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Res No 074-22-15827RESOLUTION NO. 074-22-15827 A Resolution authorizing the City Manager to execute an agreement and to procure professional construction services from M & J Consulting Group Corp. for new park improvements at Vice Mayor Robert C. Welsh Jr. Park. WHEREAS, during the 2020 calendar year, the Mayor and City Commission passed and adopted Resolution numbers 013-20-15453 and 160-20-15600, related to Phase I and Phase II design service work orders for new park improvements at the location which has been designated as the "Vice Mayor Robert C. Welsh Jr. Park"; and WHEREAS, on March l5t, 2022, the Mayor and City Commission passed and adopted Resolution number 023-22-15776, a design service change order for revised contract documents for the development of Vice Mayor Robert C. Welsh Jr. Park; and WHEREAS, in summary, new park improvements entail a basketball half-court, a playground area with poured-in-place protective surface, a prefabricated shelter, an accessible concrete sidewalk, benches, a bike rack, a water fountain, and other park amenities; and WHEREAS, Vice Mayor Robert Welsh had a personal mission to re-forest Miami-Dade County with Dade County Pines (also known as South Florida Slash Pine) and left many small tress so that his mission could continue: and WHEREAS. the new park improvements do not call for Dade County Pines planted near the two signs which name the Park for him: and WHEREAS, Mayor Philips will donate pines to plant near the signs: and WHEREAS, through the Procurement Division, the City's Parks and Recreation Department issued a Request for Proposal ("RFP") on Wednesday, May 5, 2022 for new park improvements at Vice Mayor Robert C. Welsh Jr. Park. The City received responses from four (4) firms as outlined below; and Bidder(s} Bid Price r2r Demolition $185,407.65 M & J Consulting Group Corp. ✓ $417,760.18 Homestead Concrete $460,839.79 Florida Engineering & Development Corp. $488,000 WHEREAS, city staff reviewed bid documents and interviewed the lowest bidder, r2r Demolition, on Friday, June 17, 2022. Staff identified multiple pricing irregularities in the schedule of values provided by r2r Demolition which prompted an interview; and Page 1 of 3 Res. No. 074-22-15827 WHEREAS, there is roughly a variance of more than $170,000 dollars between r2r Demolition's proposal and the City's opinion of probable construction costs. r2r Demolition did not provide a sound reasoning for the price variance during the interview, and it failed to provide a written response post interview for the discrepancies in its proposal after multiple written communication attempts. Furthermore, r2r Demolition has not demonstrated past related experience on projects of this magnitude. After a thorough analysis, city staff does not find r2r Demolition's proposal to be the most responsible; and WHEREAS, city staff finds the second lowest bidder, M & J Consulting Group Corp. ("M&J") to provide the most responsive and responsible proposal. City staff has contacted M&J's references and received positive feedback; and WHEREAS, the proposal/contract amount shall not to exceed $417,760.18. 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 correct and are hereby made a specific part of this resolution upon adoption hereof. Section 2. The City Manager is hereby authorized to execute a contract and to procure professional construction services from M & J Consulting Group Corp. for new park improvements at Vice Mayor Robert C. Welsh Jr. Park in the amount of $417,760.18. The City Manager is also authorized to utilize contingency funds in the amount of $41,776 for unforeseen conditions in the field. The total expenditure shall be charged to the Parks and Recreation Capital Improvement account number 301-2000-572-6450, which has a balance of $1,144,284 before this request was made 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. If the trees will not interfere with the near-by walkways. the City Manager will direct M & J Consulting Group to plant at least one Dade County Pine on each side of both signs. Section 5. 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 will not affect the validity of the remaining portions of this resolution. Section 6. Effective Date. This resolution will become effective immediately upon adoption. PASSED AND ADOPTED this 5th day of~ 2022. Page 2 of 3 Res. No. 074 -22-15827 ATTEST: c~~~ READ AN D APPROVED AS TO FORM, LANGUAGE, LEGALITY, AND EXECUTION TH EREOF ~ '--GR1 A TT ORNEY '1/P COMMISSION V OTE : Mayor Philips: Commissi oner Ha rris: Commissioner Gil: Commissi oner Liebman: Com missioner Corey: Page 3 of 3 4-1 Yea Yea Yea N ay Yea Agenda Item No:2. City Commission Agenda Item Report Meeting Date: July 5, 2022 Submitted by: Quentin Pough Submitting Department: Parks & Recreation Item Type: Resolution Agenda Section: Subject: A Resolution authorizing the City Manager to execute an agreement and to procure professional construction services from M & J Consulting Group Corp. for new park improvements at Vice Mayor Robert C. Welsh Jr. Park. 3/5 (Commissioner Gil) Suggested Action: Attachments: Memo-Welsh Improvements (QP1).docx Resolution-Welsh_Improvements__QP1_.docx Resolution #013-20-15453 (Phase I).pdf Resolution #160-20-15600 (Phase II).pdf Resolution #023-22-15776 (Revision to Design Service Plans).pdf Construction Plans-VM Robert C. Welsh Jr. Park.pdf RFP 2022-10 Bid Tabulation.pdf Proposal Summary RFP PR2022-10 6.7.22 (1).pdf RFP #PR2022-10 Proposal-M&J Consulting Group.pdf DBR Advertisement.pdf City of Coral Gables-Reference Check - M&J.pdf 1 EXHIBIT 4 CONSTRUCTION CONTRACT NEW PARK IMPROVEMENTS AT ROBERT C. WELSH JR. PARK RFP #PRl022-10 THIS CONTRACT was made and entered into on this 5 dg of JULY, 2022, by and between MAJ CONSULTING GROUP CORP .. (hereafter referred to as "Contractor"), and the City of South Miami (hereaher 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. Contraaor 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: FOUR HUNDRED AND SEVENTEEN THOUSAND AND SEVEN HUNDRED SIXTY DOLLARS AND EIGHTEEN CENTS Dollars ($417,760. 18) (Spell Dcllar 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 pare. 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 instruaed 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 Worlc 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 Contraet and the acceptance of such Work by Owner. 8. The Work must be completed in 150 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 $2.300.00 dollars per day. 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 subcontracters and suppliers, Contractor must, at its expense within five (S) 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 I of63 will be deemed to be due under this Contract until such new o r additional security for the faithful performance of the Work is furn ished in the manner and in the form satisfactory to che C ity. I 0 . No additional Work o r extras m ay be done unless the same is dul y authorized in w r it ing, and in advance of the work, by appropriate action by the C ity and in accordance with the Contract Documents. I I. The dat e that this contract was "made and entered into" and it s effective date is the date t hat the contract is th e signed by the C ity or, if the contract is r eq uired co be approved by r e solution of the C ity Commission, then the Effective Date is the date of the resolution approving the Contract whichever is the later dace. 12. All provisions, condit ions and restrictions contained in the bid document entitled Instructions to Respond e nts are made a part of this agreement by reference. Any conflict between chat document and this contract or the exhibits to this contract are t c be r esolved by the City Manager in the managers sole an d absol ute discretion. IN WITNESS WHEREOF, the parties here t o hav e executed thi s Contract on the day and date set forth next co their name below and may be signed in one or more counterparts, each of w hic h will , w ithout proof or accounting for the o ther counterpart, be deemed an original Contract. ATTES TED: " ~ s;go,m,e ~) ~~ f Nken ,Payn ¥ City C le r k 0 CONTRACTOR: M & I CONSUTLING GROUP CORP. Sig nature: __ c_ .... _-_-...::-..:_ -_ -_ -_-1_. _ ____,_ ___ ::i--+--- Print Signatory's Name: __ C_e_s_a_r_D_e_L_u_n_a ______ _ Ti tle of Signatory: __ V_P_-_C_G_C _________ _ OWNER: CITY OF SOUTH MIAMI SignatureQ ~k:o, .._VL,,- Shari Kamali City Manager Read and Approved as to Form, Language, Legality, and Ex ecution Thereof: s;,"':J5;_a!fR C it y Attorney 2 of 63 EXHIBIT 5 CONSTRUCTION CONTRACT GENERAL CONDITIONS NEW PARK IMPROVEMENTS AT ROBERT C. WELSH JR. PARK RF P #PR2022-10 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 refer 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: Addenda; 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. Application foe Paymenc A form approved by the City's consultant (CONSULT ANT), if any, or the City Manager which is to be used by CONTRACTOR in requesting progress payments. ffig; 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. Bidder; 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. Changg 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. ~ 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. Cjey Manager: Includes the City Manager's designee. Construction Observer; An authorized representative of CONSUL TANT, 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 Time; 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 CONSULT ANT in the Supplementary Conditions or, if none, then OWNER's designated representative as identified in the Supplementary Conditions. ~ A period of twenty-four hours measured from the beginning of the day at 12:0 I a.m. and it will be presumed to be a calendar day unless specifically designated as a business day. 3 of63 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 b~ minor "punch list" work. Sygpller: 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. ~ The individual or entity who is an obliger 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. I 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 ( I 0) 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. Forfeiture of Bid Securitr/Performance and Payment Bond if any are required by the applicable RFP; 2.3 Within ten ( I 0) 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 00%) 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 ( I 00%) 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. S of63 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. Contraaoc's Pee-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 Contract Time; 2.5 The Contract Time will commence to run on the date stated in the Notice to Proceed. Starting the Projecc 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 I), prior to the date on which the Contract Time commences to run, except with the written consent of the City Manager. Before Starting Constryctjon; 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 CONSULT ANT any conflict, error, or discrepancy which it may discover. Neither OWNER nor CONSULT ANT 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 CONSULT ANT 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. CONSULT ANT 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 CONSULT ANT 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 6 of63 Subcontractors and other persons and organizations must be submitted as specified in the Contract Documents. Within thirty (30) calendar days after receiving the list, CONSULT ANT will notify CONTRACTOR in writing if either the City Manager or CONSULT ANT has reasonable objection to any Subcontractor, person, or organization on such list. The failure of the City Manager or CONSULT ANT 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 CONSULT ANT to reject defective Work. material or equipment. or any Work. material, or equipment not in conformance with the requirements of the Contract Documents. 2.1 I If, prior to the Notice of Award, the City Manager or CONSULT ANT 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, INTERPRETATION, 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 I. 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 CONSUL TANT'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 CONSULT ANT 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 CONSULT ANT 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 charaaeristics 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 CONSULT ANT, as the material or product so specified. Proposed equivalent 7 of63 items must be approved by CONSULT ANT 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 teehnical interpretations will be made by CONSULTANT as set forth In Section 9.3 below. 3.11 CONTRACTOR must advise CONSULT ANT, prior to performing any work involving a conflict in the Contract Documents and CONSULT ANT 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. CONSUL TANT 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 Availabilit)' of Lands: 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/ CONSULT ANT 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 Sjte 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. I Subsurface or latent physical conditions at the site differing materially from those indicated in the Contract Documents, and 8 of63 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 investiga te the conditions, and if it finds chat 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 chis 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 C ity Manager or CONSULT ANT. ARTICLE S -INSURANCE Contractor muse comply with the insurance requirements sec forth in the Supplementary Conditions co the Contract. ARTICLE 6 -CONTRACTOR'S RESPONSIBILITIES Supervision and Superintendence: 6.1 CONTRACTOR muse supervise and direct the Work. le will be solely responsible for the means, methods, techniques, sequences, and procedures of construction. CONTRACTOR muse employ and maintain a qualified s u pervisor or superintendent (hereinafter referred co as "Supervisor" at the Work site who muse be designated in writing by CONTRACTOR, before CONTRACTOR commences the Work and within the t ime required by the Contract, as CONTRACTOR'S representative at the site. The Supervisor or the person designated will have fu ll authority co ace on behalf of CONTRACTOR and all communications given to the Supervisor will be as binding as if given co CONTRACTOR. The Supervisor(s) will always be present at each site as required co perform adequate supervision and coordination of the Work. (Copies of written communications given co the Supervisor will be mailed co 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 ac all times and in good order and annotated to show all changes made during the construction process. These muse be ava ilable co CONSULT ANT and any OWNER Representative at all reasonable times. A sec of "As-Bu ilt" drawi ngs , as well as the original Specifications , Drawings, Addenda, Modifications and Shop Drawings with annotations, will be made available to C ity Manager ac all times and it must be delivered to the City Manager upon completion of the Project. labor, Materials and Equ ipment: 6.2 CONTRACTOR muse provide competent, suitably qualifi ed personnel to lay out the Work and perform construction as required by the Contract Documents. le muse always maintain good discipline and order at che site. 6.3 CONTRACTOR must furnish all materials, equipment, labor, transportation, construction equip ment and machinery, cools. appliances, fuel, power, light, heat, local telephone, water and sanitary facilities and all ocher facilities and incidentals necessary for the execution, testing. initial operation. and completion of the Work. 6.4 All materials and equipment muse 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 co the site in their original packages or containers with seals unbroken and labels intact. 6.5 All materials and equipment muse be applied, installed, connected, erected, used, cleaned, and conditioned in accordance with the instructions o f the applicable manufacturer, fabricator, or processors, except as otherwise provided in che Contract Documents. Work, Materials, Equ ipment, Products and Substitutions; 6 .6 Materials, equipment and products incorporated in the Work muse be approved for use before being purchased by CONTRACTOR. CONTRACTOR must submit co CONSULT ANT a list of proposed materia ls, equipment, or products. together with such samples as may be necessary for chem co determine their acceptability and obtain their approval, within ninety (90) calendar days after award of Contract un less otherwise stipul ated in the Special Conditions. No request for payment for "or equal" equipment will be approved until ch is lis t has been received and approved by CONSULT ANT. 6.6. I Whenever a material, article or piece of equipment is identified on che Drawings or Specifications by reference co brand name or catalog number. it is understood that chis is referenced for the 9 of 63 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 CONSUL TANT, such material, article, or piece of equipment is of equal substance and function to that specified, CONSULT ANT 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 CONSULT ANT 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 produas 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. 6.6.5 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 Worlc. 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 CONSULT ANT may have reasonable objection, nor will CONTRACTOR be required to employ any Subcontractor who has been accepted by the City Manager and CONSULT ANT, unless CONSULT ANT determines that there is good cause for doing so. 6.8 CONTRACTOR is 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 CONSULT ANT 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 CONSULT ANT 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 CONSUL TANT 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. 