amount of $1.000,000 per claim and $2,000,000 Annual ,aggregate. Coverage must be afforded on a form no more restrictive than the latest edition of the Comprehensive General Liability policy, without restrictive endorsements, as filed by the Insurance Services Office, and must include: (a) Premises and Operation (b) Independent Contractors (c) Products and/or Completed Operations Hazard (d) Explosion, Collapse and Underground Hazard Coverage (e) Broad Form Property Damage (f) Broad Form Contractual Coverage applicable to this specific Contract, including any hold harmless and/or indemnification agreement. (g) Personal Injury Coverage with Employee and Contractual Exclusions removed, with minimum limits of coverage equal to those required for Bodily Injury Liability and Property Damage Liability. Rusinesl Automobile Liability with minimum limits of One Million Dollars ($1,000,000.00) plus an additional One Million Dollar ($1,000,000.00) umbrella per occurrence combined single limit for Bodily Injury Liability and Property Damage Liability. Umbrella coverage must be afforded on a form no more restrictive than the latest edition of the Business Automobile Liability policy, without restrictive endorsements, as filed by with the state of Florida, and must include: (a) Owned Vehicles. (b) Hired and Non -Owned Vehicles (c) Employers' Non -Ownership Subcontracts: The FIRM agrees that if any part of the Work under the Contract is sublet, the subcontract must contain the same insurance provision as set forth in these insurance and indemnification requirements, other than the Fire and Extended Coverage Insurance and substituting the word Subcontractor for the word FIRM where applicable. Fire and Extended Coverage Insurance (Builders' Risk), IF APPLICABLE: A. In the event that this contract involves the construction of a structure, FIRM must maintain, with an Insurance Company or Insurance Companies acceptable to the CITY, "Broad' form/All Risk Insurance on buildings and structures, including Vandalism & Malicious Mischief coverage, while in the course of construction, including foundations, additions, attachments and all permanent fixtures belonging to and constituting a part of said buildings or structures. The policy or policies must also cover machinery, if the cost of machinery is included in the Contract, or if the machinery is located in a building that is being renovated by reason of this contract. The amount of insurance must, at all times, be at least equal to the replacement and actual cash value of the insured property. The policy must be in the name of the CITY and the CONTRACTOR, as their interest may appear, and must also cover the interests of all Subcontractors performing Work. B. All of the provisions set forth In the Miscellaneous section below apply to this coverage unless it would be clearly not applicable. Miscellaneous: A. If any notice of cancellation of insurance or change in coverage is issued by the insurance company or should any insurance have an expiration date that will occur during the period of this contract, the FIRM Is responsible for securing other acceptable insurance prior to such cancellation, change, or expiration so as to provide continuous coverage as specified in this section and so as to maintain coverage during the life of this Contract. B. All deductibles must be declared by the FIRM and must be approved by the CITY. At the option of the CITY, either the FIRM must eliminate or reduce such deductible or the FIRM must procure a Bond, in a form satisfactory to the CITY covering the same. C. The policies must contain waiver of subrogation against CITY where applicable, must expressly provide that such policy or policies are primary over any other collectible insurance that CITY may have. The CITY reserves the right at any time to request a copy of the required policies for review. All policies must contain a "severability of interest" or "cross liability" clause without obligation for premium payment of the CITY as well as contractual liability provision covering FIRMS duty to indemnify the City as provided in this Agreement. D. Before starting the Work, the FIRM must deliver to the CITY and CONSULTANT certificates of such insurance, acceptable to the CITY, as well as the insurance binder, if one is issued, the insurance policy, including the declaration page and all applicable endorsements and provide the name, address and telephone number of the insurance agent or broker through whom the policy was obtained. The insurer must be rated A.VII or better per A.M. Best's Key Rating Guide, latest edition and authorized to issue insurance In the State of Florida. All insurance policies must be written on forms approved by the State of Florida and they must remain in full force and effect for the duration of the contract period with the CITY. The FIRM may be required by the CITY, at its sole discretion, to provide a "certified copy" of the Policy (as defined in Article I of this document) which must include the declaration page and all required endorsements. In addition, the FIRM must deliver, at the time of delivery of the insurance certificate, the following endorsements: (1) a policy provision or an endorsement with substantially similar provisions as follows: "The City of South Miami is an additional insured. The insurer must pay all sums that the City of South Miami becomes legally obligated to pay as damages because of 'bodily injury", 'property damage', or "personal and advertising injury" and it will provide to the City all of the coverage that is typically provided under the standard Florida approved forms for commercial general liability coverage A and coverage B": (2) a policy provision or an endorsement with substantially similar provisions as follows: "This policy must not be cancelled (including cancellation for non-payment of premium), terminated or materially modified without first giving the City of South Miami ten (10) days advanced written notice of the Intent to materially modify the policy or to cancel or terminate the policy for any reason. The notification must be delivered to the City by certified mail, with proof of delivery to the City." E. if the FIRM is providing professional services, such as would be provided by an architect, engineer, attorney, or accountant, to name a few, then in such event and in addition to the above requirements, the FIRM must also provide Professional Liability Insurance on a Florida approved form in the amount of $1,000,000 with deductible per claim if any, not to exceed 5% of the limit of liability providing for all sums which the FIRM becomes legally obligated to pay as damages for claims arising out of the services or work performed by the FIRM its agents, representatives, Sub Contractors or assigns, or by any person employed or retained by him in connection with this Agreement. This insurance must be maintained for four years after completion of the construction and acceptance of any Project covered by this Agreement. However, the FiRM may purchase Specific Project Professional Liability Insurance, in the amount and under the terms specified above, which is also acceptable. No insurance may be issued by a surplus lines carrier unless authorized in writing by the city at the city's sole, absolute and unfettered discretion. Indemnification Requirement A. FIRM accepts and voluntarily incurs all risks of any injuries, damages, or harm which might arise during the work or event that is occurring on the CITY's property due to the negligence or other fault of FIRM or anyone acting through or on behalf of FIRM. B. FIRM must Indemnify, defend, save and hold CITY, its officers, affiliates, employees, successors and assigns, harmless from any and all damages, claims, liability, losses, claims, demands, suits, fines, judgments or cost and expenses, including reasonable attorney's fees, paralegal fees and investigative costs incidental there to and incurred prior to, during or following any litigation, mediation, arbitration and at all appellate levels, which may be suffered by, or accrued against, charged to or recoverable from the City of South Miami, its officers, affiliates, employees, successors and assigns, by reason of any causes of actions or claim of any kind or nature, including claims for injury to, or death of any person or persons and for the loss or damage to any property arising out of a negligent error, omission, misconduct, or any gross negligence, intentional act or harmful conduct of FIRM, its contractor/subcontractor or any of their officers, directors, agents, representatives, employees, or assigns, or anyone acting through or on behalf of any of them, arising out of this Agreement, incident to it, or resulting from the performance or non-performance of FIRM's obligations under this AGREEMENT. C. FIRM must pay all claims, losses and expenses of any kind or nature whatsoever, in connection therewith, including the expense or loss of the CITY and/or its affected officers, affiliates, employees, successors and assigns, including their attorney's fees, in the defense of any action in law or equity brought against them and arising from the negligent error, omission, or act of FIRM, its Sub -Contractor or any of their agents, representatives, employees, or assigns, and/or arising out of, or incident to, this Agreement, or incident to or resulting from the performance or non-performance of FIRM's obligations under this AGREEMENT. D. FIRM agrees and recognizes that neither the CITY nor its officers, affiliates, employees, successors and assigns are to be held liable or responsible for any claims, including the costs and expenses of defending such claims which may result from or arise out of actions or omissions of FIRM, its contractor/subcontractor or any of their agents, representatives, employees, or assigns, or anyone acting through or on behalf of the them, and arising out of or concerning the work or event that is occurring on the CITY's property. In reviewing, approving or rejecting any submissions or acts of FIRM, CITY in no way assumes or shares responsibility or liability for the acts or omissions of FIRM, its contractor/subcontractor or any of their agents, representatives, employees, or assigns, or anyone acting through or on behalf of them. E. FIRM has the duty to provide a defense with an attorney or law firm approved by the City of South Miami, which approval will not be unreasonably withheld F. However, as to design professional contracts, and pursuant to Section 725.08 (1), Florida Statutes, none of the provisions set forth herein above that are in conflict with this subparagraph must apply and this subparagraph must set forth the sole responsibility of the design professional concerning indemnification. Thus, the design professional's obligations as to the City and its agencies, as well as to its officers and employees, is to indemnify and hold them harmless from liabilities, damages, losses, and costs, including, but not limited to, reasonable attorneys' fees, to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of the design professional and other persons employed or utilized by the design professional in the performance of the contract. 440,1Ks ENGINEERING CONTRACTOR — LIC: E-251302 11020 SW 55 ST., MIAMI, FL 33165 PHONE: 786.291-2949 FAX: 786-472-8831 maggolcCdvahoo.com PROPOSAL November 9, 2020 To: Aurelio Carmenates, P.E. Capital Improvements Program Project Manager Public Works Engineering & Construction Division City of South Miami Project: Construction of one (1) Speed Table along SW 78" Street between 6220/6227. Proposal Includes: 1. Mobilization and MOT 2. Milling Existing Asphalt 1.5" 3. Superpave Asphalt Concrete SP-9.5 4. Temporary & Thermoplastic Striping 5. Signs 6. Restoration and clean the construction area 7. As Built Survey Plan LS Price Proposed: $ 7,200.00 Construcion Time: 15 days Thank You for the opportunity, Sincerely, Mario Gonzalez Maggolc Inc./ President City of South Miami Traffic Calming Study SW 78th Street (US 1 - SW 62nd Avenue) South Miami, Florida &L Richard Garcia & Associates, Inc. March 20th, 2019 m City of South Miami Traffic Calming Study Engineer's Certification I, Carlos X. Valentin, P.E. # 78422, certify that I currently hold an active Professional Engineers License in the State of Florida and am competent through education and experience to provide engineering services in the civil and traffic engineering disciplines contained in this report. In addition, the firm Richard Garcia & Associates, Inc. holds a Certificate of Authorization # 9592 in the State of Florida. I further certify that this report was prepared by me or under my responsible charge as defined in Chapter 61 G15-18.001 F.A.C. and that all statements, conclusions and recommendations made herein are true and correct to the best of my knowledge and ability. PROJECT DESCRIPTION: City of South Miami Traffic Calming Study PROJECT LOCATION: SW 781h Street between US 1 & SW 62nd Avenue South Miami, Florida X I V �Q...