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
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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
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STATE9F
: •.46
�aG�20/2019
Florida Registration No. 7 W2?jIIII���`\ Date
RICHARD GARCIA & ASSOCIATES, INC.
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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.
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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)
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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
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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.
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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
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of South Miami Traffic
Figure 2: Roadway Links & Traffic Data
RICHARD GARCIA & ASSOCIATES, INC. Page b
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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
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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.
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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).
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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
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T229
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T429
TS29
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99
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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