10 of63 6.1 I All Work performed for CONTRACTOR by a Subcontractor must be pursuant to an appropriate agreement between CONTRACTOR and the Subcontractor. 6.12 CONTRACTOR is responsible for the coordination of the trades, subcontractors, material, and men engaged upon their Work. 6.12.1 CONTRACTOR must insert in all subcontracts relative to the Work appropriate provisions to bind Subcontraaors 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 CONSUL TANT will not undertake to settle any differences between CONTRACTOR and their Subcontractors or between Subcontractors. 6.12.3 If in the opinion of CONSULT ANT. any Subcontractor on the Project proves to be incompetent or otherwise unsatisfactory, they must be promptly replaced by CONTRACTOR when directed by CONSULT ANT 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 Royalties; 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 CONSULT ANT and anyone directly or indirectly employed by either of them from against all claims, damages, losses, and expenses (including attorney's 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 Lighting: 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 CONSUL TANT. 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 Rg&LJlations: 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 CONSUL TANT 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 CONSULT ANT, 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: 6.17 A 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. 11 of63 Taxes: 6.18 Cost of all applicable sales, consumer use. and other wees for which CONTRACTOR is liable under the Contract must be included in the Contract Price stated by CONTRACTOR. Safmy and Protection; 6.19 CONTRACTOR is 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 CONSUL TANT or City Manager, is obligated to act. at his discretion, to prevent threatened damage, injury, or loss. He must give CONSULT ANT 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 entitles 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 11 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 CONSUL TANT for review, in accordance with the accepted schedule of shop drawing submissions, six (6) copies (or at CONSULT ANT 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 CONSUL TANT 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 CONSULT ANT to review the information without any unnecessary investigation. 6.23 CONTRACTOR must also submit to CONSUL TANT 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, manufacrurer, any pertinent catalog numbers, and the use for which intended. 6.24 At the time of each submission, CONTRACTOR must notify CONSUL TANT, in writing, of any deviations between the Shop Drawings or samples and the requirements of the Contract Documents. 6.25 CONSULT ANT 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 CONSULT ANT and must return the required number of corrected copies of Shop Drawings and resubmit new samples until the review is satisfactory to CONSUL TANT. CONTRACTOR must notify CONSULT ANT, 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 CONSUL TANT that CONTRACTOR has either determined and/or verified all quantities, dimension, field construction criteria, materials, catalog numbers 12 of 63 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 CONSUL TANT. 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 CONSULT ANT, in writing, to each deviation at the time of submission and CONSULT ANT has given written approval to the specific deviation, nor may any review by CONSULT ANT relieve CONTRACTOR from responsibility for errors or omissions in the Shop Drawings or samples. 6.27 A CONTRACTOR is liable to OWNER for any additional cost or delay that is caused by its failure to notify CONSULT ANT 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 Safei;y: 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. Sanitary 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 CONSUL TANT, excluding only those claims that allege that the injuries arose out of the sole negligence of OWNER or CONSUL TANT. 13 of63 6.34 The obligations of CONTRACTOR under paragraph 6.33 will not extend to the liability of CONSULT ANT, 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 CONSULT ANT, its agents or employees provided such aa 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. I 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. Responsibilig, for Connection to Existing Work; 6.35 CONTRACTOR must conneet 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 CONSUL TANT 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 CONSULT ANT 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 Govemmental Departments, 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'1 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 Premjses: 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 CONSUL TANT and City Manager, and may not unnecessarily encumber any part of the site or any areas off site. 6.38.1 CONTRACTOR may 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 CONSUL TANT and OWNER as well as their instructions with regard to signs, advertisements, fires, and smoking. 14 of63 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 CONSUL TANT. All such facilities must be furnished in strict accordance with existing governing regulations. Field offices must include telephone facilities. Protection of Existing Propen;y 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. ARTICLE 7 -WORK BY OTHERS. 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 CONSUL TANT 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 CONSULT ANT 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 CONSUL TANT. 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 CONSUL TANT 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. 15 of 63 7. IO 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 CONSULT ANT. 8.2 In cases of termination of employment of CONSULTANT, the City Manager will appoint a CONSULT ANT whose status under the Contract Documents will be that of the former CONSULT ANT. 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. City's Representatiye: 9.1 CONSUL TANT will be OWNER'S representative during the construction period. The duties and responsibilities and the limitations of authority of CONSUL TANT 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 CONSUL TANT. 9.1.1 CONSULT ANrs 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 CONSUL TANT 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 CONSUL TANT 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. Clarifications 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 Quantities: 9.4 All Work completed under the Contract will be measured by CONSULT ANT according to the United States Standard Measures. All linear surface measurements will be made horizontally or vertically as required by the item measured. Rejecting Defectiye Work: 9.5 CONSULT ANT 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 CONSULT ANT 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 16 of63 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, Changg 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 CONSULTANrs 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. Dec;sions on Disagreements; 9. IO CONSULT ANT 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. I 0.1 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 CONSULT ANT 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. I 0.2 CONSULT ANT 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 CONSUL TANrs Field Order would entitles 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. I 0.3 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 I 0.2. I 0.4 The City Manager will execute appropriate Change Orders prepared by CONSULT ANT 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 CONSULT ANT. I 0.5 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 11 -CHANGE OF CONTRACT PRICE. 17 of63 I 1.1 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. I 1.2 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: 11.2.1 Specifications (including drawings and designs); 11.2.2 Method or manner of performance of the Work. I 1.2.3 OWNER-furnished facilities, equipment, materials, services, or site; or I 1.2.4 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 entide 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. I 1.4 When a Change Order is issued by CONSULT ANT 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. I 1.5 If CONTRACTOR intends to assert a claim for an equitable adjustment or contest the equitable adjustment made by CONSUL TANT, it must, within ten ( I 0) calendar days after receipt of a written Change Order, submit to the City Manager and CONSULT ANT 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 I 1.7 and I 1.8. I 1.6 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 I 5%. If CONTRACTOR disagrees with CONSUL TANT'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: I 1.8.1 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. I 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 falls 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 18 of63 materials and equipment will accrue to OWNER, and CONTRACTOR must make provisions so that they may be obtained. I I .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 Oty Manager who will then determine, with the advice of CONSUL TANT. 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 I 1.8 and in such case the word "Subcontractor" will be substituted for the word "CONTRACTOR". I 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 CONSULT ANT, and the coses 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 pares must cease when the use thereof is no longer necessary for the Work. I 1.8.5 Sales, use or similar taxes related to the Work, and for which CONTRACTOR is liable, imposed by any governmental authority. I 1.8.6 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. I 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. I 1.8.9 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 11.5. 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. 11.9.4 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. I 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 I 1.8. 11.10 CONTRACTOR'S fee which will be allowed to CONTRACTOR for its overhead and profit will be determined as follows: I I. I 0.1 A mutually acceptable firm fixed price; or if none can be agreed upon. 11.10.2 A mutually acceptable fixed percentage (not to exceed 15%). 11.1 I 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 I 1.8. When both additions and credits are involved in any one change, the net will be computed to indude overhead and profit. identified separately, for both additions and credit. provided however, CONTRACTOR will not be entided 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. 19 of 63 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 dme, 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 wilt 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 including supporting data. All claims for adjustment in the Contract Time will be evaluated and recommended by CONSULT ANT, 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 consuuction 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 21st 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 CONSULT ANT 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. I 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 (I) year from the date of Final Acceptance as indicated in CONSULT ANT 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 20 of 63 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 CONSULT ANT Letter of Recommendation of Acceptance. if issued, the Certificate of Occupancy, if issued, or the Certificate of Compledon, 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 ( I 0) 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 diligendy and in accordance with the Contraet 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.S 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 (S) 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 Oty 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. 13.6 If equipment is being provided, the standard manufacturer's warranty information must be delivered to OWNER for all equipment being proposed and, if required by the warranty, such equipment must be installed by an authorized installer before final payment is made. If the manufacturer's warranty is issued to the respondent/contractor, Respondent/Contractor must assign it to the City. ARTICLE 14 -PAYMENTS AND COMPLETION. Pa,yments 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 ( I 0) calendar days before each progress payment falls due (but not more often than once a month), CONTRACTOR must submit to CONSULT ANT 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 CONSULT ANT 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 I 00% 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. CONSULT ANT will within ten ( I 0) 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 21 of63 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 five (5%) 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, direcdy 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 Tide 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'1; 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 CONSUL TANT's approval of any payment requested in an Application for Payment will constitute a representation by him to OWNER, based on CONSUL TANTs 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 entided to payment of the amount approved. However, the approval of such payment does not mean and may not imply that CONSULT ANT 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 entided 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 22 of 63 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 CONSUL TANT 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 Seaion 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 corrected Defective Work or completed the Work in accordance with Article 13. 14.6.6 of unsatisfaaory 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 contraaors on the Projea 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 CONSUL TANT, 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 into 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 14.1 I 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 aa and neglect of OWNER and others relating to or arising out of this Work. Any payment, however, 23 of 63 final, or otherwise, will 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. I 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 CONSULT ANT. 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 CONSUL TANT. 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 I 5.2 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 CONSULT ANT. 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 entided 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. 24 of 63 I 5.4 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 5.4A 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 I 5.5 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 Ma,y Stgp Work or Terminate I 5.6 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 CONSUL TANT 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 CONSULT ANT, 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 CONSUL TANT, 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 CONSULT ANT has failed to act on an Application for Payment or OWNER has failed to make any payment as afore said, CONTRACTOR may upon ten ( I 0) calendar days' notice to the City Manager and CONSUL TANT 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 CONSULT ANT is an independent contractor of OWNER, CONSUL TANT 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 CONSULTANrs request, agrees to provide CONSULT ANT with a written indemnification and hold harmless agreement to indemnify and hold CONSULT ANT harmless as to any decision in this regard before CONSULT ANT 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 -MISCELLANEOUS, 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 CONSULT ANT 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 CONSUL TANT 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. 25 of 63 ARTICLE 17 -WAIVER OF IURY 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. ARTICLE 18 -ATTORNEYS FEES IURISDICTION / VENUE / 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 (5) business day's written notice. 19.2 CONTRACTOR and all of its subcontractors are required to comply with the public records law (s. I 19.0701) 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 electr0nically 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 305-663-6340; E-mail: npayne@southmiamifl.gov; 6130 Sunset Drive, 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. ARTICLE 20-SEVERABILITY. 26 of 63 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 effeet, 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 21-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 joindy 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 Contraet 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. ARTICLE 24-E-YERIFY(448.095(2) 24.1 As a condition precedent to entering into this Agreement, and in compliance with Section 448.095, Fla. Stat., Contractor, and its subcontractors must register with and use the E-Verify system to verify work authorization status of all employees hired after January I, 2021. 24.1.1 Contraetor must require each of its subcontractors to provide Contractor with an affidavit stating that the subcontraetor does not employ, contract with, or subcontract with an unauthorized alien. Contractor must maintain a copy of the subcontractor's affidavit as part of and pursuant to the records retention requirements of this Agreement. 24.1.2 The City, Contractor, or any subcontractor who has a good faith belief that a person or entity with which it is contracting has knowingly violated Section 448.09( I}, Fla. Stat. or the provisions of this section must terminate the contract with the person or entity. 