• UCENSF •.CCU': -D STATE9F : •.46 �aG�20/2019 Florida Registration No. 7 W2?jIIII���`\ Date RICHARD GARCIA & ASSOCIATES, INC. Page ii 45 City of South Miami Traffic Calming Study TABLE OF CONTENTS Engineer's Certification ........................................... Executive Summary ................................................................................................ 1 Introduction............................................................................................................. 3 StudyArea / Description.....................................................................................................3 TrafficData.............................................................................................................. 4 Average Daily Traffic (ADT) & Peak Hour Volumes.........................................................4 VehicleSpeed Data............................................................................................................4 Levelof Service (LOS)..........................................................................................................4 TrafficCalming Measures......................................................................................7 Levelsof Traffic Calming.....................................................................................................7 LevelI............................................................................................................................................... 7 LevelII.............................................................................................................................................. 8 LevelIII............................................................................................................................................ 10 Traffic Calming Analysis (Phase 2)......................................................................12 Traffic Calming Criteria & Thresholds...............................................................................12 Traffic Calming Evaluation & Appraisal..........................................................................13 MinimumTraffic Volume............................................................................................................. 13 85thPercentile Speed................................................................................................................. 14 Correctable Accidents, Cut Through Traffic & Pedestrian Crossing Volume ..................... 14 Municipal Boundary Considerations......................................................................................... 15 Conclusion............................................................................................................16 FD) e A u UVU� RICHARD GARCIA & ASSOCIATES, INC. Page III of South Miami Traffic LIST OF FIGURES Figure1: Study Area.................................................................................................................3 Figure 2: Roadway Links & Traffic Data................................................................................6 LIST OF TABLES Table 1: Summary of Traffic Calming Evaluation................................................................2 Table 2: Average Daily Traffic (ADT).....................................................................................5 Table 3: Roadway Traffic Volumes - AM Peak Hour...........................................................5 Table 4: Roadway Traffic Volumes - PM Peak Hour...........................................................5 Table 5: Miami -Dade County Policy for Traffic Calming Measures...............................13 Table 6: Minimum Traffic Volume Criterion........................................................................14 Table 7: 85'^ Percentile Speed Criterion.............................................................................15 APPENDICES Appendix 1: Traffic Data (Volume & Speed Data) & Adjustment Factor Appendix 2: MDCPWD Traffic Calming Criteria Appendix 3: Analysis & Evaluation of Traffic Calming Criteria MARICHARD GARC:A & ASSOCIATES, INC. Page iv 47 City of South Miami Traffic Calming Study Executive Summary The main objective of this study is to evaluate the existing traffic conditions and to determine whether traffic calming devices should be considered at the studied corridor, SW 78th Street between US 1 (SR 5) and SW 62nd Avenue. SW 78th Street within the study limits is a two-lane (undivided) local street that provides connectivity in the east -west direction. This roadway is mainly surrounded by residential and has a posted speed limit of 25 miles per hour (MPH). This study has been performed consistent with Phase 2 (Traffic Study by Applicant's Consultant) as identified in the Miami -Dade County's Traffic Flow Modifications)/Street Closure(s) Procedure. The data collection consisted of 48-hour Automatic Traffic Recorder (ATR) counts and 24-hour Speed data at three roadway links within the study area. These traffic counts were performed from Wednesday, February 271h through Thursday, February 28}h, 2019. The existing traffic data was utilized in the evaluation of the Miami -Dade County Public Works Department (MDCPWD) traffic calming criteria. The governing standard utilized in this analysis was Miami -Dade County's Traffic Flow Modification (s) /Street Closure(s) Procedure. Although the referenced manual identifies two phases (i.e. Phase 1 & Phase 2), this traffic study followed the Phase 2 procedure which is initiated by the applicant, in this case the City of South Miami. Note, Phase 1 is an analysis/study initiated and performed by MDCPWD. As indicated in the MDCPWD referenced manual, Traffic Calming Measures on neighborhood streets may be considered if a traffic study finds sufficient justification. As such, the study area was evaluated in an effort to identify any traffic intrusion, excessive traffic volume, speeding, traffic accidents, etc and to determine if the traffic data meets the MDCPWD first traffic calming criteria and at least one of the remaining criteria as shown in Table 1. The first or "Primary Criteria" is Minimum Traffic Volumes. This criterion is met when the traffic volumes exceed 1,500 vehicles per day or 150 vehicles during the peak hour. As a result, the traffic data exceeded the Minimum Traffic Volume threshold for Residential Local Streets and therefore, the first criterion is met. The "Second Criteria" includes several traffic measures such as the 85th Percentile Speed, Correctable Accidents, Cut Through Traffic and Pedestrian Crossing Volume. The 85th percentile speed criterion was evaluated to determine if the existing vehicular speed is a concern at the studied locations. A speeding issue can be identified when the 85th percentile speed of all vehicles is at least 10 miles per hour (MPH) greater than the posted speed. The posted speed within the study RICHARD GARCIA & ASSOCIATES, INC. Page 1 City of South Miami Traffic Calming Study area is 25 MPH and therefore, the 85th percentile speed data must reveal 35 MPH or greater to meet this criterion. Based on the existing speed data, the highest 85th percentile speed within the study area is 28 MPH and does not meet the speed criterion. Table 1 summarizes the evaluation of the policy of traffic calming measures. Although no data was gathered to quantify accidents, cut through traffic and pedestrian volume, our field observations revealed there are no issues regarding the referenced criteria. However, in addition to the above, the following observations were made during the field review: • No evidence of crashes or accidents • No cut through traffic was identified • Pedestrian volume was low to nonexistent Therefore, this study assumes that the study area does not meet the criterion of Correctable Accidents, Cut Through Traffic and Pedestrian Crossing Volume. In conclusion, the traffic calming analysis documented in this report reveals that SW 781h Street (between US 1 - SW 62nd Avenue) did satisfy the MDCPWD first traffic calming criteria (Minimum Traffic Volume) but no other criterion was met. However, the City may choose to obtain a two-thirds (2/3) concurrence from affected residents or pass a resolution as indicated on Table 5 and the Municipal Boundary Considerations section of this report (page 15). If either is secured by the City, we would recommend the following traffic calming options: • Traffic Circle at SW 78th Street & SW 63 Avenue/SM Elks Drive Is Traffic Circle at SW 78th Street & SW 63 Avenue Is Midblock Traffic Calming on SW 78th Street between SW 62nd & 63rd Avenue Choker or Neckdown/Narrowing traffic lanes Table 1: Summary of Traffic Calming Evaluation PrimaryCriterlon: Other Criterion: Trairc Roadway link Minimum Traffic Volume 85th Percentile Speed Calming Measure PDT1,500 VPO Peak HourVolume 150 VPH PM Peak 85th Percentile Speed: 10 NPH> Ponied Speed Limit (Met Both Criterion) No. Name At 1 SW 78 Street east of US 1 (USi - Saulh Miami Elks DMe) NET NOT MET MET NOT NET NO west of SW 83 Atenue 2 SW 78 Street (South Miami Elks Ome- MET NOT NET MET NOTNET NO SW 63 Avenue) 3 SW 78 Street west W SW Avenue t 0S MET NOT NET MET NOT NET NO (SW 53 -SS W aAvenue) RICHARD GARCIA & ASSOCIATES, INC. Page 2 me City of South Miami Traffic Calming Study Introduction The purpose of this study is to evaluate the existing traffic conditions and to determine whether traffic calming devices should be considered at the studied corridor, SW 781h Street between US 1 (SR 5) and SW 62nd Avenue. This study has been performed consistent with Phase 2 (Traffic Study by Applicant's Consultant) as identified in the Miami -Dade County's Traffic Flow Modifications)/Street Closure(s) Procedure. Study Area / Description As previously mentioned, the study area is the corridor of SW 78rh Street US 1 and SW 62nd Avenue in the City of South Miami, Florida. SW 78th Street within the study limits is a two-lane (undivided) local street that provides connectivity in the east - west direction. This roadway is mainly surrounded by residential and has a posted speed limit of 25 miles per hour (MPH). Figure 1 below depicts the study area. Figure 1: Study Area RICHARD GARCIA & ASSOCIATES, INC. Page 3 50 City of South Miami Traffic Calming Study Traffic Data The data collection consisted of 48-hour Automatic Traffic Recorder (ATR) counts and 24-hour Speed data. These traffic counts were performed from Wednesday, February 271h through Thursday, February 281h, 2019. Figure 2 depicts the study area and includes the traffic data for each roadway link. Moreover, the 48-hour traffic volumes were collected in 15- minute intervals while the 24-hour speed data was gathered in one -hour intervals. The data collection was performed at the locations as follows: 1. SW 78th Street, east of US 1 2. SW 78th Street, west of SW 63rd Avenue 3. SW 781h Street, west of SW 62nd Avenue Average Daily Traffic (ADT) & Peak Hour Volumes The 48-hour traffic counts were utilized to determine the Average Daily Traffic (ADT) and Peak Hour volumes at each roadway link identified above. The traffic counts were averaged, adjusted for seasonal variations and utilized in the evaluation of the MDCPWD traffic calming criteria. Table 2 summarizes the Average Daily Traffic (ADT). Tables 3 and 4 contains the traffic volumes for the AM and PM peak hour, respectively. Vehicle Speed Data Similarly, the 24-hour speed data was collected