24.1.3 The City, upon good faith belief that a subcontractor knowingly violated the provisions of this section, but that the Contractor otherwise complied, must promptly notify Contractor and Contractor must immediately terminate the contract with the subcontractor. 24.1.4 A contract terminated under the provisions of this Section is not a breach of contract and may not be considered such. 24.1.S Any contract termination under the provisions of this Section may be challenged no later than 20 calendar days after the date on which this Agreement is terminated pursuant to paragraph b. or c. above. 24.1.6 Contractor acknowledges that upon termination of this Agreement by the City for a violation of this Section by Contractor, Contractor may not be awarded a public contract for at least one (I) year. Contractor further acknowledges that Contractor is liable for any additional costs incurred by the City as a result of termination of any contract for a violation of this Section. 27 of 63 24.1.7 Subcontract.s. Contractor or s ubcontractor must insert in any subcontracts the clau ses sec forth in this Section, includ ing chis Subsection, requiring the s u bcont ract o rs to include these clauses in any lower t ier s ubcontracts. Contractor is responsible for compliance by any subcontractor o r lower t ier subcontractor with the cla uses set forth in this Section and Contractor's fail ure to e nforce compliance is a substantial and material breach of this Agreement. ARTICLE 25 -ANTI DISCRINIMATION 2 5.1 C ontractor and all of its employees, subcontractors and subconsultants, while performing work for the City, including the hiring and r etention of employees for the performance of Work, ar e prohibited from discriminati ng agains t anyone on the basis of race, color, religious fa mily status, sex (incl uding sexual orientation, gender identit y and intersexuality), height, weight, domestic partnership status, labor organization membership , political affil iation, national origi n, age, disability or any o ther classification that is federally defined as a "pr otected class" and Contractor must take all st eps necessary to prevent such discrimination by all of its employees, subcontractors and subconsultants who are performing work for the City and muse ensure nondis crimination in all programs, services and activities that are part of the Scope of Services. A violation o f chi s paragraph is a s ubstantial, material breach of this Contract. 2 5.2 Contractor muse include in all of its subcontracts the following clause: "S u bcontractors and all o f their employees, s ubcontractors a nd s ubconsulcants, while performing work for the C ity, including t he hiring and r etention of employees for ch e performance o f Work. are prohibited from di scriminating against anyone on the basis of race, color , religious fam il y status, sex (in cl uding sexual o r ientation, gender identity and intersexuali cy), heigh t, weight, domestic partnership statu s, labor organization membership, politica l affiliation, national origin, age, disabili ty or any ocher classificat ion that is federa lly defined as a "protected class". Subcontractors must take all steps necessary co prevent such di scrimina t ion by all of their employees, s ubcontractors and subconsulcancs who ar e performing work fo r the City and muse e ns ure nondiscrimination in all programs, services and act ivities that a r e part of the Scope of Services. A violation of this par agraph is a substantial, material breach of this Subcontract." IN WITNESS WHEREOF, the parties hereto ha~ executed th\G eneral Conditions to acknowledge their inclusion as part of the Contract Documents on chis R day of .:K,e ~ L , 20ll:,_ t ATTESTED: S;ga,wce u~~ Nkeng . Payne C ity C lerk Read and Approved as to Form, Language, Legality, a nd Execution Thereof: CONT RACTOR: M & I CONSUTLING GROUP CORP. Signature: c:___ :::1. ~ :::f Print Signatory's N ame: Cesar De Lun a T itle o f Signatory: _V_P_-_C_G_C _______ _ OWNER: CITY OF SOUTH MIAMI Signatu r e: Shari Kamali City Manager END OF SECTI ON 28 of 63 EXHIBIT 6 Supplementary Conditions CONSTRUCTION CONTRACT NEW PARK IMPROVEMENTS AT ROBERT C. WELSH JR. PARK RFP #PR2022-I 0 A Consultant : In accordance with ARTICLE I of the G e neral Condit ions the consultant (CONSULT ANT) is defined as the person identified as the consultant in the Supple me ntary Conditions or if none, then OWNER's designated representative as identified in the Supplementary Conditions. CONSUL TANT's, if any, and OWNER's Designa ted Representative's na me, a ddress. telephone number and facsim ile number are as follows: Consultant NONE B. Termination or Substitution of Consultant: Nothing herein will prevent the City Manager from t erminating the servi ces o f CONSUL TANT or from s ubstituting another "person" co ace as CONSUL TANT. C. Plans for Construction: CONTRACTOR will be furn ished ONE (I) secs of Contract Documents without charge. Any addit iona l copies required will b e furn ished co CONTRACTOR at a cost t o CONTRACTOR equa l co the reproducti on 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 attach e d EXHIBIT I, A ttachme nts A, B, C & D to the RFP and if there is a conflict the attached Exh ibit will take precedence. E. Contractor must comply with the insurance and indemnification requirements is sec forth in the RFP and in the document sec forth in the attached EXHIBIT 2 to t he RFP and if there is a conflict the attached Exh ibi t w ill cake precedence. F. T he Work must be completed in 150 calendar days un less a shorter time is set forth in the Contract and in such event the Contract will take p recedent notwithstanding a ny provision in the General Conditions to the Contract that may be co the contrary. G. CONTRACTOR has reviewed and c hecked all information and data with respect co existing Undergroun d Faciliti es or conditions ac or contiguous co the site and assumes responsibility for the accurate location of all Underground Faciliti e s and conditions chat may affect the Work. It is agr eed by the parties that no additional examina t ions, investigations, explorations, tests, reports or si m ilar informat ion or data in respect t o any Underground Facil iti es or conditions are, or will be, required by CONT RACTOR co perform and fu rn is h the Work at che Contract Price, w ithin the Contract T ime and in accordance with t he o cher terms and conditions of the Contract Documents. H . CONTRACTOR has given the C ity Mana ger written notice of all conflicts, e r ror s or discrepanci es chat 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 th e C ity Manager, chat CONTRACTOR ha s received s ufficient notice of the r esolution thereof from the C ity Manager, that such resolution is acceptable co CONTRACTOR and that CONTRACTOR waives any cla im regarding the conflicts, errors or d iscrepancies. IN WITNESS WHEREOF, the parties here to have ~cuced th e S~mentary Conditions to acknowledge the ir in cl usion as pare of the Contract on this ~ day of ~ \... c , 20...:::tJ, y ATTESTED : Sigoawcec l\) \II oJll ,h 4 Nken~APay City C le rk Read and Approved as t o Form, La Legal ity, and ~n There CONTRACTOR: M & I CONSUTLING GROUP CORP. Signature: __ c::.::.::.::::::::::_:1 ....... _~ ___ =-f__._ __ _ Prine Signatory's Name: __ c_e_s_a_r_D_e_L_u_n_a ______ _ Ti tle of Signatory: __ V_P_-C_G_C ________ _ 29 of 63 OWNE~: CITY °::TH~~: ' S1gnature: _~ __ ...,,,,.:::c,._ _ ___;:==----- Shari Kamali City Manager EXHIBIT I SCOPE OF SERVICES ATTACHMENT A NEW PARK IMPROVEMENTS AT ROBERT C. WELSH JR. PARK RFP #PR2022-I 0 I. GENERAL REQUIREMENTS: The work specified in this Request for Proposal (RFP) consists of furnishing all goods, materials, supplies, and services necessary to provide a completed project that meets all of the needs described in this Scope of Services and as otherwise described in this RFP (the "Work"). The Work is to be performed per specifications and the contract documents. The Work is to be performed in accordance with the specifications and the contract documents (as defined in the Instructions for Respondents) that are provided to the Contractor by the City as well as in accordance with those plans, drawings and specifications that are required to be produced by the Contractor and that are approved by the City. This includes but is not limited to keeping the project site clean and safe; the furnishing all labor of the Contractor and the labor of all allowable subcontractors; providing dumpster(s); disposing of materials; providing all necessary engineering and architectural plans, drawings and technical specifications; all permits; all necessary equipment, including rental equipment, machinery, tools, transportation and freight; coordination with any other City contractor, subcontractors and utility companies (i.e. power, gas, water); erecting construction safety measures, including fencing, privacy screening and cones, and ensuring that the safety measure are in place at the end of each working day; root pruning and sod restoration at affected areas to the City's satisfaction; cleaning the construction site at the end of each working day; maintenance of traffic and hiring of off duty City police officer if required by the City; and any other goods and services necessary to perform all of the Work. Prior to any digging, Contractor must locate all underground utilities and other facilities as well as contacting Sunshine 811 to coordinate the process between excavators and member utilities in Florida so that the utilities can mark the approximate location of all their underground facilities, including power lines, telephone lines, pipes, and cables on construction site. In all cases, it is the responsibility of Contractor to obtain and pay for all licenses and other permits (including tree permits), provide signed and seal footing and foundation specifications for permitting, as well as all laboratory tests, engineering and architectural specifications, drawings and plans that are necessary to secure any and all permits and licenses required to complete Work. In addition, Contractor will be required to obtain, pay for, and deliver to the City as-built plans for all of the Work. Permit fees are waived for permits required to be issued directly by the City of South Miami. Permit fees charged by other government entities, if required, are the responsibility of the Respondent/Contractor; however, in all cases; it is the responsibility of Respondent/Contractor to secure any and all permits that may be required for this project. All of the Work must be reflected in the Respondent's proposal and Schedule of Values Form found in the Scope of Services, Exhibit I, Attachment D. Jlqff)SJ All work is to be completed in accordance with specifications, engineering construction drawings, and in accordance with the terms and conditions described in Exhibit I, Scope of Services, Attachments A, B, C & Dall federal, state and local requirements, guidelines and regulations included the Flo,-ida Bui lding Code, the City of South Miami Land Development Code, all applicable ordinances of Miami-Dade County, the City of South Miami and the Americans with Disabilities Act (ADA) and if the project involves a City park, public playground safety standards, rules and gu idelines. Work activity is limited to the hours from 7:00 a.m. through 6:00 p .m., on weekdays from Monday through Friday-See Section 7-15 and 7-16 of the City's C o de of Ordinances. IT IS THE BIDDER'S SOLE RESPONSIBILITY TO BE WATCHFUL FOR AND TO SECURE ADDENDUMS THAT MAY BE ISSUED FOR THIS SOLICITATION. II. SPECIFIC REQUIREMENTS: T he City is soliciting proposals from highly qualified firms for all construction services outlined in the construction plans, which corresponds to the Schedu le of Values for Vice Mayor Robert C. Welsh Jr. Park, located at 7435 SW 66 th Avenue, South Miami, FL 33143. A ll improvements entail but are not li mited to a 12' x 12' shade structure, 96" guard rail, stabilized parking area, p layground structures with poured-in-place safety surface and a perimeter fence, a basketball half-court, concrete sidewalk, city standa r d identification and marker signage, furnishing, landscape and planting, irrigation, and more. All work must be completed within one-hundred fi~y ( 150) calendar days from issuance of Notice to Proceed/Purchase Order/Email Notification from the City's Project Manager as per the specifications, engineering construction drawings, and in accordance with the terms and conditions described in Exhibit I, Scope of Services, Attac hment A, B, C & D. Respondents shall review enclosed specifications, engineering construction p lan documents, tree survey details. Respondents are required to follow all federa l, state, and local codes as well as al l rule compliance and guidelines with Americans with Disabi lities Act (ADA). Ill. SITE LOCATION: T he construction project will be held at Vice Mayor Robert C. Welsh Jr. Park, located at 7435 SW 66th Avenue, South Miami, FL 33143, South Miami, FL, 33143. IV. DESIGN PLANS & SPECIFICATIONS: "VIC E MAYOR ROBERT C. W ELS H JR. PARK" construction p lans for this project are in cl uded as Exhibit I, Scope of Services, Attachment B and can be accessed by the link provided herein: https:1/southmiamiflgov- my.sharepoint.com/:f:lglpersonal/skulick southmiamifl gov/Emi98Flfb5FOtpLXUR 4nh9cBIQKXb VICi2 gvymaANLk4cQ?e=vzboyb llf qffl6J3 A copy of the Geotechnical Studies Report is also included as Exhibit C, Attachment C, "Geotechnical Studies Report." V. PRICING -LUMP SUM PRICING: Proposa l pricing muse b e submitted in a "Lump Sum" by completing Exhibit 3 "Respondents Bid Form" and shal l include all cost associate d with comp leting chis project as outlined in the scope of services and associated design construct ion plans. le is the City's intention co award chis project co a single Contractor. SCHEDULE OF VALUES: RESPONDENTS ARE TO COMPLETE THE "SCHEDULE OF VALUES FORM. EXHIBIT I , Attachment D WHEN SUBMITTING THE BID PACKAGE, THE RESPONDENT I S TO PROVIDE A LUMP SUM PRICE PER THE SCHEDULE OF VALUES, EXHIBIT I, SCOPE OF SERVICES, ATTACHMENT D. WHEN PREPARING AND SUBMITTING THE COMPLETED "SCHEDULE OF VALUES FORM," THE RESPONDENT MUST INCLUDE ANY TREE MITIGATION ALLOTMENT IN THEIR TOTAL BASE BID. RESPONDENT MUST PROVIDE PRICING FOR THE ADD ALTERNATES LISTED IN THE SOLICITATION, IF ANY. THE CITY WILL AWARD THE ENTIRE PROJECT TO A SINGLE RESPONDENT BASED ON THE LUMP SUM AMOUNT SUBMITTED. VI. PRO!ECT DURATION: After permic(s) have been secured/approved, the Respondent is responsible for completing chis project wi th in one-hundred fi~y ( 150) calendar days from the Commencement Dace set forth in the Notice to Proceed/Pu rchase Order/Email Notification from the C ity's Project Manager. VII. WARRANTY: Respondent/Contractor must include the following with their proposal: Applicable warranty and/o r guarantees of a ll material and labor, including: • • • • • • any conditions; and guaranteed response time for repair; and guaranteed replacement during the warranty period; and life expectancy of LED lightin g under normal use; a nd Failures during the warranty period muse be repaired or replaced to the satisfaction of the City; and the term of the warranty . Ac a minimum, Respondent/Contractor muse warrant their Work to be free of significant defects in workmanship and materials for a period of one (I) year and if General Conditions are made part of the contract documents for this project, at a min imum, Respondent/Contractor must warrant their Work in accordance with the warranty requirements found in the General Conditions to the Contract. If equipment is being provided, the standard manufacturer's warranty information must be provided in writing for all equipment being proposed and, if required by the warranty, such equipment must be installed by an authorized installer before final payment is made. If the manufacturer's warranty is issued to the respondent/contractor, Respondent/Contractor must assign it to the City. SPECIAL NOTE BID & PERFORMANCE AND PAYMENT BONDS ARE (NOD REQUIRED FOR THIS PROJECT. END OF SECTION 4hff!SJ EXHIBIT I SCOPE OF SERVICES ATTACHMENT B NEW PARK IMPROVEMENTS AT ROBERT C . WELSH JR . PARK RFP #PR2022-10 "DESING PLANS AND SPECIFICATIONS" • Illustrative Layout (Included) • Link to Site Plans: prepared by Stantec Engineering https://southmiamiflgov- my.sharepoint.com/:f:/g/personal/skulick southmiamifl go v/Emj98FlfbSFOtpLXUR4nh9cBIOKXbVICi2gvymaANLk 4cO?e=vzboyb • Parks Identification and Marker Signs: (Included) prepared by Neon Signs 4:llqffl6)3 -,--- . -..:..:~ -----·-.- 48" 7'-1 1 5/8' 6'-111/2" 7 .8125" 5'-8" ~ - Depth of frame 3/4 " to match depth of background panel and depth of logo 7.8125" Logo is laser -cut 1/2"(D) marine- grade 5083/5086 al uminum Logo is mechanica ll y fas tened to sign structu re with conceal ed, 316 L SS fasteners and standoffs as req ui red . Ci ty to provide fabri cato r with a vector PD F logo. Fabricator to provide sho p drawi ngs to designer and City prior to fab rication stage. 3/4" n i V "So uth Miami "letters are 1/2" (D) marine-~ i= grade 5083/5086 aluminum fastened to sign ~ tructure wit h concealed, 316L pins. Le tters painted "' sa tin Black. l SOutri 1Mi T E CITY OF P~EASANT ----l-----Logo is la ser -cut 1/2" (D) painted marine -gra de alu minum ' ' ' ' Tagline letters are ~/4" (D) marine- grade alumin um f~stened to sign stru cture with concea led, 316L SS fasten ers, pain ted in satin S~uth Miami Green 0 "' 4'-11 1/2" Lo go is mechanically fastened to si gn structure wi th concea led, 316 L SS fasteners and standoffs as required. 1/4" painted aluminum pane l(s) w/ frisket painted park name panels Concrete Foundation 1 "-o··x 4' ·O" CONCRETE FOUNDATION 3000 P.S .I Soil Condition (Sand or Sand & Rock) "If di fferent contac t engineer " 48 " I .:/ ..... · .. ·•.r1. Bolt Pattern 6"x6"xl/4' 6" x 6" Aluminum top cap fini shed ver • v/ •~~~ ' Lette rs and Logo Clamping Screws ''(Wfll{t ,, = r '\ c::> Alu intc thn anc for I-Back, Marker Park Sign 3'-8" 4 " 3'-0" 4" EO E 2'-8" 2'-8 " 2 '-0" 6'-9" 5 3/8" 2'-811/2" 3'-5 1/4" 3'-0" 4 "x4"x1 /4" wa ll th ickness prim ed and faux finished vertical mar in e-grade 5083 /5086 al uminu m 2" FRAME posts (typ) Log o is laser -cut 1 /2" thic k marine-grade 5083/5086 aluminum Logo is mechanica ll y fastened to sign struc tur e wi th co ncea led, 316L SS fastene rs. 2"(H) "South Miami " letters are 1/4" (D) ari ne-grade 5083 /5086 aluminum fastened to a 1/4" mar ine-grade alum inum pane l with concea led, 316 L SS faste ners, painted in sat in SW 7106 Hon ied Wh ite 6'-3 1/2" 2"x 2"x 1/8"wa ll thick ness, primed and fa ux fini she d hori zon t al ma rine -g rad e 5083/5086 all oy alum inum cross me mb ers. (typ) f-----------__Dip bel ow-ground alum inum pos ts in bitumino us tar pri or to setting in to conc rete foot in g 2" FRAME[ I---------------------------------~- : Marker Park Sign _,,, \ \ \ Le tters and Logo Clamping Screws @MMWlt ~1/8' fi nis hed hor al loy al umin Aluminum post l o be inserlec into aluminum angles and w e lhru hole s all around the posl and then sanded ii to have a for painting finish. ◄ -Backgro un d EXHIBIT I SCOPE OF SERVICES ATTACHMENT C NEW PARK IMPROVEMENTS AT ROBERT C. WELSH JR. PARK RFP #PRl0ll-10 "GEOTECHNICAL REPORT" Prepared by: Nutting Engineers of Florida 4lqffl6JJ REPORT OF GEOTECHNICAL EXPLORATION LUDLAM GLADES PARK 7435 SW 66TII A VENUE SOUTH MIAMI, FLORIDA 331-B FOR STANTEC CONSUL TING SERVICES, INC. 800 FAIRWAY DRIVE, SUITE 195 DEERFIELD BEACH, FLORIDA 334~ I PREPARED BY NUTTING ENGINEERS OF FLORIDA, INC. 2051 NW 112Tt1 A VENUE, SUITE 126 MIAMI, FLORIDA 33172 Nutting Engineers of Florida Inc. I Establi sh ed 1967 Your Project is Our Commitment PROJECT No. 1661.60 MARCH 2020 4~ qffl6)3 Geotechnical & Construction Materials Engineering , Testing , & Inspection Environmental Services Offices throughout the state of Florida www .nuttingengineers .com info@nuttingengineers.com Marc h 13, 202 0 Mr. Se an Co mpe l Stantec Co nsultin g Servic es , Inc. 90 1 Ponc e de Leon Bo ul evard . Sui te 900 Coral Ga b les. Fl orida 33 134 Ph one: (305) 44 5-290 0 ext 2292 Email: sean .co mp e l@stant ec .c o m Subj ec t: Rep ort o f Geotechnic a l Exp lora ti on Ludlam Glades Park 7435 SW 66 th Ave nu e So uth Mi a mi , Florid a Dea r Mr . Co mp el: Geotechnical & Constru cti on Materials Engineering, Testing, & In spection Environmental Services Offic es thro ugho ut the state of Florida www.nuttinge ngineers.com info@nuttingengi neers.com Nutting Engin eers of Florid a. In c. has pe rfo rm ed a geo techni ca l ex pl o rati on fo r the a bove re ferenced project in South Mi ami. Flo rid a. This eva luat ion was perfo rm ed to ob tain in fo rmati o n re gardin g s ub s ur face so il co ndit ions at spec ifi c test locati ons whi ch a lo ng with prop os ed cons truction inform ati o n prov id ed was used to develop opini ons rega rd ing earthwo rk proce dur es and found ati o ns fo r s upp ort o f th e pro posed co nst ru ct ion. Th is rep ort prese nts our fi nd in gs and rec omm endati ons ba sed up on th e in fo rm ati o n examin ed at the tim e of th is eva luation. PROJECT IN FORM ATION Per yo ur e ma i I d ated Nove mb er 14. 20 I 9 a nd rev iew of the sit e plan prov ided. we und erstand th at plan s fo r thi s proj ect include th e constru c ti on of a new gazebo, new restro o m buil d in g. and boa t ramp at th e referenced s ite. Current ly th e sit e is occ upi ed by a o ne-story res idenc e to th e so uth. whi c h will be demo li s hed . and so me vege tati o n thro ughou t the sit e. NE s ho uld be notifi ed in writin g by th e cli e nt of any c hanges in th e prop osed con stru cti on alo ng with a req ues t to a mend fo undat ion an alys is and /o r reco mm endati on s with in thi s report as a ppro pri ate. GENERAL SU BS URFA C E COND ITION S Soil S urvey Ma ps As pa rt of th e geotec hni ca l stud y. we rev ie\.ved th e Depa rt ment o f Ag ric ult ure Soi l Surve y o f Mia mi -Dade Co un ty . The se SCS ma ps pro v ide q ua litat ive info n nation a bout pote nt ial ge neral shall ow so il cond iti ons in the proj ec t vic inity. T hi s infom,at ion was derive d fro m ap prox im a te ly 6 ft. dee p manua l a uger bo ri ngs . aerial photo and surface fe atur e in te rp ret ati on at so me po int in the pas t (m id l 980 "s to ear ly 1970 .s ). The SCS data may o r ma y not re fl ect ac tu al curren t s it e con diti o ns . A rev iew o f th e So i I Survey fo r Dade Co un ty revealed that a t the tim e the s urve y was cond ucted , th e so il s at the s ite were desc ribed as Urba n la nd. Thi s map unit is in are as where shopp ing cente rs. park ing lots , s tree ts. s id ewa lk s, a irpo rts . large b ui ldin gs , ho uses . and othe r structu res cove r more th a n 85 pe rce nt of the su r face . Th e na tu ra l soi l cann ot be o bserved . The soi ls in o pe n are as . mos tl y lawns. vacan t lots. playgro un ds . a nd parks are ma inl y Udort hents. Sub s ur fac e Ex pl o ration NUTTING E NGI NEERS OF FLORIDA . I C. perfo rm ed one (I) Sta nd ard Pe net ra t io n Test (S PT) borin g (ASTM D-1586) to a depth of twe nty-fi ve fee t be low land su rface . In addi t ion. one ( 1) 'Usua l Ope n-Ho le ' ex fi lt rati on test wa s pe r fo rm ed. a t a s pec i fic locat ion es tab li s hed by the proj ect c ivil engine e r. in acco rdance wit h So uth Florida Wate r Manage ment Di strict spec i fic a tions. Th e loca t io ns o f t he te sts are indi cated on th e at tac hed Tes t Loc ation Plan . prese nt e d in the Appendi x. T he test borin g report is a lso prese nted in the App end ix of t his report . The test locati o ns we re e stab li s hed in the fi e ld using approx imate me th ods: name ly. a meas urin g whee l a nd ava il able s urfa ce co ntro ls. therefo re the loca tio ns s hou ld be con s id ered app ro x ima te. Tes t Borin g Re sults In ge ne ral, the soi l bo rin g reco rded soft to medium hard lim esto ne to a de pth o f a ppro ximate ly four fee t fo llowe d by loose to mediu m sand wit h tra ce lim es tone to a de pth of twe nty-fi ve feet. the max imum dept h exp lo red. Plea se s ee th e e nc losed soi l cl ass ifi ca t ion shee t in th e App end ix of th is report fo r addit io na l imp o rt a nt in fo rm ati on rega rdin g th ese desc ripti ons . the ti eld eva lu ati o n and oth er re lated in fo rmatio n. Ro ck Form at ion Note: Ge nera lly. roc k in th e So uth Flo ri da a rea may in c lude li mes t one o r sa nds tone whi c h have irreg ula rities and d isco nt in u it ies incl ud ing ve rti ca l and horizo nt a l so lut ion fe at ures, vary in g s urface a nd bo tto m e lev a ti o ns . a nd va ry in g deg rees of ha rdness . The roc k fe at ur es may a lso con tai n in te rve nin g sand an d oth er mate ri a l fi ll ed le nses . So lutio n fe atures can be very com mon in roc k s tra ta in So utheast Fl o rida. Also given the britt le nature of some roc k strata. rock s may readil y s ha tt er when h it by t he s pli t s poo n. Des p ite thi s. these strata may present s ign ifi ca nt resistanc e to excavati o n. ' 118 qffl6)3 Grou nd water Information The immediate groundwater leve l was meas ured a t th e borin g loca ti ons at the time o f drill ing . Th e g ro und wa te r level was e nc ountered at a de pt h of approxima tely s ix feet below th e ex is tin g grou nd su rface at the time of drilling. The immedi ate depth to groundwater measurements prese nted in th is report ma y not pro vid e a reliabl e in dicat ion of stabil ized or lon ge r term depth to groundwa ter at this sit e. Wate r table el evatio ns can vary dramat ically wi th time through rainfall. droughts, sto rm eve nts . flood co ntrol activ iti es , ne a rb y s urface wate r bo die s. tida l ac ti v it y. pumping and many other facto rs. For these rea so ns , thi s imm ed ia te depth to wa ter data s hould not be relied upo n a lone fo r project de s ign considera ti ons. Ex filtration Test Re sults On e (I ) ·U s ual Open-H o le· ex filtration tes t was performed in acco rdance with So uth Florida Water Management Di s trict (SF WMD ) s pecifications to a depth of fifteen feet below the ex is ting ground s ur face. Th e te s t was performed in order to dete1111ine the h ydrau lic cond ucti vi ty of the in s itu sub sur face so il s to eva lu ate drain age require me nt s fo r t he project. by others. The hydraulic conductiv ity va lu e was found to be 1.10 x I 0·4 cub ic fe et pe r seco nd. pe r sq uare foo t. per foot of head. Detailed soi l desc ripti ons and flow rate s are presen ted in the Appendix. ANALYSIS AND RECOMMENDATIONS The test boring performed for th is proj ec t revealed soft. to mediu m hard I im estone in th e upper four fee t fo ll owed by loose to medium fin e sa nd th ro ughout the s it e. It is our opinion th at sha ll ow foundations s hould provide suffi c ient support for th e proposed gazebo and restroom building. Once plan s are fin aliz ed fo r the propo sed construc tion . a copy sho ul d be provided to Nutting Eng ineers fo r rev iew to determin e wheth er additi onal de tail s or changes to our re comme nd at io ns a re warranted. Foundation Design -S hallow Foundations Once the s it e preparation recommendati ons ha ve been impl emented as describ ed in thi s report. the s it e may be deve loped with the prop osed co nst ru cti on u si ng co nvent iona l sha ll ow foundat ions des igned fo r an a ll owa bl e bea rin g pr ess ure o f 2,500 pou.11ds per square foot. To prov ide adequate facto r of sa fet y against a she a ring fai lu re in t he sub so il s. the bottoms of conventional s pread foot in gs s hou ld be based no t less than 12 inche s be low fin a l grade. We recom mend a minimum width of 16 in ches fo r co ntinu ous footi ngs and 24 inches for indi vidual foot ings . eve n thou gh th e soi l bearing pressure ma y not be fu ll y deve loped in a ll cases. The shall ow fou ndati ons s hould be sized and reinforceme nt must be prov ided in acco rd ance with th e curren t Fl orida Bui lding Code and oth e r app li cab le s tandard s. b<tffl6l} Fo undation Settlement Shall ow fo undat ion s des igned a nd co nstructed in accordance wi t h t he recommendatio ns of this repo rt are es timated to s us ta in tota l se ttlem ents of less th an one inch . Settlem ent of the fo undations wil l occur as an e la s tic respo nse o f the so il to the loads app lie d. In th is case, nea rly a ll o f t he se ttl ement of the fo undat ions du e lo dead loa ds is ex pected to take plac e d ur ing co ns truction. The po rtion of the se ttl eme nt du e to the li ve load of the structure will genera ll y take place soo n after the fir s t applicat io n of thi s load . Differen tia l settlement between adjacen t foundations shou ld be ap p roxima tel y ha lf o f a n inch. Di stortion s th a t occur along th e wa ll foo tings du e to d iffe rentia l settl eme nt s hou ld not be more than I in 500 . Floor S lab It is o ur op ini o n that the floo r s la b system may be co nstructed as a s lab on grade. We reco mm end that the proced ure s de sc rib ed und e r th e "S it e Preparation " sec ti on of thi s re port be used to prep a re th e floor slab su bgrades. Th ick ness of s lab a nd adequate rein fo rc ement mu st be desig ned by the Structura l Eng ineer to res ist all anticip ated stre sses and load s. We reco mm end that a va po r barr ier be p laced bet wee n th e so il and concrete. CONST R UCTION RECOMMENDATIONS S ite Pre pa ration -Ge ne ra l Any ex is tin g s ur ti c ial o rganic so il s . and root s from the clea rin g operations. and any un suitable so ils as dete rmi ne d by the Geo tec hni ca l Enginee r will need to be co mp le te ly remo ve d withi n the cons t ruc ti on a rea a nd to a lat e ra l d istance of at least 5 fee t be yo nd the footp rint lim its . A N uttin g Eng ineer's representa tive s ho uld be pre se nt to observe that the strippin g ope ra tio ns are pe rformed as we have di sc ussed he rein . Upon approva l by the geotechnical engineer. the s tripp ed surface (no fill ad ded at thi s time ) should then be compacted with a t le ast 20 overlapping passes of a v ibrat ory compac tor hav ing a mi ni mum dynam ic fo rce of 5 ro ns operated no faste r than at a slow walkin g pace. Th e soils s hou ld be at an acceptabl e mo isture co nte nt to a ll ow for proper compaction. The ro ll e r co verage's s hould be e qu a ll y divided into two perpend icula r d irecti o ns . The compacti on operatio ns mus t be obse rve d by a representat ive of Nutting Engineers . In add it ion. the s urface s hould a lso be co mpa cted until a densit y eq ui va lent to at least 98 percen t of th e mod ified Pro c tor maximum dry de ns ity (ASTM 0-1557) is ac hie ve d to a depth of at least 12 inche s be low th e co mp ac ted s urface . Any stru ctural fill needed to br ing th e s ite to constructio n g rade ma y then be p laced in li fts not exceed ing twe lve in ches in loose thickn ess . Eac h lift s houl d be thoroug hl y co mpa cted un t il densities equi va lent to at least 98 pe rce nt of the mod i fied Proctor maxim um dry dens ity a re uni fo rml y obta in ed. Fi ll s hou ld consist o f granul ar so il, with less than I 0% passing th e No. 200 s ieve. fr ee of rubbl e. organic s (5% or less) clay. deb ris and othe r uns uitable mate rial. The fill shou ld have ASTM designation (D -2487) of GP, OW, SP, or SW, with a maximum particle s ize of no more th an 3 in ches or as otherw ise approved by Nuttin g Enginee rs. GENERAL INFORMATION Mr. Sean Compe l Stantec Co nsu lting Services, Inc. 90 I Po nce de Leo n Boul evard, Su ite 900 Cora l Gabl es, Flo rid a 33 134 Phone: (305) 445 -2900 ext 2292 The co ntents o f thi s repo rt are for the excl us ive use of the cl ient, the client 's design & cons tru c tion team and governm ental authoriti es fo r this specific project exclusive ly. Information conveyed in thi s report sha ll not be use d or relied upon by ot her parties or for ot her projects withou t th e exp ress ed wri tten co nse nt of NUTTING ENG INEERS OF FLORIDA, INC. Thi s report discusses geotec hni ca l co nsiderat ions for this site based upon observed conditions and our un de rstand ing of proposed constructi on fo r foundat ion support. Environmental issues including (but not limi ted to), so il and /o r gro undwa te r contam in ati on are b eyo nd our scope of se rvice for this proj ect. Nutting Engi neers of Fl orida, In c. sha ll bear no liab ility for the implementation of recommended inspec ti on and test in g services as descr ibed in thi s repo rt if imp lemented by ot hers . Nutti ng has no abi li ty to ver ify the completeness, accuracy or proper technique of such procedures if performed by others. The Geotechn ica l Eng ineer warrants that th e findings , recomme ndations, specificati ons, or profess io nal adv ice con ta in ed herei n, have been prese nted after bei ng prepared in accordance with general accepted profess ional practice in the field of foundation engineering , soil mec ha ni cs and engineering geo logy. No other warranties are imp li ed or expressed. We app rec iate the opportun ity to provid e these se rv ices for yo u. If we can be of any further assis tance, or if you need additio nal info rmat ion, please fee l free to contact us. Si ncere ly, NUTTING ENG INEERS OF FLO RI DA, INC. Adr ian Ramirez Enginee rin g Inte rn Attachments: Bo ri ng Location Plan Test Bo rin g Repo rt s Exfi ltration Test Results Limi tat ions of Liability So il Class ificat ion Criter ia ;µ/~d;z( 3/;3/2.0 Richard C. Wohlfart;, /E #50858 Di rector of Engineering f8 §: ~ :9 NUTTING . E EN°!~;!~; INC. ESTABLISHED 1967 LUDLAM GLADES PARK 7435 SW 66TH AVENUE SOUTH MIAMI, FLOR IDA 33143 A PP ROXIMATE TEST LOCATIONS ~ TEST BORING 0 EXFILTRATION TEST NOT TO SCALE FIGURE 1 8 Nutting Engineers of Florida BORING NUMBER B-1 PAGE 1 OF 1 PROJECTNUMBER_1~66~1_.6~0 __________ _ CLIENT Stantec PROJECT NAME -=L=u=d=lu=m=-..;::G=la=d=e-=-s-=-P=ar=·k=---------- PROJECT LOCATION 7435 SW 66 Avenue, South Miami. FL 33143 DATE STARTED 2/20/20 COMPLETED 2/20/20 SURFACE ELEVATION REFERENCE Existing even with road c1·ov n DRILLING METHOD Standa1·d Penetration Boring GROUND WATER LEVELS: LOGGED BY J & C Drilling CHECKED BY A. Ramirez 5'l-AT TIME OF DRILLING 5.9 ft --"-'-~----------- APPROXIMATE LOCATION OF BORING -=As'-=--'l=o=ca=t=ed=--o=n=--s=i=tec....ip=l=an=----------------------- MATERIAL DESCRIPTION Blows 0 Brown LIMESTONE, some fine sand 5·6·11·10 16·11·14·15 ---L)}:/. X sl _(\·\:'Sl. Lt. brown fine SAND, some silty sand 22·11·11·10 6·6-9·7 17 26 22 16 A SPT N VALUE A 10 20 30 40 Pl MC LL I e I 20 40 60 80 0 Fll\"ES CONTENT (%)0 20 40 60 80 .... " :Vi X ~S ~ lO : it~;;-.... -B-r-ow_n_fi_m_e_S_A_N_D_, t-ra-ce-lim_e_s_to_n_e _________ ---+X__.__sl_+----7 -- 6 -· 7 -· 6 --+-- 1 - 3 -+---j-.._ ____ : ---i ··.··.· .. -::-· 3-3·3·6 6 ss 6 § -1L \{)\--L-t._b_ro_w_n_fi_ne_S_A_N_D_,-tr_a_ce-1-im-e-st-o-ne----------f--.L----+------------------~-.• ... -•• :--.♦--:-_:·: b _ -.-·._:-:--:-.:·. C) .• -·. ~ --·\{(\ ss 6 i3 --:_._ :__.·_ :_. 7 §-1.Q_ :---::::-t.1-----------------------f-'-----+-------+---r----------~--t ::ie Brown to It. brown fine SAND, trace limestone i--·._:_\\ (/) w_ s C) ... :e 3-0 3 25 0 w !z er I- f/) ~ i "' w ~ w a: g (!) z i: :, z li; Bottom of hole at 25.0 feet. 18qffl6JJ ss 8 6·9·20·25 29 ~....__....