at each roadway link and direction. The average speed and 851h percentile speed was summarized in Table 5 and also utilized in the evaluation of the MDCPWD traffic calming criteria. Appendix 2 contains the speed data sheets. Level of Service (LOS) Additionally, the AM and PM peak hour traffic volumes were evaluated for Level of Service (LOS) by the using the generalized Table 4 of the 2013 FDOT (Florida Department of Transportation) Quality / Level of Service Handbook. As a result, the study corridor is operating at acceptable LOS C during both the AM and PM peak hour. RICHARD GARCIA & ASSOCIATES, INC. Page 4 51 of South Miami Traffic Ca Table 2: Average Daily Traffic (ADT) Roadway Link Traffic Data (vehicles per day) ADT No. Name At Direction Day 1 Day 2 Average Calculation EB 991 1003 997 987 1 SW 78 Street US Est of1 (USi -South MiamiElks Dave) WB 1,047 1,130 1089 1078 Link 2,038 Z133 2,086 2,065 wrest or SW 63 Avenue EB 783 837 810 802 WB 950 1.055 1003 992 2 SW 78 Street (South Miami Elks Drive - SW 63 Avenue) Link 1,733 1,892 1,813 1,794 EB 624 632 628 622 3 SW 78 Street west of SW 62 Avenue (SW 83 Avenue- SW 82 Avenue) WB 1,067 1,161 1114 1103 Link 1 1,691 1 1,793 1,742 1 1,725 Table 3: Roadway Traffic Volumes - AM Peak Hour Roadway Link Traffic Data (vehicles per hour) -AM Peak Seasonally Adjusted Peak Hour Volumes (2019 ) Two -Way Volume Level of Service No. Name At Direction Da 1 y Da 2 y Average 9 EB 51 55 58 57 1 SW 78 Street east of US (U51 - Soulh Miami Elks Drive) C WB 62 61 62 61 Link 121 108 115 113 west of SW 63 Avenue EB 53 54 54 53 WB 53 53 53 52 2 SW 78 Street (South Miami Elks Drive - C SW 63 Avenue) Link 92 96 94 93 EB 66 62 64 63 3 SW 78 Street "5510l SW 62 Avenue (SW 63 Avenue - SW 62 Avenue) C WB 54 48 52 51 Link 97 99 98 97 Table 4: Roadway Traffic Volumes - PM Peak Hour Roadway Link No. Name At r - r • r EB 107 96 102 100 t SW 78 Street ease of US 1 (USt - South Miami Elks Ome) C W S 112 131 122 120 Link 171 198 186 183 west of SW 63 Avenue EB 84 87 86 85 WB 164 173 169 167 2 SW 78 Street (South Miami Elks Drive- C SW 63 Avenue) Link 225 229 227 226 EB 57 59 58 57 3 SW 78 Street ( SW 63 Awest of S W 62 Avevenue - S W 62nueAverwe) C W B 213 234 224 221 Link 246 257 252 249 RICHARD GARCIA & ASSOCIATES, INC. Page 5 52 of South Miami Traffic Figure 2: Roadway Links & Traffic Data RICHARD GARCIA & ASSOCIATES, INC. Page b 53 of South Miami Traffic Traffic Calming Measures Traffic calming is a system of design and management strategies that aim to balance traffic on streets with other uses. This system was developed in Europe and it is founded on the idea that streets should help create and preserve a sense of place that their purpose is for people to walk, look, meet, play, shop and even work alongside cars but not dominated by them. The tools of traffic calming take a different approach from treating the street only as a conduit for vehicles passing through at the greatest possible speed. They include techniques designed to lessen the impact of motor vehicle traffic by slowing it down, or literally "calming" it. This helps build environment friendly to people on foot. Besides its power to improve the livability of a place, the strategies below can be employed by painting lines, colors and patterns; using planters, bollards and other removable barriers as suggested by the County; eliminating or adding parking; or installing sidewalk extensions or similar structures with temporary materials. All provide an opportunity to test devices, combinations and locations, fine-tuning the approach according to results. Traffic calming, along with other small-scale improvements, can enhance a place immediately, while being tested and refined to meet long-term needs. Levels of Traffic Calming Miami -Dade County Traffic Flow Modifications)/Street Closure(s) Procedure has identified three levels of Traffic Calming. The goal of these levels is to provide a framework of progressively increasing types of devices. Based on the level of traffic restriction they provide; starting with the least restrictive (Level 1) to the most restrictive (Level III). All forms of Traffic Calming require a temporary implementation followed by a re-evaluation of the effect before a final (permanent) approval is granted. Level The Level I is the least restrictive (passive) and most common form of traffic calming. This level of traffic calming measure is designed to restrain traffic speed and lessen traffic impacts at the local level, where traffic volumes, levels of service, and network capacity are not an issue. The following measures are categorized as Level I alternatives: • Education, neighborhood speed watch RURICHARD GARCIA & ASSOCIATES, INC. Page 7 54 City of South Miami Traffic Calming Study • Law enforcement, movement restrictions • One-way streets, multi -way stop control • Textured pavement, gateway treatments • Border landscaping treatment Level II The Level II is designed to restrain traffic speed and lessen traffic impacts on traffic routs, where traffic volumes, level of service and network capacity are or may become an issue. This level incorporates traffic calming devices to include speed restraints and street rearrangements on traffic routes through activity areas. Moreover, the following bulleted items describe some of the physical devices for Level II. CHOKERS -BULBS - NECKDOWNS Interchangeable terms for sidewalk extensions in selected areas - such as at intersections or at mid - block - as opposed to a full sidewalk widening. The benefits: • Provide a refuge for pedestrians. • Shorten the crossing distance • Define parking bays • Deflect through traffic at a corner • Function as entry points • Provide space for amenities and enhancements (e.g. kiosks, trees, lighting) • ROUNDABOUTS Large, raised, circular island at the middle of major intersection, around which all oncoming vehicles must travel until reaching their destination street, where they then turn off. The benefits: • Create a "calmed" steady flow of traffic. • Reduction in conflict points, which can lead to fewer accidents. • Traffic signals are not customarily required (although traffic control signs are prominent). • Streets narrow as they approach the roundabout and crosswalk are installed on these approaches - thereby slowing oncoming vehicles and giving pedestrians a safe, obvious opportunity to cross. • Enhanced with fountains, sculpture or attractive landscaping, the island can serve as a striking gateway. RICHARD GARCIA & ASSOCIATES, INC. Page 8 55 City of South Miami Traffic Calming Study • A sloping ramp around the perimeter of the raised island allows buses, trucks and other large vehicles to maneuver the continuous curve while still maintaining a lowered speed. • TRAFFIC CIRCLES These small "mini -roundabouts" are designed for small intersections, often used to slow traffic from wide street into a smaller local street. Traffic circles: Help to slow down traffic in neighborhoods and remind drivers that they must proceed carefully. Help to sustain lowered vehicle speeds when they're used in a series. Provide an opportunity for community activity in residential areas, where citizens can create plantings or add other enhancements. • SPEED HUMPS AND SPEED TABLES These devices reduce speed by introducing modest up-and-down changes in the level of the street, thereby requiring drivers to decelerate. Speed Humps are rounded mounds, approximately three inches high and 10 to 12 feet long. They effectively slow down traffic to 15-20 mph without making drivers uncomfortable. For optimum speed reduction, road humps need to be placed at frequent, designated intervals based on the street's dimensions, to minimize the tendency to accelerate between them. (Humps are not to be confused with the speed bumps, which are usually at least 5-6" high and less than three feet long). • Speed tables are road humps that are flat on top and sometimes slightly longer. They are the some width as the street and rise to meet the grade of the sidewalk, providing safe and comfortable crossing for walkers and wheelchairs (and greater access for snow clearance than road humps). One benefit of speed tables is that people cross at the point where drivers decrease speed. It is important to highlight road humps, speed tables and cushions with clear markings to alert approaching drivers. This can be accomplished by: painting words and symbols directly on the street; changing the texture of the street surface; or using signage (the word "Bump" instead of "Hump" is a standard approach thought to effectively put drivers on the alert). KURIC'HARD GARCIA 8, ASSOCIATES, INC. Page 9 12 City of South Miami Traffic Calming Study • MID -BLOCK RAISED MEDIANS / NARROWING TRAFFIC LANES These techniques provide a flexible way to take back space from the street for non -motor -vehicle uses. Traditional traffic engineering calls for 12 to 13-foot lanes, citing "traffic safety" standards — but newer evidence shows lanes as narrow as nine (9') feet can still be safe for driving. • Narrowing lanes and to widen sidewalks eases crossing for pedestrian and gives them more space to walk. • Lanes can also be removed from serving traffic and designated for busses, trolleys or other types of transit. • Traffic lanes can be transformed into bicycles lanes. • All street lanes can be narrowed together to create more room for non -auto uses. • Vertical elements like trees or bollards further reduce the "optical width" of a narrowed street, thereby discouraging speeding. • CHICANES Chicanes are sidewalk extensions that jog from one side of a street to the other to replicate such a circuitous route. Below are of the benefits: • Narrow, curving roads encourage motorists to drive more slowly and carefully. • A curvilinear path that interrupts a clear view and compels drivers to slow down. • Chicanes can be formed using sculpture, plantings and parking to enhance the appearance and function of a street. • Diagonal parking and parallel parking can be alternated to create a chicane effect. • Chicanes are best used on narrow roads to prevent vehicles from swinging out to maintain their speed around the bends. Level III Similarly, Level III is designed to lessen traffic levels and impacts city-wide. This level extends the term traffic calming to include a much wider range of traffic reduction and control policies. This wide view interlaces traffic calming with urban transport guidelines and away from its original focus on traffic management. This is the most restrictive and most stringent traffic calming level and should be reserved as a last resort. The following bulleted items describe some of the physical devices for Level III. RiCHARD GARCIA & ASSOCIATES, INC. Page 10 57 City of South Miami Traffic Calming Study DIVERTERS These physical barriers redirect traffic heading for a certain street onto a different course, reducing vehicle overload on vulnerable (usually residential) streets overrun by through traffic looking for shortcuts. • Diagonal Diverters traverse an entire intersection, actually creating two unconnected streets that each turn sharply away from one another. • Semi-Diverters restrict traffic in one direction to prevent entrance to a street, while permitting traffic to pass through in the other direction. • Although they effectively reduce traffic volume, diverters must be part of a comprehensive improvement scheme or else they can end up simply displacing congestion. • STREET CLOSURE The implementation of street closures is one of the most restrictive traffic calming measures. This treatment will redistribute traffic to other streets and intersections. Additionally, access to the street closed will limit access to adjacent properties and may increase travel time and delay. This treatment will require the most intense pre -implementation and post -implementation analysis and should be left as a last resort. RICHARD GARCIA & ASSOCIATES, INC. Page I 1 PH City of South Miami Traffic Calming Study Traffic Calming Analysis (Phase 2) This section will cover the analysis performed with the policy utilized to establish a need for traffic calming measures. The governing standard utilized in this analysis was Miami -Dade County's Traffic Flow