___. _____________________ i...._ __ .....,__ _____ ....1...., _ __,__ _______ __. Geotechnical & Construction Materials Engineering, Testing, & Inspect ion Environmental Services Nutting Engineers of Florida Inc. J Established 1967 Your Project is Our Commitment Ottices throughout the state of Florida www.nuttingengineers.com info@nuttingengi neers.com Client: Project: Location : Test: Surface Elevation : Casing Report of Exfiltration Test Stantec Order No 1661.6 --------------------------------_L_u_d_lu_m_G_l_a_d_e_s_P_a_rk ____________________ Report No _____ 1 7435 SW 66 Avenue Date: 2/20/20 South Miami, FL 33143 Usual Open Hole Exfiltration Test Same as road crown Water table from ground surface: 5.9 1' Diameter: 6" ---- Tu be Depth : _1_5' __ _ Sample Location : Approx. as located on site plan Material : 0'-4' 4'-15' Brown LIMESTONE , some fine sand Lt . brown LI MESTONE, some silty sand K = 1.10 x 10·4 cfs/ft2 ft.head One Pump Rate Minute lncreme in Gal/Min 1 6.4 2 5.6 3 4.4 4 4 .8 5 4 .8 6 4 .7 7 4 .9 8 4 .9 9 4 .7 10 4 .8 IP} cufl6l3 1310 NEPTUNE DRIVE · BOYNTON BEACI-1, FLO RIDA 33426 ·56 1-736-4900 · FAX 561-737-9975 Treasure Coast 772-408-1050 · Browa rd 954-94 1-8700 · M Jami Dad e 305-824-0060 LIMITATIONS OF LIABLILITY WARRANTY We warranty that the services performed by Nutting Engineers of Florida , Inc. are conducted i n a manner co ns istent with that level of care and skill ordinarily exercised by members of the profession in our area currently practicing under simi lar conditions at th e time our services were performed . No other warranties, expressed or implied, are made. Whi le the services of Nutting Engineers of Flori da, In c. are a valuable and integral part of th e design and constru ction team s, we do not warrant, guarantee or ins ure the quality, completeness, or satisfactory perform ance of designs, construction plans, specifications we have not prepared, nor the ultimate performance of building site materials or assembly/construction. SU BSURFACE EXPLORATION Subsurface exploration is normally accomplished by test borin gs; test pits are sometimes employed . The method of determining the boring location and the surface elevation at the boring is noted in the report. This information is represented in the soil boring logs and/or a drawing . The location and elevation of the borings shou ld be considered accurate only to th e degree inherent with the meth od used and may be approximate. The soil boring log in cludes sampling information, descri ption of the materials recovered, approximate depths of boundaries between soil and rock strata as encountered and immediate depth to water data . The log repre sents condi tions recorded specifi cally at th e locati on where and when the boring was made. Site conditions may vary through time as will subsurface condition s. The boundaries between different soil strata as encountered are i ndica ted at specific depths; however, t hese depths are in fact app roximate and depende nt upon the freq uency of sampling, nature and consistency of the respective strata . Substantial variation between soil borings may commonly exist in subsu rface cond itions. Water level readings are ma de at the ti me and under condi ti ons stated on the boring l ogs. Water levels change with time , precipitation , ca na l level, local well drawdown and other factors. Wa ter leve l data provided on soil boring logs shall not be relied upon for groundwater based design or construction consid era tions. LABO RA TORY AND FIELD TESTS Tests are performed in general accorda nce with specific ASTM Standards unless otherwise in dica ted. All criteria included in a g iven ASTM Standard are not always required and performed . Each tes t boring report ind icates the measureme nts and data developed at each specific test l ocation . ANALYSIS AN D RECOMMENDATIONS The geotechnical report is prepared primarily to aid in the design of site work and st ructural foundations . Although th e in forma tion in the report is expected to be sufficient for these pu rposes, it shall not be utilized to determine the cost of construction nor to stand alone as a construction specification . Contractors shall verify subsurfa ce conditions as may be appropriate prior to undertaking subsurface work. Report recommendations are based prima ri ly on data from t est borings made at the locati ons shown on the test boring reports. Soi l variations commonly exist between boring locations . Such variations may not become ev ident un til construction. Test pits sometimes provide va luable supplemental information that derived from so il borings. If variations are then noted , th e geotechnical engineer shall be con ta cted in wri ti ng immediately so that field cond itions can be examined and recommendations revised if necessary. The geotechnical report states our understanding as to the location , dimensions and structural fea tures proposed for the site. Any s ignificant changes of the site improvements or site conditions must be communicated in writing to the geotechnical engineer immediately so that the geotechnical ana lys is, conclusions, and recommendations can be rev iewe d and appropriately adjusted as necessary. CONSTRUCTION OBSERVATION Construction observation and testing is an important element of geotech nical services. Th e geotechnical engineer's field representative (G.E.F.R.) is the "owner's representat ive" obse rving the work of the con tractor, performing tests and reporting data from such tests and observations. The geotechnical engineer's field representative does not direc t the contractor's c onst r uction means, m ethods, operations or personnel. Th e G.E.F.R. does not interfere with th e relationship between the owner and the contractor and , except as an observer, does not become a subs titute owner on site. The G.E.F.R. is responsible for his /her safety, but has no responsibility fo r the safety of other personnel at th e site. The G.E.F.R. is an important member of a team whose responsibility is to observe and test the wo rk being don e and report to the owner whether that work is being carried out in general co nform ance with the plans and specifica ti ons. The enclosed report may be relied upon solely by the named client. ~Q;tfl6l3 SOIL AND ROCK CLASSIFICATION CRITERIA SAND/SILT CLAY/SIL TY CLAY N-VALUE RELATIVE N-VALUE UNCONFINED COMP. (bpf) DENSITY (bpl) STRENGTH (tsf) CO~SISTENCY 0-4 Very Loose <2 <0.25 v. Soft 5-10 Loose 2-4 0.25-0.50 Soft 11-29 Medium 5-8 0.50-1.00 Medium 30-49 Dense 9-15 1.00-2.00 Soft >50 Very dense 16-30 2.00-4.00 V. Stiff 100 Refusal >30 >4.00 Hard ROCK N-VALUE RELATIVE (bpf) HARDNESS ROCK CHARACTERISTICS N~ 100 Hard to v. hard Local rock formations vary in hardness from soft to very hard within short verti- 255N5100 Medium hard to hard cal and horizontal distances and ofien contain vertical solution holes of 3 to 36 inch diameter to varying depths and horizontal solution features. Rock may be 55 N 525 Soft to medium hard brittle to split spoon impact, but more resistant to excavation. PARTICLE SIZE DESCRIPTION MODIFIERS ., ~ .1 0 0 "' 0 z .#l" H ]f !!-a,~ !:g 0. ~ii E 0 ~ i I ! ! Boulder Cobble Gravel Sand Silt Clay Major Divisions .!: !i_ H H .#l 8.; i u . .. 0~ C) la; " .l?f gt -= 0 e] i .e !i-·-. ti .. o":I .:: u ~ t .. §; 5 'o ~ "'H H -0 ~ s ~ .: 11 l!! "Is g "E 02. J~i £~lo: ·qp; 1 ii I !!~E C) 0 -;- -§1 S! l! n u .. 01: a ; .. ; ~:a~ th i.U ~-0 >12in. 3 to 12 in. 4.76 mm to 3 in. 0.074 mm to4.76 mm 0.005 mm to 0.074 mm <0.00S mm Group Symbols GW GP ow• I d u GC SW SP I d SM° L_ I u SC Ml Cl Ol MH Typical names Woll-91oded gavels, 9ro•el-sond mil<turo1, llttlo « no fines Poorly grodod grovols, grovol-sond mixtures, linle or no fines SIity gro•ols, grovel-sand-sllr mixrutes Cloyoy grcvols, grovel•M>nd-doy miXIUl'CIS Well•groded sonds, groveay sand,, little or no finM Poorly graded sands, gravelly sands, little a, no fine. Silly sands, sond•silr mixtures Clayey sands, send-cloy mixtures Inorganic silts and vary fi,,e sands, rod. flour, silty er cloyoy lino sands or clayey sills with sfi9ti1 plasticity lno,gor,lc cloys ol low lo medium plosriciry, gravelly cloys, sandy, days, silty cloys, Icon cloys Organic silts om! organic: iilty cloys cf low plasticity Inorganic silts, micccoovs or dioromo• ceous flno sandy or silty soil,, olostic silts 1-----+--------··--·- CH OH PT lnotgonic cloy, or high plasticity, fat cloys Organic cloys of cnc>dium to high plasticity, o,gonic silts Peot and other highly organic soils 5~ qffl6JJ j ~ l 0-S% Slight trace 6-10% Trace 11-20% Little 21-35% Some >35% And 60 so ~o 30 20 10 0 Laboratory classlficalion criteria D (D f C =-=_.!!!!.greater tlnn4;C, ::c--30-behveenland3 " D,o D,oxD60 Nor meeting all gradation roquirementt f« GW Alle,borg limih below "A" I lino 01 P.I. loss than A Allerbcirg limits obovo "A• I Gne with P.I. grootor !hon 7 ) Above "A" line wilh P.l. borwoon 4 and 7 ere b«dar· line cases requiring UMt of cluol symbols. D (D )2 C = ~ greater than 6; C = __ JO_ benveen I and 3 • D10 ~ D10XD60 Not muting oil gradation requirements fa, SW /\ttorborg limils below "/\'" Gne 01 P.I. lcn than A Attctbcrg limils above '"A" line with P.1. moro than 7 Umlls ploitlng in l'latched zone with P.1. between 4 and 7 ere bo,dt,,!;M coses requiring U1e of dual system. ~----lf---4---4----+---t--·-· . ··---t---t-----1 V / CH • .,. / OMondMH .,V1/ 1---1~-,--t-----t--•'l':..,q.. ___ -+---4·--+---l / Cl f------11---+-t-...,../-t---t-.. -.---+----+-+------I V 0 I~ Mlarl 1 o 20 30 ~._0_ .... so.__~60.___10~-~eo--90~~,00 L;q..d L;,,,it Plasticity Chart Insurance EXHIBIT 2 NEW PARK IMPROVEMENTS AT ROBERT C. WELSH JR. PARK RFP #PR2022-10 Insurance & Indemnification Requirements 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/sub-consultant, 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 Sub-contractor/sub-consultant 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 Insurance 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' Compensation 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 Sub-contractor/sub-consultants maintain appropriate levels of Worker's Compensation Insurance. Commercial Comprehensive General Liability 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; 6/iqffl6lJ • 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: • Premises and Operation • Independent Contractors • Products and/or Completed Operations Hazard • Explosion, Collapse and Underground Hazard Coverage • Broad Form Property Damage • Broad Form Contractual Coverage applicable to this specific Contract, including any hold harmless and/or indemnification agreement. • Personal Injury Coverage with Employee and Contractual Exclusions removed, with minimum limits of coverage equal to those required for Bodily Injury Liability and Property Damage Liability. Business 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: • Owned Vehicles. • Hired and Non-Owned Vehicles • 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 Sub-contractor/sub-consultant 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 Sub- contractor/sub-consultants 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. 0qffl6)J 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/sub-contractor/sub-consultant 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/sub-consultant 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/sub-contractor/sub-consultant 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/sub-contractor/sub-consultant 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 (I), Florida Statutes, none of the provisions set forth herein above that are in conflict with this subparagraph apply. 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. END OF SECTION 5lqffl9.J EXHIBIT 3 NEW PARK IMPROVEMENTS AT ROBERT C. WELSH JR. PARK RFP #PRl0ll-10 THIS PROPOSAL IS SUBMITTED TO: Shari Kamali City Manager City of South Miami 6130 Sunset Drive South Miami, FL 33143 RESPONDENTS BID FORM I. If this Proposal is accepted, the undersigned Respondent agrees to enter into a Contract with the City of South Miami in the form included in this Solicitation Package and to perform and furnish all work as specified or indicated in this Solicitation, including as set forth in Exhibit I (Scope of Services, Attachment A, 8, C & D) for the Proposed Price as set forth below, within the Contract Time and in accordance with the other terms and conditions of the Solicitation Package. 2. Respondent accepts all of the terms and conditions of the Solicitation and Instructions to Respondents, including without limitation those dealing with the disposition of Proposal/Bid Bond, if required. This Proposal will remain subject to acceptance for 180 calendar days after the day of the Proposal Opening. The Respondent, by signing and submitting this proposal, agrees to all of the terms and conditions of the form of contract that is a part of the Solicitation package with appropriate changes to conform to the information contained in this Bid Form. Respondent agrees to sign and submit the Bonds, if required by this Solicitation, required insurance documents, and other documents required by the Solicitation, including the Contract if not already submitted, within ten ( I 0) calendar days after the date of the City's Notice of Award. 3. In submitting this Proposal, Respondent represents that: a. Respondent has examined copies of all the Solicitation Documents and of the following Addenda, if any (receipt of all which is hereby acknowledged.) Addendum No. 1&2 Dated: 5/6/2022 & 05/31/2022 b. Respondent has familiarized himself with the nature and extent of the Contract Documents, the proposed work, site, locality, and all local conditions and laws and regulations that in any manner may affect cost, progress, performance or furnishing of the Work. c. Subsurface conditions: If applicable to this Solicitation, the Respondent represents that: i. Respondent has carefully studied all reports and drawings, if applicable, of subsurface conditions and drawings of physical conditions. ii. Respondent has obtained and carefully studied (or assumes responsibility for obtaining and carefully studying) all such examinations, investigations, explorations, tests and studies in addition to or to supplement those referred to in this paragraph which pertain to the subsurface or physical conditions at the site or otherwise may affect the cost, progress, performance, or the furnishing of the Work at the Contract Price, within the Contract Time and in accordance with the other terms and conditions of the Contract Documents. The Respondent hereby acknowledges that no additional examinations, investigations, explorations, tests, reports or similar information or data are, or will, be required by Respondent for any reason in connection with the Proposal. The failure of the Respondent to request a pre-bid marking of the construction site by any or all utility companies will create an irrefutable presumption that the Respondent's bid, or proposal price, has taken into consideration all possible underground conditions and Respondent, if awarded the contract, will not be entitled to a change order for any such condition discovered thereafter. iii. Respondent has correlated the results of all such observations, examinations, investigations, explorations, tests, reports and studies with the terms and conditions of the Contract Documents. iv. Respondent has reviewed and checked all information and data shown or indicated in the Solicitation Package or in the Contract Documents with respect to existing Underground Facilities or conditions Jlqffl9J at or contiguous to the site and assumes responsibility for the accurate location of all Underground Facilities and conditions that may affect the Work. 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 Respondent in order 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 unless the Proposal specifically states that the contract price is subject to adjustment for future discovery of underground facilities and/or conditions that affect the cost of the Work and unless the respondent makes a written request to the City for additional information prior to submitting the bid or proposal as required in subsection ii above, d. Respondent has given the City 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, the Respondent represents, by submitting its proposal to the City, that the Respondent has received sufficient notice of the resolution thereof from the City, that such resolution is acceptable to Respondent and that the Respondent waives any claim regarding the conflicts, errors or discrepancies. e. This Proposal is genuine and not made in the interest of or on behalf of any undisclosed person, firm or corporation and is not submitted pursuant to any agreement or rules of any group, association, organization, or corporation; Respondent has not directly or indirectly induced or solicited any other Respondent to submit a false or sham Proposal; Respondent has not solicited or induced any person, firm or corporation to refrain from responding; and Respondent has not sought by collusion or otherwise to obtain for itself any advantage over any other Respondent or over the CITY. 4. Respondent understands and agrees that the Contract Price is the amount that it needs to furnish and install all the Work complete and in place. The Schedule of Values, if required, is provided for the purpose of Proposal Evaluation and when initiated by the CITY, it will form the basis for calculating the pricing of change orders. The Contract Price may not be adjusted in any way to result in a deviation from the Schedule of Values, except to the extent that the CITY changes the Scope of the Work after the Contract Date. As such, the Respondent must furnish all labor, materials, equipment, tools, superintendence, and services necessary to provide a complete, in place, Project for the Proposal Price. If this Solicitation requires the completion of a Respondent Cost and Technical Proposal, as may be set forth in an exhibit to this Solicitation, such proposal must be attached to this Bid Form and will take the place of the Lump Sum Price, otherwise, the Contract Price for the completed work is as follows: LUMP SUM BASE PRICE: __ 4_1 _7 ...... ,_7_6_Q __ dollars and __ 1_8 ___ cents Alternates: #1 ________ #2 _____________ _ A fee breakdown for each task included in the lump sum contract price, if applicable, must be provided. Failure to provide this information will render the proposal non-responsive. 5. The ENTIRE WORK for project in accordance with Exhibit I, Scope of Services., Attachment A, B, C, & D shall be completed, in full, within I SO calendar days from the Commencement Date set forth in the NOTICE TO PROCEED. Failure to complete the entire work during the described time will result in the assessment of liquidated damages as may be set forth in the Contract. 6. Insert the following information for future communication with you concerning this Proposal: RESPONDENT: M&J CONSUL TING GROUP CORP Address: 300 PALERMO AVENUE, 2ND FLOOR, CORAL GABLES FL 33134 Telephone: _7_8_6-_3_1_9-_7_63_5 ___________________________ _ Facsimile: Contact Person _C_E_S_A_R_D_E_L_U_N_A ___________________________ _ 7. The terms used in this Proposal which are defined in the Contract have the same meaning as is assigned to them in the Contract Documents, unless specifically defined in this Solicitation Package. 8. If a Respondent•s Cost & Technical Proposal is required by the Solicitation, Respondent hereby certifies under penalties of perjury that all of the facts and responses to the questions posed in the Cost & Technical lhffl9J Proposal, if such an exhibit is made a part of the Solicitation, are true and correct and are hereby adopted as part of this Respondents Bid Form, and are made a part of this proposal, by reference. 9. This proposal is submitted by M&J CONSUL TING GROUP CORP whose address is .,, ... ,~ .. ,..._ .... , "'''·00 "' ...... '"""",., .... ,. __________ , whose telephone number is 786 -319-7635 , whose fax number is _______ ,, whose email address is cesar@mjgeneralcontractors.com and whose authorized representative signing this Bid Form is CESAR DE LUNA whose title is VP-CGC I 0. By submitting this proposal, I, for myself and on behalf of the business that I represent, hereby agree to the terms of the form of contract contained in the Solicitation package and agree to be bound by those terms, with any appropriate blank boxes, if any, checked and any blank lines filled in with the appropriate information contained in the Solicitation Documents and this Proposal, or such information that the City and I have agreed upon in the course of contract negotiations and that has been confirmed by the City in writing, including e-mail confirmation, if any. I hereby certify under penalties of perjury chat I am the lawful representative of the business entity referenced in this Bid Form, that I have authority to bid for that entity, that I have authority to sign contracts for that entity and bind it to those contract terms and that all of the information and representations contained herein are true and correct. c __ ~ -------' Signature: _______ -_\ ____ ~_ I __ Date of Execution: _6_11_,2_0_22 ________ _ CESAR DE LUNA [Print signatory's name] END OF SECTION Ad168 EXHIBIT I SCOPE OF SERVICES ATTACHMENT D NEW PARK IMPROVEMENTS AT ROBERT C. WELSH JR. PARK RFP #PR2022-10 "SCHEDULES OF VALUES" NOTE: FAILURE TO COMPLETE AND SUBMIT THE SCHEDULE OF VALUES FORM WILL RENDER A RESPONDENT'S SUBMITTAL AS NON-RESPONSIVE 59 of 63 I . o@slol):01, :j&neral!Re§ultements tECTION NUMBEI ITEM 015639 T emoorarv Tree and Plant Protection 017419 Construction Waste Management and Disoosal As-builts DMsfon:02. · IEXlstfnj condWons (ECTION NUMBEI ITEM 024119 Selective Demolition Reaular Excavation & Embankment DMston·oe. '.1Woodsa Piaitics, and:Composffes JECTION NUMBEB ITEM 061300 Heav Timber Construction Guardrail Dlvlslon.09· ICOncrete·siaiin9. JECTION NUMBB ITEM 093300 Concrete Sealer DMslon·10 ISpacialtles poANm~ uNtr I UNIT PRicE I sostotAL 1 TOTAL 852.00 LF 19.33 16,469.16 16,469.16 Allow 1,800.00 1,800.00 1,800.00 1.00 1.00 LS 5,698.56 5,698.56 5,698.56 Total Division 01( 23,967.72 QTY UNIT I UNIT PRICE I SUBTOTAL I TOTAL AC 21,369.60 2,778.05 2,778.05 0.13 1.00 LS 2,849.28 2,849.28 2,849.28 Total Division 021 5,627.33 QTY uNrr I UNIT PRicE I s□stOtAL 1 TOTAL 44.00 LF 140.00 6, 160.00 6, 160.00 Total Division osl 6, 160.00 QTY uN1r I ONit PRicE I s□stotAL 1 tofAL SF 2.20 1785.00 3,927.00 3,927.00 Total Division osj 3,927.00 60Clffl6)J ~ Stantec iNOTES Construction-chase tree and plant protection trimmina orotection -zone fencina and oruninQ. SalvaQing, recvclino. and disoosina of non-hazardous demolition and construction waste. !NOTES Demolition of selected portions of existing buildings. structures, and associated site improvements. Areas of prooosed hardscaoe improvements. !NOTES Sohd timber framin !NOTES Coating of sealer will protect and enhance colored and textured concrete to form a shield against stains and mildew. ,1 -1 tECTiON NUMBEI ITEM atY 101423 Small Marker Sianaae 1.00 Pre-fabricated Metal Shade Structure 1.00 "No Parkina Bevond This Point" Sian 2.00 Larae Identification Sianaae 1.00 Water Fountain includina Drv Well 1.00 3/4" Polvethvlene Pioe for Water Service 165.00 3/4" Valve 1.00 Connection to MD-WASD Water Meter 1.00 Diylston 11 1Ecjulpment JECTION NUMBE8 ITEM afy 116800 Play Field Equipment and Structures - Plav Set 1.00 116800 Play Field Equipment and Structures - Climber 1.00 116800 Play Field Equipment and Structures - Boulder 1.00 116800 Play Field Equipment and Structures - Basketball Eauioment 1.00 DMslon'U ,,1earihworks: SECTION NUMBEI ITEM Ofy 311000 Site Clearin Divlslon·32 IExtertodmprovemants· uNrr I ONit PAicE I soetotAL 1 TOTAL LS 600.00 600.00 600.00 Allow 40,834.99 40,834.99 40,834.99 EA 570.00 1,140.00 1,140.00 LS 15,471.12 15,471.12 15,471.12 EA 7,002.00 7,002.00 7,002.00 LF 14.45 2,384.25 2,384.25 EA 120.00 120.00 120.00 LS 960.00 960.00 960.00 Total Division 10 I 68,512.36 uNIT I ONlt PRlcE I soatotAi. , TOTAL Allow 13,700.00 13,700.00 13,700.00 Allow 13,700.00 13,700.00 13,700.00 Allow 13,700.0C 13,700.00 13,700.00 Allow 10,000.00 10,000.00 10,000.00 Total Division 111 51,100.00 uN1r I ONlt PRice , soatotAt 1 totAL AC 17,095.68 7,864.01 7,864.01 Total Division 3117,864.01 6l qffl9J ~ Stantec !Notes· Panel sians illuminated oanel sians, and field-aoolied vinvl-character sians. 12' x 1 'l pre-fabricated metal shade structure on concrete slab (Includes permits, engineered drawinas and installation) Parkina Area Panel sians illuminated oanel sians. and field-aoolied vinyl-character sicms. ADA accessible 2-tier water fountain lNOTES Public olavaround eauioment for children aaed two throuah 12. Public olavaround eauioment for children aged two throuah 12. Public olavaround eauioment for children aaed two throuah 12. Pole, hooo. neL and backboard jNofEs Clearing, grubbing, vegetation protection, stupming, stripping and stockpiling topsoil and rock, and disconnectin utilities. i ~ Stantec ITEM QTY UNIT UNIT PRICE SUBTOTAL TOTAL NOTES 321313 Concrete Pavina 120.00 SF 11.11 1,333.20 1,333.20 Concrete curbs. arade beams. flush bands etc. Colored Concrete Flushed Curb. 321313 Concrete Pavina (Structural Slab) 121.00 SF 11.11 1,344.31 1,344.31 4 • thk concrete slab with WWF 321316 Decorative Concrete Pavina (Walkwavs) 1428.00 SF 11.11 15,865.08 15,865.08 6" thk x 5' wide intearal colored concrete walkwavs w/ WWF on 8" stone base 321316 Decorative Concrete Pavina lBasketball C 1.00 Allow 21,021.98 21,021.98 21,021.98 6" thk concrete basketball court w/ WWF on 8" stone base oainted court markinas 321373 Concrete Pavina Joint Sealants 1.00 LS 960.00 960.00 960.00 Sealants for concrete asohalt oavement ioints. 321443 SF 10.00 6,480.00 6,480.00 Concrete, grid-type and interlocking type with openings between units. Turfstone Permeable Porous Unit Pavinu 648.00 Concrete Stabilization Paver bv Belaard or annroved eaual. 321726 Tactile Warnina Surfacma 2.00 EA 720.00 1,440.00 1,440.00 Detectable warnina tiles and mats located in concrete walkwavs: detectable warnina cavers. 321816.13 Plavaround Protective Surfacing 1200.00 SF 44.19 53,028.00 53,028.00 lmoact-attenuatina. orotective surfacino for use under oublic olavaround eauioment with edae board. 323123 LF 256.14 31,761.36 31,761.36 Manufactured and custom-designed fences and gates made from steel, aluminum, or metallic- Decorative Vinvl Fences and Gates 124.00 coated steel. 323300 EA 3,038.14 12,152.56 12,152.56 Seating, tables. bicycle racks and lockers, trash and ash receptacles, planters. and bollards for Site Furnishinas -Bench 4.00 outdoor locations. 323300 EA 1,393.51 1,393.51 1,393.51 Seating, tables, bicycle racks and lockers, trash and ash receptacles, planters, and bollards for Site Furnishinas -Bike Rack 1.00 outdoor locations. 323300 EA 4,739.28 4,739.28 4,739.28 Seating. tables, bicycle racks and lockers, trash and ash receptades. planters, and bollards for Site Furnishinas -Picnic Table 1.00 outdoor locations. 328400 Plantina lrriaalion 13510.00 SF 1.80 24,318.00 24,318.00 Heads. oioes and controls. 329115 CY 160.00 4,320.00 4,320.00 6" depth in shrub beds for planting soils specified according to tesed performance requirements Soil Preoaration (Performance Soecificatio 27.00 {oarticle size oraanic matter oercentaae oH CEC fertililv. etc.l, lavered soil assemblies. 329200 SF 0.60 5,617.20 5,617.20 Seeded, sodded, plugged, and sprigged turf and meadows; pesticides. erosion-control materials, turf Turf and Grasses 9362.00 renovation and arass oavina. 329300 EA 480.00 2,400.00 2,400.00 Nursery-grown trees and other plants, pesticides. tree stabilization. tree watering devices, landscape Plants -Soecimen Canoov Tree 5.00 edginas. and tree crates. 329300 EA 480.00 1,440.00 1,440.00 Nursery-grown trees and other plants. pesticides, tree stabilization, tree watering devices, landscape Plants -Palm Tree 3.00 edainas and tree crates. 329300 EA 12.12 13,744.08 13,744.08 Nursery-grown trees and other plants. pesticides, tree stabilization, tree watering devices, landscape Plants -Shrub / Groundcovers 1134.00 edainas. and tree crates. 329300 SF 8.40 12,180.00 12,180.00 Nursery-grown trees and other plants, pesticides, tree stabilization, tree watering devices, landscape Plants -Mulch 1450.00 edainas and tree orates. 329300 LF 37.22 9,118.90 9,118.90 Plants -Root Barrier 245.00 Oeeoroot UB24-2 Qqffl9J ~ Stantec I 329600 EA 1,067 Tra~splanting non-nursery-grown trees, root and crown pruning, tree stabilization and watering T ransolantina 15.00 16,005.00 16,005.00 devices. ' Washed #89 Stone 4.00 TON 198.00 792.00 792.00 Parkin□ Area Tencate Mirafi 160N Geotextile Fabric 722.00 SF 5.90 4,259.80 4,259.80 Parkina Area 12" Comoacted Subarade 85.00 SY 29.50 2,507.50 2,507.50 Parkina Area 8" Comnacted #57 Stone or Comoacted D1 85.00 SY 28.00 2,380.00 2,380.00 Parkin □ Area .. Total Dlv1s1on 321 250,601.76 I Grand Total All Dlvislonsl 417, 760. 18 6tqffl9J CITY OF SOUTH MIAMI OFFICE OF THE CITY MANAGER INTER-OFFICE MEMORANDUM TO:The Honorable Mayor & Members of the City Commission FROM:Shari Kamali, City Manager Via: Quentin Pough, Director of Parks & Recreation DATE:July 5, 2022 SUBJECT:A Resolution authorizing the City Manager to execute an agreement and to procure professional construction servicesfrom M & J Consulting Group Corp. for new park improvements at Vice Mayor Robert C. Welsh Jr. Park. BACKGROUND:During the 2020 calendar year, the Mayor and City Commission passed and adopted Resolution numbers 013-20-15453 and 160-20-15600, related to Phase I and Phase II design service work orders for new park improvements at Vice Mayor Robert C. Welsh Jr. Park. On March 1st, 2022, the Mayor and City Commission passed and adopted Resolution number 023-22-15776, a design service change order for revised contract documents for the development of Vice Mayor Robert C. Welsh Jr. Park. In summary, new park improvements entail a basketball half-court, a playground area with poured-in-place protective surface, a prefabricated shelter, an accessible concrete sidewalk, benches, a bike rack, a water fountain, and other park amenities. The project limits for all improvements herein are located at Vice Mayor Robert C. Welsh Jr. Park. PROCUREMENT PROCESS:Through the Procurement Division, the City’s Parks and Recreation Department issued a Request for Proposal (“RFP”) on Wednesday, May 5, 2022 for new park improvements at Vice Mayor Robert C. Welsh Jr. Park. The City received responses from four (4) firms as outlined below. Bidder(s)Bid Price r2r Demolition $185,407.65 M & J Consulting Group Corp. $417,760.18 Homestead Concrete $460,839.79 Florida Engineering & Development Corp. $488,000 2 CITY OF SOUTH MIAMI OFFICE OF THE CITY MANAGER INTER-OFFICE MEMORANDUM City staff reviewed bid documents and interviewed the lowest bidder, r2r Demolition, on Friday, June 17, 2022. Staff identified multiple pricing irregularities in the schedule of values provided by r2r Demolition which prompted an interview. There is roughly a variance of more than $170,000 dollars between r2r Demolition’s proposal and the City’s opinion of probable construction costs. r2r Demolition did not provide a sound reasoning for the price variance during the interview, anditfailed to providea written response post interview for the discrepancies in its proposal after multiple written communication attempts. Furthermore, r2r Demolition has not demonstrated past related experience on projects of this magnitude. After a thorough analysis, city staff does not find r2r Demolition’s proposal to be the most responsible. City staff finds the second lowest bidder, M & J Consulting Group Corp. (“M&J”) to provide the most responsive and responsible proposal. M & J Consulting Group Corp. has recently completed park improvement projects for the City of Coral Gables, Village of Pinecrest, and City of North Miami. City staff has contacted M&J’s references and received positive feedback. VENDOR & EXPENSE:M & J Consulting Group Corp. Proposal/contract amount shall not exceed $417,760.18. A 10% contingency in the amount of $41,776 is included for unforeseen conditions at the discretion of the City Manager. FUND & ACCOUNT:The total expenditure ($459,536.18), which includes contingency funds for unforeseen activity, will be paid from Parks & Recreation Capital Improvement Fund 301-2000-572-6450, which has a current balance of $1,144,284. ATTACHMENT(S):Resolution Resolution #013-20-15453 (Phase I) Resolution #160-20-15600 (Phase II) Resolution #023-22-15776 (Revision to Design Service Plans) Construction Plans: Vice Mayor Robert C. Welsh Jr. Park. Bid Tabulation Sheet Proposal Summary Proposal – M & J Consulting Group Corp. RFP Advertisement Reference-City of Coral Gables 3 Page 1 of 3 RESOLUTION NO. _________________1 2 A Resolution authorizing the City Manager to execute an agreement and to 3 procure professional construction services from M & J Consulting Group Corp.4 for new park improvements at Vice Mayor Robert C. Welsh Jr. Park. 5 6 WHEREAS, during the 2020 calendar year, the Mayor and City Commission passed and 7 adopted Resolution numbers 013-20-15453 and 160-20-15600, related to Phase I and Phase II 8 design service work orders for new park improvements at the location which has been designated9 as the “Vice Mayor Robert C. Welsh Jr. Park”; and10 11 WHEREAS, on March 1st, 2022, the Mayor and City Commission passed and adopted 12 Resolution number 023-22-15776, a design service change order for revised contract documents 13 for the development of Vice Mayor Robert C. Welsh Jr. Park; and14 15 WHEREAS, in summary, new park improvements entail a basketball half-court, a 16 playground area with poured-in-place protective surface, a prefabricated shelter, an accessible 17 concrete sidewalk, benches, a bike rack, a water fountain, and other park amenities; and18 19 WHEREAS,through the Procurement Division, the City’s Parks and Recreation 20 Department issued a Request for Proposal (“RFP”) on Wednesday, May 5, 2022 for new park 21 improvements at Vice Mayor Robert C. Welsh Jr. Park. The City received responses from four (4) 22 firms as outlined below; and 23 24 25 26 27 28 29 30 WHEREAS, city staff reviewed bid documents and interviewed the lowest bidder, r2r 31 Demolition, on Friday, June 17, 2022. Staff identified multiple pricing irregularities in the 32 schedule of values provided by r2r Demolition which prompted an interview; and 33 34 WHEREAS, there is roughly a variance of more than $170,000 dollars between r2r 35 Demolition’s proposal and the City’s opinion of probable construction costs. r2r Demolition did 36 not provide a sound reasoning for the price variance during the interview, and it failed to provide a 37 written response post interview for the discrepancies in its proposal after multiple written 38 communication attempts. Furthermore, r2r Demolition has not demonstrated past related 39 experience on projects of this magnitude. After a thorough analysis, city staff does not find r2r 40 Demolition’s proposal to be the most responsible; and 41 42 Bidder(s)Bid Price r2r Demolition $185,407.65 M & J Consulting Group Corp. $417,760.18 Homestead Concrete $460,839.79 Florida Engineering & Development Corp.$488,000 4 Page 2 of 3 WHEREAS, city staff finds the second lowest bidder, M & J Consulting Group Corp.1 (“M&J”) to provide the most responsive and responsible proposal. City staff has contacted M&J’s 2 references and received positive feedback; and 3 4 WHEREAS, the proposal/contract amount shall not to exceed $417,760.18. 