Modification(s) /Street Closure(s) Procedure. Although the referenced manual identifies two phases (i.e. Phase 1 & Phase 2), this traffic study followed the Phase 2 procedure which is initiated by applicant, in this case the City of South Miami. Lastly, the Phase 1 procedure is an analysis/study performed by Miami -Dade County Public Works Department (MDCPWD). Traffic Calming Criteria & Thresholds As indicated in the MDCPWD referenced manual, Traffic Calming Measures on neighborhood streets may be considered if a traffic study finds sufficient justification. As such, the study area was evaluated in an effort to identify any traffic intrusion, excessive traffic volume, speeding, traffic accidents, etc and to determine if the traffic data meets the MDCPWD first traffic calming criteria and at least one of the remaining criteria as shown in Table 5 below. The first or "Primary Criteria" is Minimum Traffic Volumes. These traffic volumes are evaluated based on daily and peak hour totals. The "Second Criteria" includes several traffic measures as follows: • 85th Percentile Speed: This is the speed at which 85 percent of the motorist are traveling. • Correctable Accidents: This would include only accidents that would be correctable by the installation of Traffic Calming devices. • Cut Through Traffic: This is traffic that is looking to minimize their travel time by avoiding congested arterial streets and cutting through neighborhood streets. • Pedestrian Crossing Volume: This is the volume of pedestrian crossing streets that are affected and in conflict with the traffic traveling along those streets. EN RICHARD GARCIA & ASSOCIATES, INC. Page 12 59 City of South Miami Traffic Calming Study Table 5: Miami -Dade County Policy for Traffic Calming Measures Public Works Department- Traffic Engineering Division mnliru nn Trnffir r`alminn Uoncumc Must meet the first criteria and at least one of the remaining criteria in order for the Public Works Department to consider traffic calming measures: Criterion Residential Residential Local Streets Collector Streets Minimum Traffic Volume >1,500 VPD <3000— >3.000 VPD <8,00D" >150 VPH <300"' >300 VPH <800 85th Percentile Speed+ la MPH> Speed Limit 10 MPH> Speed Limit Correctable Accidents per year >3 per year >6 per year Cut Through Traffic during >?ar"/o >503a the a.m. or p.m. peak hour Pedestrian Crossing Volume during the a.m. or p.m. peak >25 >50 hour Concurrence from affected residents+property owners' 2r3 of returned ballots- of returned ballots " VPD VPD = Vehicles per day, VPH = Vehicles per how + It is the speed at which 85% of motorists travel. ' Affected resident&'property owners to be determined on a case by case basis. " For traffic circle 1001%. concurrence from adjacent affected residents and or property owners is required. Municipal Jurisdictions: In lieu of concurrence a resolution is acceptable from municipalities. The traffic volume within a municipal boundary could be reduced by a total of 30%, and speed by 50% at the request of and for those municipalities, which provide funding for their traffic calming program. Traffic Calming Evaluation & Appraisal The traffic data documented in this report was analyzed to determine whether it meets the Miami -Dade County Policy for Traffic Calming Measures. Minimum Traffic Volume This criterion is met when the traffic volumes exceed 1,500 vehicles per day (vpd) or 150 vehicles during the peak hours (vph). The studied corridor is a local street and therefore, the existing traffic volumes were compared to the first criterion, Minimum Traffic Volume for Residential Local Streets. As a result, the traffic data exceeded RICHARD GARCIA & ASSOCIATES, INC. Page 13 .E City of South Miami Traffic Calming Study the Minimum Traffic Volume threshold for Residential Local Streets and therefore, the first criterion is met. Table 6 summarizes the results for each location. Table 6: Minimum Traffic Volume Criterion Primary Criterion: Minimum Traffic Volume Two -Way Roadway Link T Peak Four Volume Peak Hour VOWme> 150 VPH Cmnon (R ADT> 1.500 VPD Satisfied No. Name At AM Peak = AM Peak 1 SW 78 Street - Beast w US 1 (U51 oWh Miami Elks Dme) 2,100 NET 113 783 NOT NET NET YES west WSW 0 A�. 2 SW78 Street (Sauln Miami Elks Doe- 1,800 NET 93 225 NOTNET NET YES SW 63 A..) 3 SW78Streel warm WSW 62 Avenue 1,700 NET 97 249 NOT NET NET YES (SW 63 Avenue - SW 62 A,enue) 85th Percentile Speed This criterion was evaluated to determine if the existing vehicular speed is a concern at the studied locations. A speeding issue can be identified when the 85th percentile speed of all vehicles is at least 10 miles per hour (MPH) greater than the posted speed. The posted speed within the study area is 25 MPH and therefore, the 85th percentile speed data must reveal 35 MPH or greater to meet this criterion. Based on the existing speed data, the highest 85th percentile speed within the study area is 28 MPH and does not meet the speed criterion. Table 7 below summarizes the average speed and the 85th percentile speed for the study area. Correctable Accidents, Cut Through Traffic & Pedestrian Crossing Volume Although no data was gathered to quantify accidents, cut through traffic and pedestrian volume, our field observations revealed there are no issues regarding the referenced criteria. However, in addition to the above, the following observations were made during the field review: • No evidence of crashes or accidents • No cut through traffic was identified • Pedestrian volume was low to nonexistent Therefore, this study assumes that the study area does not meet the criterion of Correctable Accidents, Cut Through Traffic and Pedestrian Crossing Volume. RICHARD GARCIA & ASSOCIATES, INC. Page 14 61 City of South Miami Traffic Calming Study Table 7: 85th Percentile Screed Criterion Other Criterion: 85th Percentile Speed 85th Percentile Roadway Link 85th Percentile Speed: Criterion Direction Speed (MPH) 10 MPH > Posted Speed Limit Satisfied No. Name Al east or US ; EB 21 NOT MET 1 SW 78 Street (USt - South Miami Elks Dme) NO WB 23 NOT MET west of SW 63 Avenue EB 21 NOT MET 2 SW 78 Street (South Miami Elks Drive - NO WB 23 NOT MET SW 63 Avenue) west of SW 62 Avenue EB 28 NOT MET 3 SW 78 Street (SW 63 A%enue - SW 62 A'enue) NO WB 27 NOT MET Municipal Boundary Considerations In addition to the criteria outlined above, the Miami -Dade County's Traffic Flow Modification(s) /Street Closure(s) Procedure allows for certain reductions in the threshold shown in Table 5. These are shown as footnote *** as follows: *** The traffic volume within a municipal boundary could be reduced by a total of 30% and speed by 50% at the request of and for those municipalities, which provide funding for their traffic calming program. The application of this criterion would still not meet the speed threshold of 30 MPH (25 MPH posted plus 5 MPH or 50% of 10 MPH). However, since the volume criteria is still met under this analysis as well, the City of South Miami could obtain "Concurrence from affected residential/Property owners," with a 2/3 of returned ballots. Lastly, the code states: Municipal Jurisdictions: In Lieu of concurrence a resolution is acceptable from municipalities. In summary, although traffic volumes exist to support traffic calming within the subject study area, the lack of a secondary criteria will require the City to obtain a two-thirds (2/3) concurrence from affected residents or pass a resolution. If either is secured by the City, we would recommend the following traffic calming options: Traffic Circle at SW 78th Street & SW 63 Avenue/SM Elks Drive Traffic Circle at SW 78th Street & SW 63 Avenue * Midblock Traffic Calming on SW 78th Street between SW 62nd & 631d Avenue o Choker or Neckdown/Narrowing traffic lanes RICHARD GARCIA & ASSOCIATES, INC. Page 15 62 City of South Miami Traffic Calming Study Conclusion In conclusion, the traffic calming analysis documented in this report reveals that SW 781h Street (between US 1 - SW 62nd Avenue) does not meet the MDCPWD traffic calming criteria. The existing traffic data did satisfy the first criteria (Minimum Traffic Volume), no other criterion was met and would require City action to implement. Therefore, since traffic volumes do exist to support traffic calming within the subject study area, the lack of a secondary criteria will require the City to obtain a two- thirds (2/3) concurrence from affected residents or pass a resolution. If either is secured by the City, we would recommend the following traffic calming options: • Traffic Circle at SW 78th Street & SW 63 Avenue/SM Elks Drive • Traffic Circle at SW 78th Street & SW 63 Avenue • Midblock Traffic Calming on SW 78th Street between SW 62nd & 63rd Avenue • Choker or Neckdown/Narrowing traffic lanes 0 AN RICHARD GARCIA & ASSOCIATES, INC. Page 16 63 of South Miami Traffic Colmin Appendix 1: Traffic Data (Volume & Speed Data) & Adjustment Factor RICHARD GARCIA & ASSOCIATES, INC. Appendix -I - m MAL Richard Garcia & Associates, Inc. 8065 NW 98 Street Hialeah Gardens, Florida 33016 Phone:305-362-0677 Fax: 305-675-6474 Page 1 Site Code: Station ID: SW 78 STREET EAST OF USt Latitude: 0' 0.0000 Undefined Start 27-Feb-19 EB Hour Totals WB Hour Totals Combined Totals Time Wed Mominq Afternoon Momino Afternoon Mamina Aftemnnn Mnminn ABmm�nn Mnminn AHcmmn 12:00 3 19 g 21 12:15 4 19 0 25 12:30 3 16 2 27 12:45 5 18 15 72 2 26 13 99 28 171 01:00 0 6 12 01:15 0 5 12 01:30 1 1 18 01:46 4 5 107 4 16 16 58 21 165 02:00 2 21 0 7 02:15 2 20 2 23 02:30 5 17 0 21 02'.45 0 22 9 80 5 23 7 74 16 154 03:00 3 11 3 20 03:15 1 13 1 30 03:30 1 13 1 22 03:45 1 16 6 53 1 24 6 96 12 149 04:00 0 14 0 30 04:15 0 26 0 25 04:30 2 18 1 22 04:45 0 7 2 65 1 19 2 96 4 161 05:00 1 12 1 05:15 2 8 2 05:30 0 8 0 0 05:45 2 10 5 38 1 4 112 9 150 06:00 6 15 0 25 OE:15 2 7 7 18 06:30 2 7 2 19 06:45 1 17 11 46 1 13 10 75 21 121 07:00 8 19 0 17 07:15 2 11 12 9 07:30 6 11 7 23 OT:45 10 16 26 57 5 20 24 69 50 126 08:00 12 10 9 16 06:15 9 10 7 8 06:30 12 10 4 14 06:45 13 11 46 41 11 13 31 51 77 92 Woo 13 11, 10 13 09:15 8 7 10 12 09:30 10 8 9 11 09:45 20 15 51 41 10 7 39 43 90 84 10:00 19 9 11 9 10:15 7 23 9 0 10:30 12 15 9 3 1: 16 51 63 6 2 35 14 86 77 11:00 00 13 3 11:15 ® 15 0 11:30 2 8 11:45 11 12 59 42 0 62 11 121 53 Total 286 705 249 798 Percent 28.9% 71.1% 23.8% 76.2% Peak - 10:45 01:00 - - 11:00 05:00 Vol. - 61 107 - - 62 112 P.H,F. 0.897 0.892 0.738 0.824 535 1503 26.3% 73.7% 65 MA Richard Garcia & Associates, Inc. 8065 NW 98 Street Hialeah Gardens, Florida 33016 Phone:305-362-0677 Fax:305-675-6474 Page 2 Site Code: Station ID: SW 78 STREET EAST OF US1 Latitude: 0' 0.0000 Undefined Start 28-Feb-19 EB Hour Totals WB Hour Totals Combined Totals Time Thu Morning Afternoon Momina Afternoon Momina Afternoon Momina Afternoon Momina Aftemoon 12:00 3 3 25 12:15 3 3 25 12:30 1 1 0 27 12:45 2 9 96 1 25 7 102 16 198 01:00 3 17 3 16 01:15 6 21 0 16 01:30 3 20 3 20 01'.45 2 17 14 75 2 15 8 66 22 141 02:00 4 35 2 10 02:15 0 21 4 28 02:30 1 16 0 28 02:45 3 17 8 89 3 22 9 88 17 177 03:00 1 14 1 34 03:15 0 13 0 20 03:30 0 13 0 28 03A5 2 19 3 59 1 28 2 110 5 169 04:00 0 18 2 24 04:15 1 13 1 18 04:30 0 13 0 25 04:45 1 11 2 55 0 18 3 85 5 140 05:00 1 10 0 21 05:15 1 10 1 05:30 0 9 3 05:45 0 11 2 40 0734 4 116 6 156 06:00 2 13 2 06:15 2 8 506:30 3 12 206:45 5 13 12 46 4 13 115 25 161 07:00 4 16 807:15 11 16 307:30 9 16 10 07:45 6 12 30 60 6 10 27 57 57 117 08:00 7 12 10 17 08:15 10 16 6 12 08:30 12 20 7 7 08:45 12 13 41 61 17 11 40 47 81 108 09:00 8 15 8 12 09:15 11 7 15 7 09:30 14 16 8 16 09:45 13 12 46 50 8 14 39 49 85 99 10:00 17 6 6 10:15 12 11 10 10:30 M 14 13 2 10:45 3 55 46 8 14 38 32 93 78 11:00 8 28 0 11:75 14 5 3 11:30 13 15 0 11:45 12 9 47 57 9 61 12 108 69 I otal 269 734 251 879 520 1613 Percent 26.8% 73.2% 22.2% 77.8% 24.4% 75.6% Peak - 10:00 12:00 - - 11:00 05:15 - - - - Vol. - 55 96 - - 61 131 - - - - P.H.F. 0.764 0.857 0.953 0.910 Total 555 1439 Soo 1677 1055 3116 Percent 27.8% 72.2% 23.0% 77.0% 25.3% 74.7% ADT ADT 2,065 AADT 2,065 ( Richard Garcia & Associates, Inc. 8065 NW 98 Street Hialeah Gardens, Florida 33016 Phone: 305-362-0677 Fax:305-675-6474 Page 1 Site Code: Station ID: SW 78 STREET WEST OF SW 63 AVENUE Latitude: 9 0.0000 Undefined Star. 27-Feb-19 EB Hour Totals WB Hour Totals Combined Totals Time Wed Morning Aftemoon Mominq Aftemoon Morninq Aftemoon Mominq Aftemoon Momino Aftemoon 12:00 2 17 0 22 12:15 2 14 1 23 12:30 3 14 1 20 12:45 0 22 7 67 1 12 3 77 10 144 0':00 0 14 1 6 01:15 1 16 1 10 0':30 0 22 0 12 01:45 5 22 6 74 1 8 3 36 9 110 02:00 0 10 0 11 02:15 1 16 0 19 02:30 0 17 2 18 02:45 0 16 1 59 0 28 2 76 3 135 03:00 0 10 0 23 03:15 1 14 0 23 03:30 1 11 0 17 03:45 0 12 2 47 1 26 1 89 3 136 04:00 0 0 21 04:15 0 0 04:30 0 2 04:45 00 0 84 0 0 2 141 2 225 05:00 1 12 1 05:15 0 15 3 31 05:30 0 10 0 31 05:45 1 17 2 54 0 29 4 135 6 189 06:00 1 15 4 39 06:15 4 9 3 24 06:30 1 14 2 11 06:45 1 11 7 49 0 10 9 84 16 133 07:00 1 13 5 11 07:15 6 5 8 11 07:30 10 7 5 9 07:45 13 6 30 31 9 10 27 41 57 72 08:00 11 12 9 08:15 6 5 8 08:30 9 10 10 08:45 8 53 34 11 9 38 36 91 70 09:00 8 5 10 8 09:15 14 5 12 7 09:30 10 4 5 2 09:45 13 2 45 16 8 2 35 19 80 35 10:00 9 8 11 0 10:15 11 6 9 1 10:30 10 7 5 1 10:45 14 5 44 26 6 1 31 3 75 29 11:00 9 3 0 11:15 9 1 4 11:30 14 1 0 11:45 7 1 39 8 1 53 5 92 11 Total 236 547 208 742 Percent 30.1% 69.9% 21.9% 78.1% Peak - 08:00 04:00 - - 11:00 04:15 '✓ol. - 53 84 - 53 164 P.H.F. 0.946 0.636 0.530 0.932 444 1289 25.6% 74.4 % 67 KA Richard Garcia & Associates, Inc. 8065 NW 98 Street Hialeah Gardens, Florida 33016 Phone: 305-362-0677 Fax:305-675-6474 Page 2 Site Code: Station ID: SW 78 STREET WEST OF SW 63 AVENUE Latitude: 0' 0.0000 Undefined Start 28-Feb-19 EB Hour Totals WB Hour Totals Combined Totals Time Thu Mominq Afternoon Mominq Afternoon Mominq Afternoon Momina Aftemoon Mominq Afternoon 12:00 0 15 0 14 12:15 3 17 2 16 12:30 0 15 0 21 12:45 1 14 4 61 1 12 3 63 7 124 01:00 2 18 0 13 01:15 1 1 20 01:30 0 0 19 01:45 0 M 3 86 0 7 1 59 4 145 02:00 0 1 26 02:15 2 19 1 32 02:30 0 22 0 29. 