5 6 NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSIONERS OF THE 7 CITY OF SOUTH MIAMI, FLORIDA:8 9 Section 1.The foregoing recitals are hereby ratified and confirmed as being true and 10 correct and are hereby made a specific part of this resolution upon adoption hereof.11 12 Section 2. The City Manager is hereby authorized to execute a contract and to procure 13 professional construction services from M & J Consulting Group Corp. for new park 14 improvements at Vice Mayor Robert C. Welsh Jr. Park in the amount of $417,760.18. The City 15 Manager is also authorized to utilize contingency funds in the amount of $41,776for unforeseen 16 conditions in the field. The total expenditure shall be charged to the Parks and Recreation Capital 17 Improvement account number 301-2000-572-6450, which has a balance of $1,144,284 before 18 this request was made19 20 Section 3. Corrections. Conforming language or technical scrivener-type corrections 21 may be made by the City Attorney for any conforming amendments to be incorporated into the 22 final resolution for signature.23 24 Section 4. Severability.If any section clause, sentence, or phrase of this resolution is for 25 any reason held invalid or unconstitutional by a court of competent jurisdiction, the holding will26 not affect the validity of the remaining portions of this resolution.27 28 Section 5. Effective Date.This resolution will become effective immediately upon 29 adoption.30 31 PASSED AND ADOPTED this ____ day of _____________, 2022.32 33 ATTEST:APPROVED:34 35 ___________________________________________36 CITY CLERK MAYOR37 38 READ AND APPROVED AS TO FORM, COMMISSION VOTE:39 LANGUAGE, LEGALITY, AND Mayor Philips:40 EXECUTION THEREOF Commissioner Harris:41 Commissioner Gil:42 Commissioner Liebman:43 _______________________Commissioner Corey:44 5 Page 3 of 3 CITY ATTORNEY1 6 7 RESOLUTION NO.: 013 -20 -15453 A Resolution authorizing the City Manager to negotiate and to pay Stantec Consulting Services, Inc. to conduct survey reports, conceptual designs, and community input meetings related to the conversion of a residential property into a public park. WHEREAS, pursuant to the Professional Services Agreement provided by the City for professional general engineering and architectural services, City staff desires to engage Stantec to conduct survey reports, conceptual designs and community input meetings related to the conversion of a recently purchased property located at 7435 SW 66 Avenue (14,810 SF) into a public park; and WHEREAS, at the last City Commission meeting held on Tuesday, January 7, 2020, staff had recommended a proposal that included jurisdictional wetland review, survey of waterway, and costs related to the design and permitting of a floating dock/ramp for non-motorized boat operators. Due to the original proposal's work scope, service fees and other factors, the City Commission deferred the item and directed staff to explore alternative options; and WHEREAS, the attached revised proposal directs Stantec to conduct survey reports, conceptual designs, and coordinate community input meetings only. This option allows the City Commission and staff to clearly define which park elements and features are desired by city residents, as well as determine applicable and reasonable professional design fees for future services related to this project; and WHEREAS, once these phases are complete, including the input from community residents and identification of park elements and features, staff will submit a new proposal for City Commission review pertaining to project management and permit coordination with City of South Miami and Miami-Dade County Department of Regulatory and Economic Resources (DRER); specs and bid package preparation, final signed and sealed construction documents, anticipated/preliminary construction costs, as well as post assistance with pre-bid conference(s) and construction administration services; and WHEREAS, the total expenditure shall not exceed $25,400. The total expenditure in the amount of $25,400 shall be charged to account number 301-2000-572-6450, which has a balance of $821,678 before this request was made. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA THAT: Section 1: The City Manager is authorized to negotiate and to pay Stantec Consulting Services, Inc to conduct survey reports, conceptual designs and community input meetings related to the conversion of a residential property into a public park in accordance with the scope of the work outlined in the recitals to this resolution for an amount not to exceed $25,000. I 8 Resolution No.013-20-15453 Section 2: If any section clause, sentence, or phrase of this resolution is for any reason held in valid or unconstitutional by a court of competent jurisdiction, the holding shall not affect the val i dity of the remaining portions ofthis resolution. Section 3: This resolution shall become effective immediately upon adoption. PASSED AND ADOPTED this 21 st day of January, 2020. ATTEST: CITY CL ~RK 6 COMMISSION VOTE: Mayor Stoddard Vice Mayor Harris Commissioner Gil Commissioner Liebman Commissioner Welsh 5-0 Yea Yea Yea Yea Yea 2 9 City Commission Agenda Item Report Meeting Date: January 21, 2020 Submitted by: Quentin Pough Submitting Department: Parks & Recreation Item Type: Resolution Agenda Section: Subject: Agenda Item No:2. A Resolution authorizing the City Manager to negotiate and to pay Stantec Consulting Services, Inc. to conduct survey reports, conceptual designs, and community input meetings related to the conversion of a residential property into a public park. 3/5 (City Manager-Parks & Recreation Dept.) Suggested Action: Attachments: Memo-New Park Construction Design.docx Reso-New_Park_Construction_Design_Option_2_CArevl.docx Proposal-Ludlum Glades Park (option #2).pdf Stantec Professional Service Agreement.pdf Property Boundary Survey.pdf 1 10 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: Steven Alexander, City Manager Via: Quentin Pough, Director of Parks & Recreation DATE: January 21, 2020 SUBJECT: . A Resolution authorizing the City Manager to instruct and to pay Stantec to conduct survey reports, conceptual designs, and community input meetings related to the conversion of a residential property into a public park. BACKGROUND: Pursuant to the Professional Services Agreement provided by the city for professional general engineering and architectural services, city staff desires to engage Stantec to conduct survey reports, conceptual designs and community input meetings related to the conversion of a recently purchased property located at 7435 SW 66 Avenue (14,810 SF) into a public park. At the last City Commission meeting held on Tuesday, January 7, 2020, staff recommended a proposal that included jurisdictional wetland review, survey of waterway, and costs related to the design and permitting of a floating dock/ramp for non-motorized boat operators. Due to the initial proposal's work scope, service fees and other factors, the City Commission deferred the item and directed staff to present an alternate proposal. The attached revised proposal directs Stantec to conduct survey reports, conceptual designs, and coordinate community input meetings only. This option allows the City Commission and staff to clearly define which park elements and features are desired by city residents, as well as determine applicable and reasonable professional design fees for future services related to this project. Once these phases are complete, including the input from community residents and identification of park elements and features, staff will submit a new proposal for City Commission review pertaining to project management and permit coordination with City of South Miami and Miami-Dade County Department of Regulatory and Economic Resources (DRER); specs and bid package preparation, final signed and sealed 2 construction documents, anticipated/preliminary construction costs, as well as post assistance with pre-bid conference(s) and construction administration services. 11 THE CITY OF PLEASANT LIVING ExPENSE: ACCOUNT: ATTACHMENTS: CITY OF SOUTH MIAMI OFFICE OF THE CITY MANAGER INTER-OFFICE MEMORANDUM The anticipated length of service for this project is 3-4 months commencing after the notice to proceed. Amount not to exceed $25,400. The total expenditure in the amount of $25,400 shall be charged to account number 301-2000-572-6450, which has a balance of $821,678 before this request was made. Resolution Project Proposal -Stantec Professional Service Agreement -Stantec Property Boundary Survey 3 12 () Stantec Januacy10,2020 City of South Miami Ponce de Leon Boulevard, Suite 900 Coral Gables, Florida 33134 Tel: (305) 445-2900 Parks & Recreation Department 5800 SW 661h Street Miami, FL 33143 Main: (305) 668-3867 Attention: Mr. Quentin Pough, CPRP, CPSI Director of Parks and Recreation Reference: Ludlum Glades Park -7435 SW 66 Ave City of South Miami, Florida Dear Mr. Pough: We are pleased to present this proposal for professional engineering services. We understand that the City of South Miami would like to convert the recently purchased residential property located at 7435 SW 66th Ave (14,810 SF) into a public park. We also understand that the City has included construction funds under Fiscal Year 2020/2021 and therefore would like to bid the project in October 2020. SCOPE OF SERVICF.S; TASK 1 -Due Diligence Phase Consultant shall review existing documents such as as-built drawings, property records, permit histocy and City of South Miami information to serve as a benchmark for existing site conditions. Any documentation regarding the property that is available to the City shall be submitted to us for review of that data. We will obtain a topographic and tree survey of the project area and a geotechnical report for use in our design. See attached sub-consultant proposals. TASK 2 -Conceptual Design Phase Up to three conceptual design plans for the development of the Ludlum Glades Park will be prepared for use at two public input sessions. Conceptual plans will be based on the site survey, including general topographic information and tree locations. High quality trees will be retained within the conceptual designs; however, it i5 assumed all existing structures will be removed or replaced. Conceptual design plans will be for illustrative purposes only and will convey anticipated uses. Based on conversations with the City, pOSSI'ble suggested park items include the following: • Half-court basketball court • Pavilion(s) • Tot-lot • Sidewalks • Landscape Areas TASK 3 Community Input Meetings on Conceptual Desim Phase Following completion of the conceptual designs, Stantec will host two public input meetings for community review. These will be held at a location determined by the Parks and Recreation Department. It is Design with community in mind 6 13 January 10, 2020 Page 2 of 2 understood that the Department will provide public notification to neighborhoods surrounding the park project and will be responsible for costs associated with any meeting venue fees or equipment usage. Public input meetings will be informal; however, they will gather written comments and/or a project survey to formalize community feedback. Prior to the meetings, illustrations and any survey forms will be provided to the Department for distribution to residents that may be unable to attend the public meetings. A summary of each meeting and overall results/feedback will be provided to the Department prior to completing the Design Development Phase. Any significant plan revisions caused by changing agency criteria after our initial design is reviewed with each appropriate agency and similar factors outside the Consultant's control, additional meetings or coordination will be considered as Additional Services. Exclusions: • Change of zoning or land use approvals • Asbestos survey • Traffic studies or traffic impact statements Terms and Conditions; All terms and conditions shall be per our Professional Service Agreement for Professional General Engineering and Architectural Services as authorized by Resolution 060-17-14861. Our fees shall be as follows. Task 1 (Lump Sum) ....................................................................... $11,705 Task 2 (Lu.mp Sum) ........................................................................ $9,695 Task 3 (Lum Sum) .......................................................................... $3,400 Reimbursables (presentation boards if needed) .............................. $600 TOTAL: $25,400 We are ready to begin working on this assignment upon your authorization to proceed. If acceptable to you, we will accept a signed copy of this form as your written authorization to proceed. Thankyou, Stantec Consulting Services Inc. OnnC~ Sean Compel, P.E., LEED AP, ENV SP Senior Associate Tel: 305-445-2900 sean.compel@stantec.com City of South Miami Approved by: Signature Print Name Date V:\2156\business_devolopment\:2156lb119CityofSouth Miami\ludlum glades park\Option 2\south_miami_Ludlum Glades Park Option 2.doc:x D,;,s1gn with corwm.,riit1 1n mind 7 14 Stant ec Cons ulti ng Services Inc. Fee Worksheet -Page 1 F EE WORKSHEET DATE: 8 -Jan-20 PROJECT : Ludlu m Glad es Park Senior Senior Project Biol/LA/Engi Engineer Seni or CAD D ue Diligence -T a sk 1 Principal Manager nee r Intern Tech Clerical Si te vi sit and photo log 2 2 Site investigat ion and review of existing asbui lts 2 8 Environ ment al S u rvey Deskto p Review & Pre pare Bio logica l Re po rt Su b -Tota l Hours 0 4 0 10 0 0 Billing Rate $ 180.00 $ 170.0 0 $ 145 .00 $ 95 .00 $ 10 0 .0 0 $ 45.00 Labor Co st $0 $680 So $950 So So D u e Diligence Phase Sub-To tal: $1,630 Ge o t echnical: $2,275 S urvey: $7,8 00 D u e Dilig enc e To tal: $11 ,705 Concep tual D e sign Ph ase -Task Senior Project Senior Engineer Senior CAD 2 P ri ncipal Manager LA/Engineer Intern Tech Clerical Co nceptual Design P hase -Publiclnput 4 8 15 40 4 Ge ne ral Co o rd ination & Ma nage ment 4 4 S ub-Total Hours 4 12 19 0 40 4 Billing Rate $ 180.00 $ 17 0 .00 $ 14 5.00 $ 95 .00 $ 100.00 $ 45.00 Labor Cost $720 $2,040 $2,755 $0 $4 ,000 $180 Conceptual Desien Phase Sub-Total : $9,695 Senior Proj ect Senior Engineer Senior CAD Community Meeting Task 3 P ri ncipal Manager LA /Engineer Intern Tech Cle r ical Prep aration & Attendance 8 0 8 4 Gen era.I UJ o rdmat10n & Ma nagement 4 4 Sub-Total Ho urs 0 4 12 0 8 4 Bill ing Rate $ 18 0 .00 $ 170.00 $ 145.00 $ 95 .00 $ 10 0 .00 $ 45.00 Labor Cost $0 $680 $1,740 $0 $800 $180 Co mmunity MeetinJa? Sub-T o tal: $3,400 S ub-Total All S ervices: $24,8 0 0 Reimbursabl es (Presen tations Board) $600 Total Fee : $25,4 0 0 8 15 Jun e 4, 2019 Nutting Engineers of Fl ori da In c. I Establ ished 196 7 Your Project is Our Commitment Mr. Carlos Herdocia, PE 90 1 Ponce de Leon Boulevard/ Ste. 900 Cor al Gables, FL 33134 Phone : 305 .445.2900 Cell : 786.502 .0701 Email : carlos .herdocia@stantec.com Re : Propo sal fo r Geotechnical Exploratio n Services Proposed City of South Miami Park 7435 SW 66 t h Ave nu e South Miam i, FL 33143 De ar Mr. Herdocia : Geo tech nic al & Co nstruc ti on Materia ls Engi neeri ng, Te sting , & Inspection Environmental Services Ott ices throughout the state of Florida www . nu tti nge ng ineer s. com info@ nutt inge ngineer s.co m Miami Dade County Tier 2 CBE Palm Beach County SBE SFWMOSBE Small Business Administration SBE for Federal Projects Nutting Engineers of Florida, Inc . (NE) is plea sed to present this proposal for performing geotechnical exploration serv i ces for t he referenced project. Per your email dated November 14, 2019 and review of the site plan provided, we understand that plans for this project inclu de constr uct ion of a new gazebo, new restroom building, and boat ramp at the referenced site. Based on your request for proposal and our understanding of the project, we propose the following scope of work and fee schedule. SCO PE OF WORK We propose to perform one St andard Penetrat ion Test (SPT) boring in gene r al accordance with ASTM D-1586 specifications to a dep th of 25 feet in t he area of the proposed construction . Additiona ll y, we propose to perform one South Flor i da Water Ma nage m ent Distr ict (SFWMD) usual type open -hole exfil t ration t es t to a deP.t h of 15 feet in an effort to measure the hyd raulic conductivity of the existing soils at specific test loc ations for site drainage eva luation by others. The proposed tests w ill be performed at locations identified by Stantec person ne l. At t he complet ion of the o n-site work, the soil samples wi ll be returned to o ur laboratory. We w ill provide an engineering rep ort includ ing a description of our findings and genera l site preparat i on an d foundation des ign recommendati ons fo r sup port of the proposed structures. In order to provide information concerni ng the engineering properties of the soils enc ountered, it is anticipated that tests may be performed to determine natural water content, organic content, and sieve ana lys is on representative soil samp les collected from the site. The eng i neering report will include graphic logs of the test bori ngs and a t est boring loca t ion plan . We ass ume the si te is access ible to t ruc k mounted drilling equipment and that underground utilities will be cl eared by others prior to our perform i ng the on-s ite work. 2051 NW 112th AVENUE, STE. 126 · MIAMI, FLORIDA 33172 · 305-824-0060 · FAX 305-824-8827 St. Lucie 772 -408-1050 · Broward 95 4-941-8700 • Palm Beach 561 -736 -4900 a t,!INl\1ER5Alll' 1.007-20J 7 -9 16 Sto n tec Prn. osed City of South Miami Park 74 3 5 SW 6trh Avenue, South Miami, FL Pa ge lo/4 FEE SCHEDULE T e above indicated scope of work will be per formed for an estimated cost of $2,275 .00 based on the following rates and quantities : Tec hnic ian site visit, utility clearance M obilization of equipment/ crew SPT bori ngs * (tr uck mounted dri ll rig) Cas.i ng SFWMD exfiltr ation test Proj ect Engineer Pr in cipal Engineer Cl e ·i cal/ Admi nistration Lump Sum 1@ $350.00 Lump Sum Lump Sum Lump Sum Lump Sum Lump Sum Lump Sum $100.00 $350.00 $400.00 $100 .00 $400 .00 $750.00 $125.00 $50.00 We ant icipate being able to begin this wo rk within approximately two business days of receiving written authorization to proceed . The on -site work should take one business day to complete. The test report should be available within app roximately 12 -15 business days after t he on-site work is completed . NE has been offering geotechnical eng i nee r ing, env ironmental sciences, materials testing, and structural inspection services fo r 50 years in South Florida and the Tre asur e Coast during which t ime we have worked on many similar projects. Our co m mitment to practical, cos t effective sol utions supported by responsive client services distinguishes our firm and enables us -:o solve yo ur most demanding technical cha ll enges. Another value added component NE brings to your project is our staff of ex perience d professionals including geo t echnical engineers, environmental specialists, field personnel who are certified and have been t rained to provide a wide ra nge of consulting services, and our dedicated administrative staff. 0 r laboratory is checked annu ally by the Construction Ma t erials Engineering Counci l (CMEC) and is cert ifi ed to perform geo techni ca l engineer in g and materials te st ing serv ices for the Florida Department of Transportation (FOOT). Note that we car ry one million dollar professional liability and one million dollar general liability insurance. Tha nk you for providing us the opportunity t o present this proposal. We look forward to working with you on this and future pro jects . Res pectfu lly submitted, N UTTING ENGINEERS OF FLORIDA, INC. Scott Ersland Di,.