02:45 1 13 3 73 2 32 4 119 7 192 03:00 0 11 0 18 03:15 0 11 0 24 03:30 0 15 0 23 03:45 0 22 0 59 1 30 1 95 1 154 04:00 1 27 1 38 04:15 0 18 1 33 04:30 0 15 0 25 04:45 0 6 1 66 0 13 2 109 3 175 05:00 0 13 0 05:15 0 15 2 05:30 0 14 2 05:45 0 14 0 56 00 4 173 4 229 06:00 1 11 3 44 06:15 3 10 2 26 06:30 3 20 2 22 06:45 3 11 10 52 6 11 13 103 23 155 07:00 9 14 2 11 07:15 10 13 11 14 07:30 11 13 11 10 07:45 5 8 35 48 7 12 31 47 66 95 08:00 14 10 9 7 08:16 9 11 5 4 08:30 14 7 19 6 08:45 13 7 50 35 13 6 46 23 96 58 09:00 7 4 10 4 09:15 4 10 4 09:30 6 7 7 09:45 9 53 23 9 3 36 18 89 41 10:00 5 7 4 10:15 14 7 13 1 10:30 15 1 7 5 10:45 10 6 47 19M 0 46 10 93 29 11:00 13 3 2 11:15 10 4 0 11:30 8 4 4 11:45 8 3 39 14 9 0 43 6 82 20 Total 245 592 230 826 475 1417 Percent 29.3% 70.7% 21.8% 78.2% 25.1% 74.9% Peak - 09:15 01:15 - - 10:45 05:00 - - - - Vol. - 54 87 - - 53 173 - - - - P.H.F. 0.711 0.870 0.697 0.848 Total 481 1139 438 1567 919 2706 Percent 29.7% 70.3% 21.8% 78.2% 25.4% 74.6% ADT ADT 1,855 AADT 1.855 CY] KA Richard Garcia & Associates, Inc. 8065 NW 98 Street Hialeah Gardens, Florida 33016 Phone:305-362-0677 Fax:305-675-6474 Page 1 Site Code: Station ID: SW 78 STREET WEST OF SW 62 AVENUE Latitude: 0' 0.0000 Undefined Stat 27-Feb-19 EB Hour Totals WB Hour Totals Combined Totals Time Wed Mominq Afternoon Momino Afternoon Momina Aftemoon Momino Aftemoon Mnminn Aftemnnn 1200 0 12 0 19 12t75 1 12 0 20 1Z30 0 13 1 18 1Z45 0 15 1 52 1 11 2 68 3 120 01:00 0 8 0 8 01:15 0 13 1 11 01:30 0 14 0 11 01:45 0 14 0 49 0 8 1 38 1 87 02:00 0 9 1 14 02:15 0 11 0 23 02:30 0 11 2 13 02:45 0 13 0 44 0 33 3 83 3 127 0300 0 11 0 20 03:15 0 10 0 28 03:30 2 11 0 24 03:45 0 6 2 38 0 25 0 97 2 135 04:00 0 0 29 04:15 1 0 04:30 0 1 04:45 0 1 57 0 1 189 2 246 05:00 1 8 0 05:15 1 15 201 05:30 3 13 0 53 05:45 1 10 6 46 0 38 2 188 8 234 06:00 2 9 1 47 06:15 2 7 3 24 06:30 4 11 2 12 06:45 4 5 12 32 0 12 6 95 18 127 07:00 8 4 3 13 07:15 7 5 4 12 07:30 5 6 14 07:45 3 46 17 10 10 23 49 69 66 08: 30 5 10 6 08:15 4 4 7 08:30 14 4 7 9 08:45 16 3 65 16 11 8 32 30 97 46 09:00 8 3 10 9 09:15 13 2 10 8 09:30 12 2 7 2 09'.45 15 0 48 7 6 3 33 22 81 29 10M 8 7 9 1 10:15 12 3 11 1 10:30 8 3 6 4 10:45 6 1 34 14 7 2 33 8 67 22 11:00 7 1 2 11:15 7 1 6 11:30 10 1 0 11:45 9 1 33 40 2 54 10 87 14 iorat Z46 3/6 190 877 Percent 39.7% 60.3% 17.8% 82.2% Peak - 07:30 04:00 - - 11:00 04:30 Vol. - 66 57 - - 54 213 P.H.F. 0.917 0.891 0.643 0.918 438 1253 25.9% 74.1% .• KA Richard Garcia & Associates, Inc. 8065 NW 98 Street Hialeah Gardens, Florida 33016 Phone:305-362-0677 Fax:305-675-6474 Page 2 Site Code: Station ID: SW 78 STREET WEST OF SW 62 AVENUE Latitude: 0' 0.0000 Undefined Start 28-Feb-19 EB Hour Totals WB Hour Totals Combined Totals Time Thu Mominq Afternoon Mominq Afternoon Mominq Afternoon Mominq Afternoon Mominq Afternoon 12:00 0 15 2 15 12:15 2 11 2 16 12:30 0 7 1 18 12:45 0 11 2 44 1 12 6 61 8 105 01:00 0 14 0 17 01:15 0 10 1 21 01:30 0 13 0 13 01:45 0 14 0 51 0 9 1 60 1 111 02:00 0 9 1 18 02:15 0 13 1 29 02:30 0 19 0 36 02:45 0 11 0 52 2 31 4 114 4 166 03:00 1 9 0 17 03:15 0 6 1 25 03:30 0 0 24 03:45 0 1 46 0 34 1 100 2 146 04:00 2 1 41 04:15 0 1 33 04:30 0 12 0 47 04:45 0 11 2 51 0 2 183 4 234 05:00 0 10 0 05:15 1 9 1 05:30 2 9 1 05:45 0 13 3 41 0 44 2 216 5 257 06:00 3 5 4 43 06:15 4 3 3 27 06:30 4 10 2 26 06:45 6 9 17 27 3 11 12 107 29 134 07:00 14 12 4 14 07:15 7 4 6 14 07:30 9 8 6 7 07:45 6 6 36 30 7 11 23 46 59 76 08:00 6 9 9 08:15 7 4 9 08:30 m 4 14 7 08:45 3 62 20 10 7 37 32 99 52 09:00 11 5 9 10 09:15 18 1 9 7 09:30 10 3 7 4 WAS 12 5 51 14 6 3 31 24 82 38 10:00 6 3 3 3 10:15 9 4 11 3 10:30 16 1 8 5 10:45 10 4 41 12 0 36 11 77 23 11:00 6 3 5 11:15 6 2 2 11:30 4 0 2 11:45 7 1 23 6 8 0 43 9 66 15 Total 238 394 198 963 436 1357 Percent 37.7% 62.3% 17.1% 82.9% 24.3% 75.7% Peak - 08:00 03:30 - - 10:45 04:45 - - - - Vol. - 62 59 - - 49 234 - - - - P.H.F. 0.816 0.776 0.875 0.900 Total 486 770 388 1840 874 2610 Percent 38.7% 61.3% 17.4% 82.6% 25.1% 74.9% ADT ACT 1,795 AADT 1,795 70 RU Richard Garcia & Associates, Inc. Page 1 8065 NW 98 Street Hialeah Gardens, Florida 33016 Site Code: Phone: 305-362-0677 Station ID: 20812 Fax: 305-675-6474 SW 78 STREET FAST OF US1 Latitude: 0' 0.0000 Undefined 191PPF Start 0 16 21 26 31 36 41 46 51 56 61 66 71 76 Time 15 20 25 30 35 40 45 50 55 60 65 70 75 9999 Total 0=7719 9 2 2 0 0 0 0 0 0 0 0 0 0 0 13 01:0C 11 0 5 0 0 0 0 0 0 0 0 0 0 0 16 02:OC 4 2 1 0 0 0 0 0 0 0 0 0 0 0 7 MAO 4 2 0 0 0 0 0 0 0 0 0 0 0 0 6 0402 2 1 0 0 0 0 0 0 0 0 0 0 0 0 3 05:00 1 3 0 0 0 0 0 0 0 0 0 0 0 0 4 06:OC 4 1 2 3 0 0 0 0 0 0 0 0 0 0 10 O7:OC 5 9 7 4 0 0 0 0 0 0 0 0 0 0 25 0 AE 9 16 5 1 0 0 0 0 0 0 0 0 0 0 31 030C 13 13 12 0 1 0 0 0 0 0 0 0 0 0 39 1000 12 9 9 3 2 0 0 0 0 0 0 0 0 0 35 11:0C 14 17 25 4 2 0 0 0 0 0 0 0 0 0 62 12 PM 26 39 31 3 0 0 0 0 0 0 0 0 0 0 99 110C 18 27 13 0 0 0 0 0 0 0 0 0 0 0 58 14.00 8 33 28 5 0 0 0 0 0 0 0 0 0 0 74 15:00 15 36 31 14 0 0 0 0 0 0 0 0 0 0 96 160C 24 24 36 11 0 1 0 0 0 0 0 0 0 0 96 17:OC 27 37 35 11 2 0 0 0 0 0 0 0 0 0 112 18:OC 25 25 21 3 1 0 0 0 0 0 0 0 0 0 75 19:00 22 30 17 0 0 0 0 0 0 0 0 0 0 0 69 20OO 20 21 7 3 0 0 0 0 0 0 0 0 0 0 51 21:00 15 16 6 6 0 0 0 0 0 0 0 0 0 0 43 220C 6 4 4 0 0 0 0 0 0 0 0 0 0 0 14 23:OC 4 3 3 1 0 0 0 0 0 0 0 0 0 0 11 Tow 298 370 300 72 8 1 0 0 0 0 0 0 0 0 1049 71 ( Richard Garcia & Associates, Inc. Page 8065 NW 98 Street Hialeah Gardens, Florida 33016 Site Code: Phone:305-362-0677 Station ID:20812 Fax:305-675-6474 SW 78 STREET EAST OF US1 Latitude: 0' 0.0000 Undefined WESTBOUND Start 0 16 21 26 31 36 41 46 51 56 61 66 71 76 Time 15 20 25 30 35 40 45 50 55 60 65 70 75 9999 Total 0=8119 1 2 3 1 0 0 0 0 0 0 0 0 0 0 7 01:00 5 3 0 0 0 0 0 0 0 0 0 0 0 0 8 02:00 2 3 4 0 0 0 0 0 0 0 0 0 0 0 9 03:D0 2 0 0 0 0 0 0 0 0 0 0 0 0 0 2 04:00 2 0 0 1 0 0 0 0 0 0 0 0 0 0 3 05:00 0 3 2 0 0 0 0 0 0 0 0 0 0 0 5 06:00 4 6 2 1 0 a 0 0 0 0 0 0 0 0 13 07:00 2 18 6 1 0 0 0 0 0 0 0 0 0 0 27 08:00 13 14 7 6 0 0 0 0 0 0 0 0 0 0 40 D9:0D 7 15 13 4 0 D 0 0 0 0 0 0 0 0 39 10:00 7 1s 12 4 a 0 0 0 0 0 0 0 0 0 38 11:00 10 32 16 3 0 0 0 0 0 0 0 0 0 0 61 12 PM 11 41 38 11 0 0 0 0 0 0 0 0 0 0 101 13:00 13 25 26 2 0 a 0 0 0 0 0 0 0 0 66 14:00 8 31 42 6 1 0 0 0 0 0 0 0 0 D 88 15:00 16 33 45 15 1 0 0 0 0 0 0 0 0 0 110 16:00 27 23 28 5 2 0 0 0 0 0 0 0 0 0 85 17:00 40 31 33 12 0 0 0 0 0 0 0 0 0 0 116 18:00 19 57 33 6 0 0 0 0 0 0 0 0 0 0 115 19:00 13 25 19 1 0 0 0 0 0 0 0 0 0 0 58 20:00 9 28 7 3 0 0 0 0 0 0 0 0 0 0 47 21:00 21 18 10 0 0 0 0 0 0 0 0 0 0 0 49 22:00 19 7 5 0 0 0 0 0 0 0 0 0 0 0 31 23:00 7 4 1 0 0 0 0 0 0 0 0 0 0 0 12 Total 258 434 352 82 4 0 0 0 0 0 0 0 0 0 1130 Grand 556 804 652 154 12 15th Percentile: 9 MPH 501h Percentile: 18 MPH 85th Percentile: 23 MPH 95th Percentile: 26 MPH State Mean Speee)Average): 18 MPH 10 MPH Pace Speed: 16-25 MPH Number in Pace: 1480 Percent in Pace: 67.9% Number of Vehicles >55 MPH: 0 Percent of Vehicles> 55 MPH: 0.0% 2179 72 Richard Garcia & Associates, Inc. Page KIL 8065 NW 98 Street Hialeah Gardens, Florida 33016 Site Code: Phone:305-362-0677 Station ID: 20812 Fax: 305-675-6474 SW 78 STREET EAST OF US1 Latitude: 0' 0.0000 Undefined EASTBOUND Start 0 16 21 26 31 36 41 46 51 56 61 66 71 76 Time 15 20 25 30 35 40 45 50 55 60 65 70 75 9999 Total 02127.'-9 9 4 2 0 0 0 0 0 0 0 0 0 0 0 15 01D0 5 0 0 0 0 0 0 0 0 0 0 0 0 0 5 0200 3 4 1 1 0 0 0 0 0 0 0 0 0 0 9 03A0 2 3 1 0 0 0 0 0 0 0 0 0 0 0 6 0400 1 1 0 0 0 0 0 0 0 0 0 0 0 0 2 05W 1 4 0 0 0 0 0 0 0 0 0 0 0 0 5 06d0 1 8 2 0 0 0 0 0 0 0 0 0 0 0 11 07M 4 14 7 1 0 0 0 0 0 0 0 0 0 0 26 08D0 12 12 18 4 0 0 0 0 0 0 0 0 0 0 46 0990 12 20 17 2 0 0 0 0 0 0 0 0 0 0 51 1000 17 22 11 1 0 0 0 0 0 0 0 0 0 0 51 1190 22 24 12 1 0 0 0 0 0 0 0 0 0 0 59 12 PM 31 33 8 0 0 0 0 0 0 0 0 0 0 0 72 11,00 67 30 9 1 0 0 0 0 0 0 0 0 0 0 107 14.00 42 28 10 0 0 0 0 0 0 0 0 0 0 0 80 15:00 19 28 5 1 0 0 0 0 0 0 0 0 0 0 53 16'.00 33 21 9 2 0 0 0 0 0 0 0 0 0 0 65 17.00 16 16 3 2 1 0 0 0 0 0 0 0 0 0 38 1800 26 15 4 1 0 0 0 0 0 0 0 0 0 0 46 1900 32 21 2 2 0 0 0 0 0 0 0 0 0 0 57 20:00 24 9 8 0 0 0 0 0 0 0 0 0 0 0 41 21:00 9 27 5 0 0 0 0 0 0 0 0 0 0 0 41 22:00 21 36 6 0 0 0 0 0 0 0 0 0 0 0 63 23:OC 13 27 2 0 0 0 0 0 0 0 0 0 0 0 42 To'z 422 407 142 19 1 0 0 0 0 0 0 0 0 0 991 73 KA Richard Garcia & Associates, Inc. Page 8065 NW 98 Street Hialeah Gardens, Florida 33016 Site Code: Phone: 305-362-0677 Station ID: 20812 Fax: 305-675-6474 SW 78 STREET EAST OF USt Latitude: 0' 0.0000 Undefined EASTBOUND Start 0 16 21 26 31 36 41 46 51 56 61 66 71 76 Time 15 20 25 30 35 40 45 50 55 60 65 70 75 9999 Total 02128119 7 1 1 0 0 0 0 0 0 0 0 0 0 0 9 01:00 2 11 1 0 0 0 0 0 0 0 0 0 0 0 14 02:00 6 1 1 0 0 0 0 0 0 0 0 0 0 0 8 03:00 2 1 0 0 0 0 0 0 0 0 0 0 0 0 3 04:00 2 0 0 0 0 0 0 0 0 0 0 0 0 0 2 05:00 2 0 0 0 0 0 0 0 0 0 0 0 0 0 2 06:00 4 5 1 2 0 0 0 0 0 0 0 0 0 0 12 07:00 7 8 13 2 0 0 0 0 0 0 0 0 0 0 30 08:00 5 16 19 1 0 0 0 0 0 0 0 0 0 0 41 09:00 15 16 14 1 0 0 0 0 0 0 0 0 0 0 46 10:00 11 24 15 5 0 0 0 0 0 0 0 0 0 0 55 11:00 23 13 11 0 0 0 0 0 0 0 0 0 0 0 47 12 PM 24 53 19 0 0 0 0 0 0 0 0 0 0 0 96 13:00 24 34 15 2 0 0 0 0 0 0 0 0 0 0 75 14:00 32 42 14 1 0 0 0 0 0 0 0 0 0 0 89 15:00 29 24 6 0 0 0 0 0 0 0 0 0 0 0 59 16:00 28 19 7 1 0 0 0 0 0 0 0 0 0 0 55 17:00 19 17 4 0 0 0 0 0 0 0 0 0 0 0 40 18:00 21 18 7 0 0 0 0 0 0 0 0 0 0 0 46 19A0 26 26 8 0 0 0 0 0 0 0 0 0 0 0 60 20:00 25 21 15 0 0 0 0 0 0 0 0 0 0 0 61 21:00 25 18 7 0 0 0 0 0 0 0 0 0 0 0 50 22:00 35 7 4 0 0 0 0 0 0 0 0 0 0 0 46 23-00 24 32 1 0 0 0 0 0 0 0 0 0 0 0 57 Total 398 407 183 15 0 0 0 0 a 0 0 0 0 0 1003 Grand 820 814 325 34 1 0 0 0 0 0 0 0 0 0 1994 Total 151h Percentile: 5 MPH 50th Percentile: 16 MPH 85th Percentile : 21 MPH 95th Percentile : 24 MPH Stars Mean Speed(Average) : 15 MPH 10 MPH Pace Speed: 16-25 MPH Number in Pace : 1169 Percent in Pace : 58.6% Number of Vehkles>55 MPH: 0 Percent of Vehicles> 55 MPH: 0.0% 74 WESTBOUND Richard Garcia & Associates, Inc. 8065 NW 98 Street Hialeah Gardens, Florida 33016 Phone: 305-362-0677 Fax: 305-675-6474 Page 1 Site Code: Station ID: 20814 SW 78 STREET WEST OF SW 63 AVENUE Latitude: 0' 0.0000 Undefined Start 0 16 21 26 31 36 41 46 51 56 61 66 71 Time 15 20 25 30 35 40 45 50 55 60 65 70 75 Total 0227T • 3 0' C) 2 0 1 0 0 0 0 0 0 0 0 0 0 3 02C) 0 2 0 0 0 .0 0 0 0 0 0 0 0 2 030 1 0 0 0 0 0 0 0 0 0 0 0 0 1 04O 1 1 0 0 0 0 0 0 0 0 0 0 0 2 050) 0 4 0 0 0 0 0 0 0 0 0 0 0 4 06 C) 3 2 2 2 0 0 0 0 0 0 0 0 0 9 07 C) 8 10 6 3 0 0 0 0 0 0 0 0 0 27 0a C) 11 19 7 1 0 0 0 0 0 0 0 0 0 38 09 C 1 12 11 11 0 1 0 0 0 0 0 0 0 0 35 10C) I 8 8 '3 1 0 0 0 0 0 0 0 0 31 1' C) 10 17 21 4 1 0 0 0 0 0 0 0 0 53 12 PM 19 31 24 3 0 0 0 0 0 0 0 0 0 77 1300 11 17 e 0 0 0 0 0 0 0 0 0 0 36 1400 9 31 29 7 0 0 0 0 0 0 0 0 0 76 1500 14 36 26 11 0 0 0 0 0 0 0 0 0 89 1600 44 38 47 11 0 1 0 0 0 0 0 0 0 141 1700 34 45 42 12 2 0 0 0 0 0 0 0 0 135 1800 27 30 24 2 1 0 0 0 0 0 0 0 0 84 1900 13 16 12 0 0 0 0 0 0 0 0 0 0 41 2000 14 15 5 2 0 0 0 0 0 0 0 0 0 36 21:00 7 9 2 1 0 0 0 0 0 0 0 0 0 19 2200 2 1 0 0 0 0 0 0 0 0 0 0 0 3 75 RU Richard Garcia & Associates, Inc. Page 8065 NW 98 Street Hialeah Gardens, Florida 33016 Site Code: Phone:305-362-0677 Station ID: 20814 Fax: 305-675-6474 SW 78 STREET WEST OF SW 63 AVENUE Latitude: 0' 0.0000 Undefined 10 :• RRM, Start 0 16 21 26 31 36 41 46 51 56 61 66 71 Time 15 20 25 30 35 40 45 50 55 60 65 70 75 Total 0228119 0 0 2 1 0 0 0 0 0 0 0 0 0 3 01:00 1 0 0 0 0 0 0 0 0 0 0 0 0 1 02:00 1 2 1 0 0 0 0 0 0 0 0 0 0 4 03:00 1 0 0 0 0 0 0 0 0 0 0 0 0 1 04:00 1 0 0 1 0 0 0 0 0 0 0 0 0 2 05:00 0 3 1 0 0 0 0 0 0 0 0 0 0 4 06:00 3 7 2 1 0 0 0 0 0 0 0 0 0 13 07:00 3 17 8 2 1 0 0 0 0 0 0 0 0 31 08:00 12 18 9 6 1 0 0 0 0 0 0 0 0 46 09:00 6 13 12 5 0 0 0 0 0 0 0 0 0 36 10:00 11 18 13 4 0 0 0 0 0 0 0 0 0 46 11:00 7 22 11 3 0 0 0 0 0 0 0 0 0 43 12 PM 7 26 24 6 0 0 0 0 0 0 0 0 0 63 13:00 10 24 23 2 0 0 0 0 0 0 0 0 0 59 14:00 12 40 57 9 1 0 0 0 0 0 0 0 0 119 15:00 13 31 40 10 1 0 0 0 0 0 0 0 0 95 16:00 24 33 41 9 2 0 0 0 0 0 0 0 0 109 17:00 58 47 51 17 0 0 0 0 0 0 0 0 0 173 18:00 18 49 31 5 0 0 0 0 0 0 0 0 0 103 19:00 11 20 15 1 0 0 0 0 0 0 0 0 0 47 20:00 5 13 4 1 0 0 0 0 0 0 0 0 0 23 21:00 8 6 4 0 0 0 0 0 0 0 0 0 0 18 22:00 3 4 2 1 0 0 0 0 0 0 0 0 0 10 Grand 472 739 632 146 12 1511, Percentile: 10 MPH 501h Percentile : 18 MPH 8511h Percentile : 23 MPH 951h Percentile: 27 MPH Stars Mean Speed(Average) : 18 MPH 10 MPH Paco Speed: 16-26 MPH Number in Pace: 1392 Percent In Pam: 69.5% Number ofVehicies>55 MPH: 0 Percent of VehicleS 155 MPH: 0.0% 2002 76 ML Richard Garcia & Associates, Inc. 8065 NW 98 Street Hialeah Gardens, Florida 33016 Phone:305-362-0677 Fax: 305-675-6474 EASTBOUND Page 3 Site Code: Station ID: 20814 SW 78 STREET WEST OF SW 63 AVENUE Latitude: 0' 0.0000 Undefined Start 0 16 21 26 31 36 41 46 51 56 61 66 71 Time 15 20 25 30 35 40 45 50 55 60 65 70 75 Total 02l27/18 0190 6 0 0 0 0 0 0 0 0 0 0 0 0 6 02M 0 1 0 0 0 0 0 0 0 0 0 0 0 1 03.M 0 2 0 0 0 0 0 0 0 0 0 0 0 2 04A0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0590 0 2 0 0 0 0 0 0 0 0 0 0 0 2 W:00 2 2 3 0 0 0 0 0 0 0 0 0 0 7 07:00 7 9 12 2 0 0 0 0 0 0 0 0 0 30 0890 12 14 22 5 0 0 0 0 0 0 0 0 0 53 09UU 10 18 15 2 0 0 0 0 0 0 0 0 0 45 10:00 16 19 8 1 0 0 0 0 0 0 0 0 0 44 11:W 15 15 8 1 0 0 0 0 0 0 0 0 0 39 12 PM 30 30 7 0 0 0 0 0 0 0 0 0 0 67 13A0 46 21 6 1 0 0 0 0 0 0 0 0 0 74 14:00 33 19 7 0 0 0 0 0 0 0 0 0 0 59 15:00 17 24 5 1 0 0 0 0 0 0 0 0 0 47 161.00 43 26 13 2 0 0 0 0 0 0 0 0 0 84 17:011 25 21 5 2 1 0 0 0 0 0 0 0 0 54 16W 28 15 5 1 0 0 0 0 0 0 0 0 0 49 1990 18 11 1 1 0 0 0 0 0 0 0 0 0 31 20% 18 9 7 0 0 0 0 0 0 0 0 0 0 34 21:00 5 8 3 0 0 0 0 0 0 0 0 0 0 16 22M 9 14 3 0 0 0 0 0 0 0 0 0 0 26 77 Richard Garcia & Associates, Inc. Page 8065 NW 98 Street Hialeah Gardens, Florida 33016 Site Code: Phone: 305-362-0677 Station ID: 20814 Fax: 305-675-6474 SW 78 STREET WEST OF SW 63 AVENUE Latitude: 0' 0.0000 Undefined EASTBOUND Start 0 16 21 26 31 36 41 46 51 56 61 66 71 Time 15 20 25 30 35 40 45 50 55 60 65 70 75 Total 022a119 2 1 1 0 0 0 0 0 0 0 0 0 0 4 01:D0 0 3 0 0 0 0 0 0 0 0 0 0 0 3 02:DO 2 1 0 0 0 0 0 0 0 0 0 0 0 3 D39D 0 D 0 0 0 0 0 0 0 0 0 0 0 0 04:00 0 1 0 0 0 0 0 0 0 0 0 0 0 1 05:00 0 0 0 0 0 0 0 0 0 0 0 0 0 0 06:00 3 5 1 1 0 0 0 0 0 0 0 0 0 10 07:00 8 11 14 2 0 0 0 0 0 0 0 0 0 35 D8:00 5 19 25 1 0 0 0 0 0 0 0 0 0 50 09:00 18 18 16 1 0 0 0 0 0 0 0 0 0 53 10:00 9 21 12 5 0 0 0 0 0 0 0 0 0 47 11:00 18 11 10 0 0 0 0 0 0 0 0 0 0 39 12 PM 16 34 11 0 0 0 0 0 0 0 0 0 0 61 13:00 27 40 17 2 0 0 0 0 0 0 0 0 0 86 14:00 25 36 11 1 0 0 0 0 0 0 0 0 0 73 15:00 3D 23 6 0 0 0 0 0 0 0 0 0 0 59 16:00 31 25 9 1 0 0 0 0 0 0 0 0 0 66 17:00 27 24 5 0 0 0 0 0 0 0 0 0 0 56 18:00 23 20 9 0 0 0 0 0 0 0 0 0 0 52 19:00 20 21 7 0 0 0 0 0 0 0 0 0 0 48 20.00 14 14 7 0 0 0 0 0 0 0 0 0 0 35 21:00 12 9 2 0 0 0 0 0 0 0 0 0 0 23 22:D0 12 5 2 0 0 0 0 0 0 0 0 0 0 19 23:00 6 7 1 0 0 0 0 0 0 0 0 0 0 14 Total 308 34 1166 14 0 0 0 0 0 0 0 0 0 837 Percent 36.8% 41.79% 19.8% 1.7% 0.0% 0.0% 0.0% 0.0% 0.0% 0.0% 0.0% 0.0% 0.0% Grand 651 631 297 33 1 0 0 0 0 0 0 0 0 1613 T 'l 1511h Percentile: 5 MPH 501h Percentile: 16 MPH 85th Percentile: 21 MPH 95th Percentile: 24 MPH Stats Mean Speed(Average): 15 MPH 10 MPH Pace Speed: 16-25 MPH Number in Pace: 952 Percent in Pam: 59.0% Number of Vehicles > 55 MPH: 0 Percent of Vehicles> 55 MPH: 0.0% 78 KA Richard Garcia & Associates, Inc. Page 1 8065 NW 98 Street Hialeah Gardens, Florida 33016 Site Code: Phone: 305-362-0677 Station ID: 20811 Fax: 305-675-6474 SW 78 STREET WEST OF SW 62 AVENUE Latitude: 0' 0.0000 Undefined WESTBOUND Start 0 16 21 26 31 36 41 46 51 56 61 66 71 Time 15 20 25 30 35 40 45 50 55 60 65 70 75 Total OMMS 0 2 0 0 0 0 0 0 0 0 0 0 0 2 01:00 0 0 1 0 0 0 0 0 0 0 0 0 0 1 02.00 0 2 1 0 0 0 0 0 0 0 0 0 0 3 03:M 0 0 0 0 0 0 0 0 0 0 0 0 0 0 04A0 1 0 0 0 0 0 0 0 0 0 0 0 0 1 05:00 0 0 2 0 0 0 0 0 0 0 0 0 0 2 06:M 1 4 1 0 0 0 0 0 0 0 0 0 0 6 07:00 6 13 3 1 0 0 0 0 0 0 0 0 0 23 08A0 3 13 10 6 0 0 0 0 0 0 0 0 0 32 09A0 6 11 10 6 0 0 0 0 0 0 0 0 0 33 10:00 5 15 9 2 2 0 0 0 0 0 0 0 0 33 11:00 6 13 23 10 2 0 0 0 0 0 0 0 0 54 12 PM 8 27 21 11 0 1 0 0 0 0 0 0 0 68 1390 15 13 7 3 0 0 0 0 0 0 0 0 0 38 14:00 17 25 24 15 1 1 0 0 0 0 0 0 0 83 15:00 24 24 34 13 2 0 0 0 0 0 0 0 0 97 16-00 17 48 71 45 6 1 1 0 0 0 0 0 0 189 17.M 15 48 78 46 1 0 0 0 0 0 0 0 0 188 18:00 3 22 45 22 3 0 0 0 0 0 0 0 0 95 19m 5 14 23 7 0 0 0 0 0 0 0 0 0 49 20:00 6 7 15 2 0 0 0 0 0 0 0 0 0 30 21:00 6 4 10 0 2 0 0 0 0 0 0 0 0 22 22A0 1 3 3 1 0 0 0 0 0 0 0 0 0 a 2390 3 5 2 0 0 0 0 0 0 0 0 0 0 10 Taal 148 313 393 190 19 3 1 0 0 0 0 0 0 1067 Percent 13.9% 29.3% 36.8% 17.8% 1.8% 0.3% 0.1% 0.0% 0.0% 0.0% 0.0% 0.0% 0.0% 79 KA Richard Garcia & Associates, Inc. Page 8065 NW 98 Street Hialeah Gardens, Florida 33016 Site Code: Phone:305-362-0677 Station ID: 20811 Fax: 305-675-6474 SW 78 STREET WEST OF SW 62 AVENUE Latitude: 0' 0.0000 Undefined WESTBOUND Start 0 16 21 26 31 36 41 46 51 56 61 66 71 Time 15 20 25 30 35 40 45 50 55 60 65 70 75 Total 02128119 1 2 1 2 0 0 0 0 0 0 0 0 0 6 01:00 0 0 1 0 0 0 0 0 0 0 0 0 0 1 02:00 0 0 4 0 0 0 0 0 0 0 0 0 0 4 03:00 0 0 1 0 0 0 0 0 0 0 0 0 0 1 04:00 0 0 1 1 0 0 0 0 0 0 0 0 0 2 05:00 0 1 1 0 0 0 0 0 0 0 0 0 0 2 06:00 2 6 2 2 0 0 0 0 0 0 0 0 0 12 07:00 5 9 5 4 0 0 0 0 0 0 0 0 0 23 08:00 4 13 15 3 1 1 0 0 0 0 0 0 0 37 09:00 6 6 10 8 1 0 0 0 0 0 0 0 0 31 10:00 2 7 19 6 2 0 0 0 0 0 0 0 0 36 11:00 1 11 17 11 2 1 0 0 0 0 0 0 0 43 12 PM 3 7 25 22 3 1 0 0 0 0 0 0 0 61 13:00 2 13 26 16 3 0 0 0 0 0 0 0 0 60 14:00 6 11 43 45 6 2 0 0 0 1 0 0 0 114 15:00 6 8 36 40 10 0 0 0 0 0 0 0 0 100 16:00 6 25 76 66 9 1 0 0 0 0 0 0 0 183 17:00 5 28 94 70 18 1 0 0 0 0 0 0 0 216 18:00 5 42 31 26 2 0 1 0 0 0 0 0 0 107 19:00 5 13 18 9 1 0 0 0 0 0 0 0 0 46 20:00 6 7 10 8 1 0 0 0 0 0 0 0 0 32 21:00 7 8 a 1 0 0 0 0 0 0 0 0 0 24 22:00 0 3 4 4 0 0 0 0 0 0 0 0 0 11 Grand 223 536 a42 536 78 10 2 0 0 1 0 0 0 2228 15th Percentile : 16 MPH 50th Percentile: 22 MPH 85th Percentile: 27 MPH 95th Percentile: 29 MPH State Mean Speed(Average) : 22 MPH 10 MPH Pace Speed: 16-25 MPH Number in Pace : 1387 Percent in Pam: 62.3% Number of Vehicles > 55 MPH: 1 Percent of Vehicles >55 MPH: 0.0% Richard Garcia & Associates, Inc. Page 8065 NW 98 Street Hialeah Gardens, Florida 33016 Site Code: Phone:305-362-0677 Station ID: 20811 Fax: 305-675-6474 SW 78 STREET WEST OF SW 62 AVENUE Latitude: D' 0.0000 Undefined EASTBOUND Start 0 16 21 26 31 36 41 46 51 56 61 66 71 Time 15 20 25 30 35 40 45 50 55 60 65 70 75 Total 022T,19 0 0 1 0 0 0 0 0 0 0 0 0 0 1 01:00 0 0 0 0 0 0 0 0 0 0 0 0 0 0 02:00 0 0 0 0 0 0 0 0 0 0 0 0 0 0 03:00 0 2 0 0 0 0 0 0 0 0 0 0 0 2 040.) 0 1 0 0 0 0 0 0 0 0 0 0 0 1 0500 2 2 2 0 0 0 0 0 0 0 0 0 0 6 06:00 2 4 2 4 0 0 0 0 0 0 0 0 0 12 07:00 6 9 12 14 5 0 0 0 0 0 0 0 0 46 08:00 5 12 17 20 9 1 1 0 0 0 0 0 0 65 09.00 2 13 13 13 7 0 0 0 0 0 0 0 0 48 10:0•) 4 7 15 7 1 0 0 0 0 0 0 0 0 34 1101) 4 4 10 9 6 0 0 0 0 0 0 0 0 33 12 PM 4 19 17 11 1 0 0 0 0 0 0 0 0 52 1300 16 12 13 7 0 0 1 0 0 0 0 0 0 49 14 W 11 11 13 8 1 0 0 0 0 0 0 0 0 44 150.3 8 12 14 4 0 0 0 0 0 0 0 0 0 38 16:00 11 21 15 10 0 0 0 0 0 0 0 0 0 57 17:00 7 6 21 6 4 1 1 0 0 0 0 0 0 46 18.00 5 9 9 8 1 0 0 0 0 0 0 0 0 32 19:00 2 6 5 3 1 0 0 0 0 0 0 0 0 17 20:00 2 6 6 2 0 0 0 0 0 0 0 0 0 16 21:00 1 1 3 2 0 0 0 0 0 0 0 0 0 7 22:00 2 3 9 0 0 0 0 0 0 0 0 0 0 14 M Richard Garcia & Associates, Inc. Page MA 8065 NW 98 Street Hialeah Gardens, Florida 33016 Site Code: Phone: 305-362-0677 Station ID: 20811 Fax: 305-675-6474 SW 78 STREET WEST OF SW 62 AVENUE Latitude: 0' 0.0000 Undefined AN-1111:1t►l1lnit Start 0 16 21 26 31 36 41 46 51 56 61 66 71 Time 15 20 25 30 35 40 45 50 55 60 65 70 75 Total 02/28119 0 0 2 0 0 0 0 0 0 0 0 0 0 2 01:00 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0200 0 0 0 0 0 0 0 0 0 0 0 0 0 0 03:00 0 1 0 0 0 0 0 0 0 0 0 0 0 1 04:00 0 2 0 0 0 0 0 0 0 0 0 0 0 2 05:00 1 0 2 0 0 0 0 0 0 0 0 0 0 3 06:00 2 4 6 4 0 1 0 0 0 0 0 0 0 17 071.00 5 4 10 13 3 1 0 0 0 0 0 0 0 36 08:00 2 15 26 12 7 0 0 0 0 0 0 0 0 62 09:00 0 7 24 17 3 0 0 0 0 0 0 0 0 51 10:00 0 5 14 15 5 2 0 0 0 0 0 0 0 41 11:00 1 5 10 3 1 2 1 0 0 0 0 0 0 23 12 PM 0 5 19 17 3 0 0 0 0 0 0 0 0 44 13:00 3 11 16 18 2 0 0 1 0 0 0 0 0 51 14:00 5 9 22 13 2 1 0 0 0 0 0 0 0 52 15:00 3 12 22 9 0 0 0 0 0 0 0 0 0 46 16:00 5 14 16 15 1 0 0 0 0 0 0 0 0 51 17:00 5 9 16 9 2 0 0 0 0 0 0 0 0 41 18:00 2 9 9 5 2 0 0 0 0 0 0 0 0 27 19:00 3 7 12 8 0 0 0 0 0 0 0 0 0 30 20:00 2 7 6 4 1 0 0 0 0 0 0 0 0 20 21:00 1 6 5 2 0 0 0 0 0 0 0 0 0 14 22:00 2 3 4 2 0 0 1 0 0 0 0 0 0 12 23:00 1 1 2 2 0 0 0 0 0 0 0 0 0 6 Total 43 136 243 168 32 7 2 1 0 0 0 0 0 632 Percent 6.8% 21.5% 38.4% 26.6% 5.1% 1.1% 0.3% 0.2% 0.0% 0.0% 0.0% 0.0% 0.0% Grand 137 298 441 297 68 9 5 1 0 0 0 0 0 1256 15th Percentile: 15 MPH 50th Percentile: 22 MPH 85th Percentile: 28 MPH 95th Percentile: 31 MPH Stals Mean Speed(Average): 22 MPH 10 MPH Pace Speed: 16-25 MPH Number in Paca: 744 Percent in Paw: 59.2% Number of Vehicles >55 MPH: 0 Percent of Vehicles > 55 MPH : 0.0% iE 2017 PEAK SEASON FACTOR CATEGORY REPORT - REPORT TYPE: ALL CATEGORY: 8701 MIAMI-DADE SOUTH MOCF: 0.99 WEEK DATES SF PSCF 1 01/01/2017 - 01/07/2017 0.99 1.00 2 01/08/2017 - 01/14/2017 1.01 1.02 3 01/15/2017 - 01/21/2017 1.02 1.03 4 01/22/2017 - 01/28/2017 1.01 1.02 5 01/29/2017 - 02/04/2017 1.01 1.02 6 02/05/2017 - 02/11/2017 1.00 1.01 * 7 02/12/2017 - 02/18/2017 0.99 1.00 * - 1.00 * 9 02 /26/2017 - 03/04/2017 0.99 1.00 *10 03 O5 2017 - 03 11 2017 0.99 1.00 *11 03/12/2017 - 03/18/2017 0.99 1.00 *12 03/19/2017 - 03/25/2017 0.99 1.00 *13 03/26/2017 - 04/01/2017 0.99 1.00 *14 04/02/2017 - 04/08/2017 0.98 0.99 *15 04/09/2017 - 04/15/2017 0.98 0.99 *16 04/16/2017 - 04/22/2017 0.98 0.99 *17 04/23/2017 - 04/29/2017 0.99 1.00 *18 04/30/2017 - 05/06/2017 0.99 1.00 *19 05/07/2017 - 05/13/2017 1.00 1.01 20 05/14/2017 - 05/20/2017 1.00 1.01 21 05/21/2017 - 05/27/2017 1.00 1.01 22 05/28/2017 - 06/03/2017 1.00 1.01 23 06/04/2017 - 06/10/2017 1.00 1.01 24 06/11/2017 - 06/17/2017 1.00 1.01 25 06/18/2017 - 06/24/2017 1.00 1.01 26 06/25/2017 - 07/01/2017 1.01 1.02 27 07/02/2017 - 07/08/2017 1.02 1.03 28 07/09/2017 - 07/15/2017 1.02 1.03 29 07/16/2017 - 07/22/2017 1.03 1.04 30 07/23/2017 - 07/29/2017 1.03 1.04 31 07/30/2017 - 08/05/2017 1.02 1.03 32 08/06/2017 - 08/12/2017 1.02 1.03 33 08/13/2017 - 08/19/2017 1.01 1.02 34 08/20/2017 - 08/26/2017 1.01 1.02 35 08/27/2017 - 09/02/2017 1.02 1.03 36 09/03/2017 - 09/09/2017 1.02 1.03 37 09/10/2017 - 09/16/2017 1.03 1.04 38 09/17/2017 - 09/23/2017 1.03 1.04 39 09/24/2017 - 09/30/2017 1.02 1.03 40 10/01/2017 - 10/07/2017 1.02 1.03 41 10/08/2017 - 10/14/2017 1.01 1.02 42 10/15/2017 - 10/21/2017 1.00 1.01 43 10/22/2017 - 10/28/2017 1.00 1.01 44 10/29/2017 - 11/04/2017 1.01 1.02 45 11/05/2017 - 11/11/2017 1.01 1.02 46 11/12/2017 - 11/18/2017 1.01 1.02 47 11/19/2017 - 11/25/2017 1.01 1.02 48 11/26/2017 - 12/02/2017 1.00 1.01 49 12/03/2017 - 12/09/2017 1.00 1.01 50 12/10/2017 - 12/16/2017 0.99 1.00 51 12/17/2017 - 12/23/2017 0.99 1.00 52 12/24/2017 - 12/30/2017 1.01 1.02 53 12/31/2017 - 12/31/2017 1.02 1.03 * PEAK SEASON 02-MAR-2018 15:35:06 830UPD 6 8701 PKSEASON.TXT NR City of South Miami Traffic Calming Study Appendix 2: MDCPWD Traffic Calming Criteria RICHARD GARCIA $ ASSOCIATES, INC. Appendix - 2 - M. TRAFFIC FLOW MODIFICATION(S)/ STREET CLOSURE(S) PROCEDURE MIAMI• PUBLIC WORKS DEPARTMENT TRAFFIC ENGINEERING DIVISION Revised January 2009 m. Traffic Flow Modificatlon(s)/Street Closure(s) Procedure Page 17 PHASE 2: TRAFFIC STUDY BY APPLICANT'S CONSULTANT 2.1. Applicant Engages a Traffic Consultant to Perform a Traffic Study In the event that the action taken by PWD in accordance with Phase 1 procedures is unacceptable to the municipal jurisdiction, or the residents and/or property owners, they have the option of engaging a traffic consultant, at their cost, to conduct an independent traffic study. Should the request be initiated through or by a municipality or the Florida Department of Transportation, then these agencies, at their option, may conduct traffic studies utilizing their staff or a traffic consultant. 2.1.a If the location falls within unincorporated Miami -Dade County, this study is coordinated by PWD. 2.1.b If the location falls within a municipality, the study is coordinated by the municipality and reviewed by the PWD. 2.2. Conduct Pre -implementation Traffic Study The traffic consultant hired by the applicants shall perform a pre -implementation traffic study. This study shall Identify and confirm the applicant's concerns (i.e., traffic intrusion, excessive traffic volume, speeding, traffic accidents, etc.) and determine if the collected traffic data meets PWD traffic calming criteria. On a case -by -case basis, PWD, Traffic Engineering Division, may require the following data depending on the type and complexity of the concerns: 2.2.a License Plate Survey: If the reason for the request is due to traffic intrusions, this survey will be required for confirmation of cut -through traffic. Sampling during the morning and afternoon peak hour periods will be considered adequate. 2.2.b Average Daily Traffic: If the reason for the request is due to an excessive amount of traffic in the area, a sampling of twenty-four (24) will be acceptable, and forty eight (48), or seventy-two (72) hour counts will be preferred. 2.2.c Speed Studies: If the reason for the request is due to speeding, then speed studies are required to confirm vehicular speed. A speeding problem can be verified when the 85th percentile speed of all vehicles is at least 10 mph greater than the posted speed limit. A non -peak hour daytime minimum sampling of 100 vehicles will be considered acceptable. A twenty-four (24) hour speed study utilizing traditional dual hoses will be preferred. 2.2.d Traffic Accident History: If the reason for the request is due to traffic accidents, then traffic accident reports for the last three (3) years are reviewed to confirm accident history. The proposed traffic calming measure shall mitigate significant crashes. 2.2.e Other data and/or studies as needed. T501r¢en Su Tmllie Flow Moadiliman - Slmol ClosweAoc f1 99 Flow PWD, on a needed. Procedure may require additional traffic data or studies 16 2.2.f. If the pre -implementation study reveals that the traffic data does not support PWD Policy for Traffic Calming Measures (Appendices[, II and III) then a final decision of denial is rendered and the process ceases. PWD will notify the applicant of the denial. 2.2.g If the pre -implementation study confirms that a problem exists and the traffic data meets PWD Policy for Traffic Calming Measures (Appendices I, II and III), the applicant may proceed to the next step. 2.3. Identify Traffic Calming Alternatives The consultant shall adopt an area -wide systematic approach to the development of traffic calming alternatives. This approach must work within the overall framework of the existing roadway classification system and encourage community participation. There are three (3) levels of traffic calming ranging from I to III to distinguish those least restrictive (passive) traffic control measures from those that are most restrictive (active). Among the categories, there could be many design variations unique to each device. Ideally, the least restrictive measures to address traffic concerns should be employed first, followed by more active and physical traffic calming devices. This incremental approach allows a cost-effective opportunity to identify the real traffic problem, if any, and better evaluate the impact of more restrictive measures. Keeping the above -staged approach in mind and a handful of traffic calming alternatives available for use on local roads, a typical request for a traffic flow modifications)/street closure(s) might proceed accordingly: 2.3.a The traffic consultant will assess the community's needs. 2.3.b The consultant will generate staged alternative traffic calming plans, including design plans for temporary and permanent traffic calming measures, for approval by PWD, as well as cost estimates. 2.3.b.1 PWD will implement the lowest level of (Level I through Level III) traffic control measures on a temporary basis that, in the consultant's opinion, will satisfy the applicant's concerns. 2.3.b.2 Allow traffic to stabilize and reevaluate traffic patterns after six (6) months. 2.3.b.3 If Level I measures is selected and its impacts are unacceptable, then proceed to Level II and reevaluate more restrictive traffic calming alternatives. If Level II impacts are unacceptable, then proceed to Level III and reevaluate. 2.3.b.4 If the impacts of Level I, II or III measure, so selected are acceptable, PWD will implement permanent traffic control measures, as funding and m Traffic Flow Modification(s)/Street Closure(s) Procedure Page 30 APPENDIX 1 Public Works Department —Traffic Engineering Division Policy on Traffic Calming Measures Must meet the first criteria and at least one of the remaining criteria in order for the Public Works Department to consider traffic calming measures: Criterion Residential Residential Local Streets Collector Streets Minimum Traffic Volume >1,500 VPD <3000"' >3,000 VPD <8,000' >150 VPH <300"' >300 VPH <800 85th Percentile Speed+ 10 MPH> Speed Limit 10 MPH> Speed Limit Correctable Accidents per year >3 per year >6 per year Cut Through Traffic during the a.m. or p.m. peak hour >25% >50% Pedestrian Crossing Volume during the a.m. or p.m. peak >25 >50 hour Concurrence from affected residents/property owners.' 2/3 of returned ballots" 2/3 of returned ballots " VPD = Vehicles per day; VPH = Vehicles per hour + It is the speed at which 85% of motorists travel. Affected residents/property owners to be determined on a case by case basis. " For traffic circle 100% concurrence from adjacent affected residents and or property owners is required. Municipal Jurisdictions: In lieu of concurrence a resolution is acceptable from municipalities. " The traffic volume within a municipal boundary could be reduced by a total of 30%, and speed by 50% at the request of and for those municipalities, which provide funding for their traffic calming program. MIAMFMDE City of South Miami Traffic Calming Study Appendix 3: Analysis & Evaluation of Traffic Calming Criteria RICHARD GARCIA & ASSOCIATES, INC. Appendix -3- :O TABLE: Al Summary of Evaluation for Traffic Calming Measures Project Name: City of South Miami Traffic Calming Study at SW 78 Street Primary Criterion: Other Criterion: Minimum Traffic Volume 851h Percentile Speed Traffic Roadway Link Calming Measure Peak Hour Volume > 150 VPH 85th Percentile Speed: (Mel Both ADT> 1,500 VPD 10 MPH > Posted Speed Limit Criterion) No. Name At AM Peak 1 SW 78 Street east of US 1 (US1 - South Miami Elks Drive) MET NOT MET MET NOT MET NO west of SW 63 Avenue 2 SW 78 Street (South Miami Elks Drive - MET NOT MET MET NOT MET NO SW 63 Avenue) 3 SW 78 Street west of SW 62 Avenue (SW 63 Avenue - SW 62 Avenue) MET NOT MET MET NOT MET NO 0 Richard Garcia and Associates, Inc. 2008 90 TABLE: A2 Minimum Traffic Volume Criterion: ADT Project Name: City of South Miami Traffic Calming Study at SW 78 Street 1 1 2 3 4 5 6 7 8 9 10 11 Roadway Link Adj. Factors Traffic Data (vehicles per day) Percent of Classification Date of Date ADT ADT Threshold ADT> 1,500 VPD Criterion No. Name At SF ACF Direction Day 1 Day 2 Average Calculation (Rounded) Volume Satisfied 1,500 VPD EB 991 1003 997 987 1 SW 78 Street coat of US 1 Local Fob 27. 2019 - 0.99 1.00 2,100 140% MET YES WB 1,047 1,130 1089 1078 (US1 -South Miami Elks Drive) Feb 28, 2019 Link 2,038 2,133 2,088 2,085 west of SW 63 Avenue EB 783 837 810 802 WB 950 1.055 1003 992 2 SW 78 Street (South Miami Epos Drive - Local Fob 27, 2019 - 28, 2019 0 99 1 00 1,800 120% MET YES SW � Avenue)Fob Link 1,733 1,892 1,813 1,794 EB 624 632 628 622 3 SW 78 Street taof SW 62 Av Local Feb 2 2019 - 0.99 1.00 1,700 113% MET YES WB 1,067 1,161 1114 1103 (SW 63 Avenue - SW 62 62 Avenue) Feb 28, 2019 8 Link 1,691 1,793 1,742 1,725 Notes: 1 Roadway Name 2 Location of Courd 3 Ctassificatlon of the artarlat (rink). 4 Date of Count 5 Soasooal Adjustment Factors: Soasonal Factor (SF) & Axto Correction Factor (ACF) 6 Traffic Data 7 AADT Caltwlation=Averago'SF'ACF 8 Rounded AADT as par AASHTOfFDOT guidarrnos 9 Porcent (%) of threshold volume 10 Criterion to consider Traffic Calming Measures. 11 Satisfied Criterion 0 Richard Garda and Associates. Inc. 2008 91 TABLE: A3 Minimum Traffic Volume Criterion: Peak Hour Volumes (AM Peak) Project Name: City of South Miami Traffic Calming Study at SW 78 Street 1 1 2 3 4 5 6 7 8 9 10 Roadway Link Adj. Factors Traffic Data (vehicles per hour) - AM Peak Seasonally Adjusted Peak Two -Way Volume Peak Hour Classification Date of Count Hour Volumes Level of Service Volume > 150 VPH Criterion Satisfied No. Name At SF ACF Direction Da 1 Y Y'Average(2019) Da 2 ES 61 55 58 57 1 SW 78 Street east o1 Local Feb 27' 2019 - 0.99 1.00 C NOT MET NO WB 62 61 62 61 (US1 -South Miami Elks Drive) Feb 28, 2019 Link 121 108 115 113 EB 53 54 54 53 west of SW 63 Avenue Feb 27, 2019 - 2 SW 78 Street (South Miami Elks Drive - Local Feb 28, 2019 0.99 1.00 WB 53 53 53 52 C NOT MET NO SW 63 Avenue) Link 92 96 94 93 EB 66 62 64 63 3 SW 78 Street west of SW 62 Avenue Local Feb 27, 2019 - 0.99 1.00 C NOT MET NO WB 54 49 52 51 (SW 63 Avenue - SW 62 Avenue) Feb 28. 2019 Link 97 99 98 97 Notes: 1 Roadway Name 2 Location of Count 7 Seasonally Adjusted Peak Hour Volumes = Avarage'SF•ACF 3 Classrficatson of the artenal (link) 6 Level of Service (LOS) based on two-way volumes 4 Bain of Count 9 Cnienon to consider Traffic Calming Measures. 5 Seasonal Adjustment Factors- Seasonal Factor (SF) d Ado Correction Factor (ACF) 10 Satisfied Cntenon 6 Traffic Data 0 Richard Garcia and Associates. Inc. 2008 92 TABLE: A3.1 Minimum Traffic Volume Criterion: Peak Hour Volumes (PM Peak) Project Name: City of South Miami Traffic Calming Study at SW 78 Street 1 2 3 4 s 1 6 1 7 1 e 1 9 1 1n Roadway Link Date of AdJ. FactorsTraffic, Data -k Seasonally - olume - Hour Classi0cation Count Hour Service • Criterion Satisfied No. Name At SF ACF • • • tlunne� 1 VPH ES 107 1 96 102 100 1 SW 78 Street eastUS ofLocal Feb 27, 2019- 0.99 1.00 C MET YES WB 112 131 122 120 7 (USi -South Miaml Elks Drive) Feb 28, 2019 Link 171 198 185 183 EB 84 87 86 85 wost of SW 63 Avenue Feb 27, 2019 - WB 164 173 169 167 2 SW 78 Street (South Miami Elks Drive - Local Feb 28. 2019 0.99 1.00 C MET YES SW 63 Avenue) Link 225 1 229 227 225 EB 57 59 58 57 3 SW 78 Street westofSW62Avenue Local Feb 27,2c19- 0.99 1.00 C MET YES WB 213 234 224 221 (SW 63 Avenue - SW 62 Avenue) Feb 28, 2019 Link 246 25-1 252 249 Waal 1 Roadway Nam 2 Lecation of Count Closai5calion of Iho elodal (link). 4 pale of CauN 5 Soaaonel AtlNotnent F.I.: Scasennl Factor ISF) It Arlo Cone cllon Factor (ACF) 6 Traffic Data 7 Soeconady AdiuMod Park Note Volume, -Avort9e'SPACF 6 Lovolet Service 1LnS) bond on Iwo�wny vdumak 9 Catalina to consider Toone Calmin9 Menauma. to SolisloJ criterion 0 Richard Garcia and Associates, Inc. 2008 93 TABLE:A4 85th Percentile Speed Criterion Project Name: City of South Miami Traffic Calming Study at SW 78 Street 2 3 4 5 6 7 8 9 Roadway Link Mean Speed I 851h Percentile 85th Percentile Speed: Criterion Classification Date of Count Direction Average (MPH) Speed (MPH) 10 MPH > Posted Satisfied Speed Limit No. Name At east of US i LocalFeb 27, 2019 - EB 15 21 NOT MET 1 SW 78 Street (US7 -South Miami Elks Drive) (Posted Speed Feb 28, 2019 NO Limit 25 MPH) WB 18 23 NOT MET west of SW 63 Avenue Local Feb 27, 2019 - EB 15 21 NOT MET 2 SW 78 Street (South Miami Elks Drive - (Posted Speed Feb 2 2019 NO SW 63 Avenue) Limit 25 MPH) W B 18 23 NOT MET mist of 62 Avenue Local Feb 27, 2019 - EB 22 28 NOT MET 3 SIN 78 Street (SW 63 Avenuuee - SW 62 Avenue) (Postod Speed Feb 28. 2019 NO Limit 25 MPH) W B 22 27 NOT MET Notas: 1 Rondwny Nnma 2 LacaBan a1 Count 3 Ciasaffl odon of Iho adadal (link). 4 Data of Count 5 Link Dinection 0 Mann Spoad (Averaga) 7 851h Pamendle Spoad 8 Cdtadan to consider Traffic Calming Measuras. 9 Satisfied Crilarion. If 851h percontila 135 MPH (Postod Spoad o125 MPH - 10 MPH). W Richard Garcia and Assocl.tm, Inc. 2008 94 (ci) ozoz/ii/Eo a31Vaan (JI) ozoz/60/EO ARI V1 T029 1129 T229 TE29 T429 TS29 e 59 e OL 6 IL 01 2L aTT �V EL 2T I YL B99 99 \ 99 49 E9 b tt yJ g ®am ��09OT29 �el?°> � 3AV Z9 MS JO IS31A iS 8L MS A9 MONO MY 301S HAUS ONV HIHON S33IA30 9NIW1V0 2133VS11S3N33Nld Zl# 39Vd dVW SVUV CITY OF SOUTH MIAMI AMENDMENT NO. 1 TO THE INTERGOVERNMENTAL AGENCY AGREEMENT WITH MIAMI-DADE COUNTY TO PERFORM TRAFFIC ENGINEERING FUNCTIONS THIS AMENDMENT NO. 1 TO THIS INTERGOVERNMENTAL AGENCY AGREEMENT DATED SEPTEMBER 25, 2014 (the "Agreement') between the CITY OF SOUTH MIAMI, FLORIDA, a municipal corporation of the State of Florida (CITY), and MIAMI-DADE COUNTY (COUNTY), a political subdivision of the State of Florida, providing for the CITY to perform Traffic Engineering Functions ("Services") is entered into this, day ofVPG. 2019. WHEREAS, pursuant to Section 2-95 and 2-96.1 of the Miami -Dade County Code mandate that all traffic control and traffic engineering services in Miami -Dade County are under the exclusive jurisdiction of the County; and WHEREAS, on September 25, 2014, pursuant to City Resolution No 155-14-14249, the CITY and the COUNTY entered into an Intergovernmental Agency Agreement for the City to perform certain traffic engineering functions; and WHEREAS, the CITY desired to assume responsibilities of certain traffic engineering functions pertaining to its local municipal streets only and has requested the COUNTY to allow it to perform the function of conducting engineering studies for the feasibility of traffic calming devices and installing traffic calming; and. WHEREAS, the COUNTY has approved the City to use any other comparative traffic calming criteria established and approved by the COUNTY; and WHEREAS, the City has the ability to plan, design, and perform construction inspection of Transportation Projects within its Public Works Department and has represented to the COUNTY that it is capable, equipped, and qualified to perform the duties and functions requested herein; and WHEREAS, the parties agree that once this Agreement is executed it shall supersede and replace the Interlocal Agreement of September 25, 2014 between the parties; 97 NOW THEREFORE, in consideration of the foregoing, the parties hereby amend the Agreement as follows: 1. Recitals Adoated. The recitals set forth above are incorporated herein by reference and confirmed. 2. Traffic Control Devices. The City may install and maintain only the following designated types of traffic control devices (Traffic Control Devices), and only on those local municipal streets operated and maintained by the City of South Miami within its boundaries, and not less than 250 ft from existing traffic signals, County roadways, State roadways and the boundaries of the City limits; or within school zones, or adjacent to bicycle facilities ( except Sharrow) or hospitals: a) Traffic Circles b) Speed Humps c) Historic Street Name Signs d) In -Street Pedestrian Crossing Signs e) raised intersections 3. Installation. Traffic Calming Devices may be installed on local municipal streets only after sealed and signed design plans have been reviewed and received written approval by the City, through its City Manager or his/her designee, provided that such design plans utilize the standard County design, or the standard City design attached as Exhibit "K, no additional review or approval by DTPW shall be required before installation. To the extent that design plans deviate from the standard design attached as Exhibit " N', such plans shall be submitted to the County for its review and written approval. A copy of such design plans shall be submitted to the applicable Department of the County. For installation of traffic control devices (as described in section 2 of this agreement), the City shall hire a County licensed contractor or perform the work in-house by the City of South Miami Public Works crew. 4. D- The City shall attach a decal to the back of the sign panels indicating ownership and date of installation. 5. Maintenance. The City assumes sole and complete responsibility for the maintenance of the Traffic Control Devices that are installed by the City within its boundaries. The City shall be responsible for the aesthetics of all installed Traffic Control Devices (e.g. peeling, graffiti, flyers, stickers, etc.). If the City fails to maintain the Traffic Control Devices, it shall be responsible for any and all costs incurred by the County to replace or remove them. 6. Liability and Indemnification. The City assumes sole and complete liability for any and all accidents, damages, and/or injuries which may or are alleged to occur or arise out of the installation, operation or maintenance of said traffic control devices, and hereby indemnifies to the extent allowed by 768.28, Florida Statutes, and saves harmless the COUNTY from any and all claims as a result of the installation, operation or maintenance of said traffic control devices. 7. Standards. All Traffic Control Devices installed by the City in accordance with this Agreement shall conform to the applicable requirements established by the following publications including latest revisions: Florida Department of Transportation's Standard Specifications for Road and Bridge Construction. Manual on Uniform Traffic Control Devices for Streets and Highways, U.S. Department of Transportation Federal Highway Administration. Standard Highway Signs, U.S. Department of Transportation, Federal Highway Administration. Miami -Dade County Public Works Standard Detail Manual (available from the Public Works and Waste Management Department, Reproduction Services, 111 NW 1 Street, Suite 1604, Miami, FL 33128). A Policy on Geometric Design of Highways and Streets, American Association of State Highway and Transportation Officials (AASHTO). Roundabouts: An Informational Guide, Federal Highway Administration, U.S. Department of Transportation. Florida Roundabout Guide, Florida Department of Transportation. Florida Bicycle Facilities Planning and Design Handbook, Florida Department of Transportation. Miami -Dade County Traffic Flow Modifications)/Street Closure Procedure, Revised January 2009, or any other comparative criteria available to municipalities which have been approved by the County, with the decision to elect one option or the other to be determined at the City's discretion. 8. Street Name Signs. Should the CITY install street name signs at the same site where a stop -top street name exists, then the CITY shall utilize the other corners of the intersection. Subsequently, the CITY shall remove the COUNTY's stop -top street name signs by an approved sign contractor. All signs and hardware removed shall be dismantled and returned to the Traffic Signals and Signs Division of the COUNTY's Public Works and Waste Management Department. 9. Public Records. The City shall be responsible for keeping records of any and all installations and repairs, and furnishing pertinent documents as and when said records may be requested. The Parties shall each maintain their own respective records and documents associated with this Agreement in accordance with the requirements for records retention set forth in Chapter 119, Florida Statutes. 10. No Waiver of Sovereign Immunity. Notwithstanding any other term in this Agreement, nothing shall be deemed to be a waiver of either the City or the County's immunity or limitation of liability as provided pursuant to Section 768.28, Florida Statutes, as may be amended from time to time. 11. Termination. Either the City or the County may, in their respective sole and complete discretion, terminate this Agreement, with or without cause and/or convenience of the terminating party, upon twenty (20) business days written notice; provided, however, that at the option of the County, the City shall continue to maintain, repair, and be responsible for any Traffic Control Devices installed by the City while this Agreement was in effect. Prior to the termination of this Agreement, however, the City may elect to remove any one or all Traffic Control Devices installed by the City; provided the City shall restore the roadway and area in which the Traffic Control Device was located 100 to the condition that existed before the City's installation. 12. Failure to Cornpiy with Agreement. Upon written notification by the COUNTY, the CITY shall immediately remove any Traffic Control Device, at the Citys sole cost and expense that is not in compliance with the terms of this Agreement. Failure to cant' out any of the duties and responsibilities assumed herein by the City may result in termination of this Agreement, at the sole discretion of the County upon five days' notice. 13. Hea- The headings or captions of sections or paragraphs used in this Agreement are for convenience of reference only and are not intended to define or limit their contents, nor are they to affect the construction of or to be taken into consideration in interpreting this Agreement 14. Ambiguities. The preparation of this Agreement has been a joint effort of the Parties hereto and both Parties have had the benefit of consultation with legal counsel of their choosing prior to its execution. The resulting document shall not, solely as a matter of judicial construction, be construed more severely against one of the Parties than the other. 15. Entir . This Agreement embodies the entire agreement between the Parties with respect to the matters addressed herein. Previous agreements and understandings of the Parties With respect to such matters are null, void, and of no effect. Notwithstanding any other provision contained herein, no third party beneficiaries are created with respect to any claims against the County by virtue of this Agreement 16. Amendments. This Agreement may be amended, modified, or altered, and its material provisions may be waived, only by written instrument, and only if properly executed by all parties hereto. 17. E_ Date. This Agreement shall become effective on the date first written above after such Agreement is fully executed by all parties hereto. 18. Execution. This Agreement may be executed in one or more hard or electronic 101 counterparts, which, when taken together, shall constitute one fully executed instrument 19. Notice. Any notices to be given hereunder shall be in writing and shall be deemed to have been given if sent by hand delivery, recognized overnight courier (e.g., Federal Express), or by written certified U.S. mail, with return receipt requested, addressed to the Party for whom it is intended, at the place specked. The method of delivery shall be consistent among all of the persons listed herein. For the present, the Parties designate the following as the respective places for notice purposes: TO COUNTY: Alice N. Bravo, DTPW Director 701 NW 1 st Court -Suite 1700 Miami, FL 33136 TO CITY: City Manager City of South Miami 6130 Sunset Drive South Miami, FL 33143 IN WITNESS WHEREOF, the City and the County have set their hands the day and year above written. Attest: HARVEY RUVIN, CLERK .............. By <COUONTy m By: 00 . County Mayor or Designee 102 County Deputy Clerk Approved as to form and legal sufficiency: Assistant County Attorney Attest: By: Q By: City Clerk Approved as to form, legality and execution thereof: By: City Attorney CITY OF SOUTH MIAMI 103