·isio n Manager Adr ian Ramirez Engineering Intern Re orts and invoices will be addressed to t he clien t as listed below unless other instructions are provided in writing with this exe cu ted proposal. The undersigned, as an authorized representative of the entity listed below, approves this proposal and agre es t o be bound by the t erms and condi t ions contained in this proposal. Deposit amoun ts are collected at time of written au:horization t o proceed . If you are a first t i me client, we request that the balance due for thes e services be paid at the time o f report completion . Once your account is established, our terms are net 30 days . Any invoices over 30 days will be assessed a 1 1/2 percent service charge per month until paid in full. 2 51 NW 112th AVENUE · MIAMI, FLORIDA 33172 · 305-824-0060 · FAX 305-824-8827 t . Lucie 772 -408-1050 · Broward 954-941 -8700 · Palm Beach 561-736-4 900 a 11NNIVERSARy \067-20 !7 -- 10 17 Stantec Pr oposed City of South Miami Park 74 35 SW 66'h Avenue, South Miami, FL Page3o/4 PL EASE ENTER INFORMATION LEGIBLY BELOW SO IT CAN BE UTILIZED FOR PROJECT SET-UP: SIG NATURE: ___________________ DATE: ____________ _ PRINT NAME: ___________________ TITLE: __________ _ COMPANY NAME : ______________________________ _ AD DRESS: __________________________________ _ PHONE: __________________ FAX: _______________ _ EMAIL: ________________________________ _ General Terms and Conditions For the purpose of thi s project, the addressee of this proposal will be known as the Client. The client is expected to furnish NUTTING ENG INEERS OF FLORIDA , INC. ("NE"), w ith accurate information including sketch or survey and/or site plan , construction drawi ngs/specificat ions as appropriate, deta ils of proposed construction includ ing the proposed structural system and loads or existing construction problem information and site accessibility information as appropria te. Other information requirements may be detaile d in the enclosed proposal. IF ANY CON DITIONS CHANGE such as building layout, loading, project specifications/design, or unusual site conditions are observed, NE should be notified immediately in writing ab out the changed condition for possible review and comment Should the Client wish to impose other conditions and requirements beyond those contained i n this proposal such as in a separate con tract, we reserve the opti on to modify contract language, fee amounts, to remo ve our proposal from cons ideration or other measures as may be indicated . Dellvery-Scheduled upon receipt of written authorization to proceed and deposit unless other arrangements are agreed to in writing. Add~ional report copies can be provided for a nominal fe e to the Clie nt. NE will exe rcise appropriate measures to ensure project comple t ion within a reasonable time frame subject to existing workloads. However, NE will not be held respons ible fo r unavailability or necessary project data and site access within the time frame agreed upon for the investigation . Project delive ry may be delayed if the ENTIRE signed proposal and deposit are not rec eived in a timely manner. The ENTIRE signed quotation should be returned akmg with th e requested project information. This unsigned proposa l is valid for 60 days. Payment -No deposit required with signed agreement. Directing NE to proceed with the work shall constitute acceptance or the terms of NE's proposal and these General Terms and Con ditions. Balance due upon delive ry or report Interest at the rate or 18% per an num orthe hig hest rate allowable by law whichever is less, will be added to all amounts not pa id within 30 days after date of invoice. All attorney fees and expen ses associa ted w i th collection of past due invoices will be paid by Cl i ent. Insurance -NE maintains Workers' Compensation and Employer's Liability Insurance in conformance with state law. In addition , we mai nta in Comprehensive Genera l liability Insurance and Automobile Liability Insurance with bodily i njury limits or $1,000,000.00 and property damage limits or $1,000,000.00. A certificate or in surance can be supp li ed evidencing such coverage which contains a clause providing that fifteen days written notice be given prtor to cancellation . Right-of-Entry -Unless otherwise agreed, Client will furnis h righ t-of-en try on the property for NE to make the planned borings, surveys, and/or explorations. NE will not be respons ible for removi ng fences, earth berms, vegetation or other obstructions for purposes of our investigation. NE will take reasonable precautions to minimize damage to t he property caused by its equ ipme nt and sampling procedures, but the cost of restoration or damage which may result from the planned operations is not included in the contracted amount If Client des ires to re store the property to its former condition, NE will accomplish this and add the cost to its fee. Cl ient agrees to waive all claims arising from or related to the failure to provide NE with proper acces s to conduct its work. Dam age to Exi sting Man-made Objects -It shall be the respo nsibi lity or the Ow ner or his duly authorized repre se ntative to disclose the presence and accurate location or all hidden or o bsc ure man-made objects relative to routes of access, field tests, sampling, or boring loca t ions. When cautioned, advised or given data in writ i ng that reveal the presence or potential prese nce or underground or over-g round obstructions, such as utilities, septic tanks, etc., NE will give special instruct ions to its field personnel. In addition, Client waives any cla im aga i nst NE arising from damage to existing man-made objects . W arra nty and Umltatlon of Uablllty -NE shall perfo rm services for Cl ient in a professional manner, usin g that degree or care and skill ordinarily exercised by and consistent w ith the standa rds of competent consultants practicing in the same or a simila r locality as the project. In the event any portion of the services fails to comply with this warranty obligation and NE is promptly notified in writing prior to one year after completion of such portion of the services, NE will re ·perform such portion of the services, o r if re-performa nc e is impracticable, NE will re fund the amount of compensation paid to NE for such portion of the services . This warranty is in lieu of all other warranties. No other warranty, expressed or implie d, including warranties or me rchantabil~ and fitness for a particu lar purpose is made or intended by the proposal for consu lting services, by furnishing an oral response of the findings made or by any represe ntations made rega rd ing the services inclu ded in this agreement. In no event shall NE or any of its professional employees be liable ror any spec ial, indirect, incidental or cons equential loss or damages, i ncluding but not limited to i mpact and delay claims . The remed ies set forth herei n are exclusive and the total liability of consultant whether in contract , tort (i nc luding negligence whether sole or concurrent), or otherwise arising out of, connected with or resu lting from th e services p rovided pursuant to this Agreeme nt shall not exceed the total re es paid by Client or $50,000.00, whichever is greater. At additional cost, Client may obtain a higher li mit pr io r to commencement of services. PURSUANT TO §558.0035, FLORIDA STATUTES, NE'S INDIVIDUAL EMPLOYEES AND/OR AGENTS MAY NOT BE HELD IND IVIDUALLY LIABLE FOR NEGLIGENCE ARISING OUT OF, CONNECTED WITH, OR RESULTING FROM THEIR SERVICES PRO VIDED PURSUANT TO THIS AGREEMENT. Indemnification -Client ag re es to defend, indemnify and save harmless NE from all claims , including negligence claims, su its, losses, personal injuries, death and property liab il ity resulting from NE 's performance or the proposed work, whether such claims or damages are caused in part by NE , and agrees to re imb urse NE for expenses in connection with any such cla i ms or suits, including reasona bl e attorney's fees . Cl ient's obligation to indemnify is lim ited to S2 milrion per occurrence, which Client agrees bears a re asonable commercial relationship to the Work undertaken by NE . Client further agrees that these gene ral conditions are a part of the Work's specifications or bid documents, if any. 20 51 NW 112th AVENUE · MIAMI, FLORIDA 33172 · 305-824-0060 · FAX 305-824-8827 St. Lucie 772-408-1050 · Broward 954-941-8700 · Palm Beach 561-736-4900 11 18 Stant ec Pro p osed City of South Miami Park 7435 SW 6(ilh Avenue. South Miami, FL Pag e 4 o/4 Sa m pllng o r Testin g location -Un less specific.illy stated to the con tra ry, the unit fees included i n this p roposa l do not i nclude costs associated with professional land surveying of the site or the accu rate horizontal and vertical locations of tests. Field tests o r boring locations descri bed i n our report or shown on our sketches are based on spec ific information furnished to us by oth e.1'3 and/or estimates made in the fie ld by our technicians. Such dime nsions, dep ths or elevations sho ul d be co nsi dered as approximatio ns unless otherwise stated in the report. It is understood t hat all d rilling locations are accessible to conventiona l truck mounted drilling equ ipment unles s otherwise specified by the clie nt . If unsched uled remobilizations or use of ponable or all terrain eq uipment Is requ ired additiona l ch arges will apply. NE will attempt to clear utilities at our excavation/test locations by manual dri lling to 3' below land surface (Bl.SJ . Any utir~ies /obstructions present at clien t specified test locati ons o r below 3' BLS will be the respons ibility of the client. Sa mpl e Ha ndling a nd Retention -Genera lly soil test samples are re tained for approxi mately three months after which time they will be disca rded unless written instructions to the contrary ar.t rec:eived from the cl ient Lepl Jurisdiction -The parties agree that any actions brought to enforce any provision of this Agreement shall on ly be brought i n a court of competent jurisdiction located in Palm Beach Count:y, Flo ri da. Any and all causes of action arising out of NE's performance of the Work, i nclud ing b ut not limit ed lo cl ai ms for indemnity, contribution and equ itable subrogation, shall be d eemed to have accrued and the app licable statutes of limitations sha ll commence to run not later than the date of NE 's last invoice for the Work performed hereunder. Fora, Majeure -NE shall not be held responsible for any delay or failure i n performance of any part of this Agreement to the e)(lenl su ch delay or failure is caused by fire, flood, exp los ion , wa ,, "ke, embargo, go vernment requi rement, civil or m ilitary authority, acts of God, act or omiss ion of subcontractors, carriers, client or other similar causes beyond its control. Doa,ments-NE sha ll be entitled to rely upon the accuracy an d completeness of all surveys, reports and information furnished by the client If conditions different from those d escribed in oir "'port are found at the site, NE should be notified In wri ting immediately upon discovery. NE reserves the right to revise conclusions and recommenda t ions presented in the final report s~ add itional information regarding the project become availa bl e. All pe rmits will be obtained by others un less ot herwise specified i n this proposal or in w ri ting to NE. NE has no liability for cc ns equences of in formation not provided or unavailable or otherwise not reviewed or known from the normal sou rces cust.omarily e><amined by NE in such investigati ons with in the time fra me allowed for this investigation under this agreem ent. The cli ent, entities Identified in writing on the address portion of our report, design team professionals engaged by our cl ie nt and bui lllflg official staff are entitled to use and rely u pon NE 'S reports for purposes of the current project. Other parties are not authori.led lo use or rely upon NE'S reports unless NE so states in wri1h g. NE -Genera l Contract Terms and Con ditions May 2017 2 51 NW 112th AVE N UE · M IAMI, FL OR IDA 33172 · 305-824-0 0 60 · FAX 305-824 -8827 t . Lu cie 772-408-1050 · Bro ward 954-94 1-87 00 • Palm Beach 5 61 -736-4900 m ,-NNIVERSAJl}• ½\9~l7 12 19 L L ONG ITU DE SURVEYORS -------------- Tuesday, November 26, 2019 Carlos M. Herdocia, P.E., LEED AP Sta ntec 901 Ponce de Leon Boulevard, Suite 900 C o ral Gables, FL 33134 RE: Surveying serv ices for 7435 SW 66 Avenue, City of South M iami, FL De ar Mr. Herdo cia, VIA EMAIL: carlo s.h erdocia@stantec .com 7435 SW 66 Avenue Pursuant to your request regarding a fee estimate for Surveying and Mapping services for the a bove-referenced project, LONGITUDE SURVEYORS, LLC (LS] is pleased to submit the following Proposal for your considera ti on . A. Scope of Work: Longitude will perform a Topographic/Bathymetric/Tree Survey to inc lude the following in formation: • Longitude Surveyors will set horizontal and vertical control around th e land side perimeter of the area of interest. • Right-of-Way and property lines for the project area will be shown graphically. • Longitude Surveyors will collect sidewalks , curbs , catch basins , signs, entrances, trees , and any other significant above-ground improvements. • Longitude will collect elevations equivalent to a l 00 -foot grid . • Longitude will collect existing drainage information such as rim elevation, pipe size, pipe material, pipe directio n , and inverts. • Longitude will collect canal cross -sections extending arm's length into the canal. The canal cross-sections will be adjac en t to the property li n e, extending five feet beyond the property line. • Longitude will locate trees and palms within Survey limits having a 3-inch diameter or greater at breast height (DB H) or being 12-feet in height or greater to include the fo llowing for each: scientific name, common name, diameter at breast height {DBH), height of tree , and canopy. LS will collect e levation at th e base of each tree within Survey li mits . • The Survey will be gee-referenced to the State Plane Coord inate System , based on the North American Datum of 1983 /2011. • All elevations will be re ferenced to the National Geodetic Vertical Dat um of 1929 {NGVD29], unless Client provides written notice at time of Notice to Proceed {NTP]. B. Deliverables: LS will prepare four (4] signed and sealed paper copies and a pdf file of the re sulting Su rvey . C. Survey Limits: 7435 SW 66 Avenue , Miami, Florida 33143, (City of So uth Miami new park), as per attached Exhibit provided by Client. D. Fee: The total professional fee to comp let e th is tas k shall be a lump sum of $7,800.00. I agree that by signing below "I APPROVE AND ACCEPT" this proposa l as a legal binding contract. By: Date: ------------------(Authorized Signature) Title: (Typed or printed name] Resp~tfully Yours , LONGITUDE SURVEYORS 7769 nw 48 sheet suite 375 • dorol. FL 3 lbb • pl1: 305.46 .0912 • fa x: 305.5 13.5680 13 20NOTE: • WOOD DOd< INTO A 5' C.M.E ON EAST PROPERTY LINE. -~AJN LINK FENCE INTO 5' DRAINAGE EASEMENT ON NORTH PROPERTY LINE. le ~ E~ I e: ~ ~ \ (Ii! nor 1U/I ;. • <1 it.JO' E, n 7:,,-"°~' .:.,,}!,• 1,.1, .!ii'" L. -----:::S#-~ -----~;~ ---_;e--;:.---"'_-::::.-;::.-v-~, ... ,,,_;;· -..... ~ , ! /// d / .,1'§.i""' !~ //~~'l;, .,.."✓ -::;,.s,.... I / /.'l k ,,-:,'l" 'tf• -;,/ ~I'-\. # c,l'-// / / ✓-~-,/ / 'l/ ,,"',,'l ,,.."' / BOUNDARY SURVEY fftYJl!l'l•oamr11: ac.--...aaa1; .a.c.-pGlfr.,---o-.c &iBiliii!iil .. oaa,ua~ 5:~'---oae •===-.-;\ tzt'~~ ---:-r---___ , ~--_,.,i:=..., -A-.-.-.,. ua ,_. CGrJ r. -,. ,ur =-:.,..--== ==t¥' ~.::.:., ~..,. ... t.·~..... ~ .. -::r"'rm. &&.-..... --=---"· aw.Ml..-.«/•U :-'IN. ......... r.._.... ,..,........_.. ... """" --------------I __,. c::nnrt NJ 'M arcT .,__,.....,....,..__,,. 5,=,;:.,m::..J:,,--~1=:-=F-~· -!.i~oriw1 :~~~..=--~-=.~=----...,.. ~::c::.:c::-c:r.= ~yrca:r:-....,.. I,-=-..a:~uaen -ILWZ JQ~iA°"" LOCA TION UAP _,.,.,.., .!!! . .'!"~-,----~ ; PROPERTY ADORESS: 743; SW 66 A\IE., SOUTH MIAMI, Fl.. 33143 Cl:RTIFIED TO: LOTT & LEVINE, AND GEORGE J. LOTT OLD REPU8llC NATI DNAL TITLE INSURANCE COMPANY THE Ori OF SOUTH MIAMI a j LEGAL DESCRIPTION: LDT B, LUDLAM PARK ACCORDING TO TliE PlATTHEREOF, AS RECORDED IN PLAT BOOK 6.5, P.._GE 55 OF THE PUBLIC RECORDS Of MIAMI-DADE COUNTY, FLORIDA. SU~Yf!CJll'SNOTUI 1)~"2-P.50IUCCTT00PtHIOHOf1TO(, 2) HDl VAi.JD Wffi10lfTl11E :skiHAlVRf»iO AAIS(O SEAL.Of, A FlotUDAUCl.~O SUfll~OA ~0 MAPN!R, 31 11-41 $UA~Y DCP'ICTtD H[RE IS HOT COVflilrD 111 "'-OfUSICNAl UABIUTI' IN:SUf\l.NCE. 41 LEGAL 0£.S01ll'T'IOIN PftOYlDED 8't' Cll[h'T, 51 U~POl~OUHD lHCJ.OAOfMOifl'l NOT LOC-'ltD, 6JEU:VATl<JNS Ml ~DON NA110H'A1.Gl00£n(:'iUT1CALO,t,TVM Of 192t, 71 O'NN:ttsll!t OF fU4CD MC IJl'IKNOWN, 11 Tt-lfl! MAY ll ADCITIOHM.JUB:cnofits Haf sHO\YNOH llit1,SlllMYTHAT MAYIE fOOHO INTM P"Ullte.ftfCO£W5 Of TtUCOUHTI', 'i)COffT/itCTTIIEN1'110f'f'IIA1t~ITYP"fllOflTOAN'fDESlatlWOIOCfOfteiJIII.OIPIGN40ZOHl~1NrOAA4'~nOH-tO) tx.AMIMATIOH OF TK:J.AfTMCf Of' nru 'MlltiAVE TOI£ MA,[)f TO nrnRhffHE AECQII.DCD INS'OUMfHT1, Ir AN'I, ,tlF[CTif,IQ THIS ~OP[RTI', H)ll11./A.TION, IAS[b Off c» e.Mf LOCI HEV, A.DOfTIOHSOfl Dfl.CllJNSTOSURvtYMAIS,0111 UPOKO BYOTHUlltAH llfEStcNNG ,Ml'YOPi ~AATll.S I! ltJIIOt4111fl'DwmfOtJTWM'TIN CONSCNT OF1HE 51ClN1Pk'.i ,ARTY Oft , ... ,nc. N.MJNGSwttEN5H<M'NAA(IUUUfOTPAMASSUMf0'¥AWf0fSAIJffl: ,.s PG:~~ SIHC~ 1917 BLANCO SURVEYORS INC. englnHn. • und ~ • Fwner-s • LB I 0007059 SM NORTH SHORE ORIV'E ~I FV=..N.H. FL Xt141 NOrVAI.JOUN..ESS EUBOSSEDV,ntt SUR'v'E:YOR' S SEAL (305) 865-1200 Emalt bianco1U1Veym"slnc@yahoo.com Fu: (3051 el!IP810 [I] FLOOO ZONE: Ni SOFFIX: l FEMAO,,.TE: C>g/11109 IIAS£: r PN-El: 0451 CONM\.t,ITY f RE\'ISED: o,.re = 1~°""11.&Y: J08No. c.:-...... ... ...... ............ --ua,......a ..... .:..,_,,... ---·-· .... .,..__ ..... 14 VI/IQ. ,•111130' RJIEUO 19-216 21 Qualification Statement -Port 2 -Standard Forms IEXH9BHT#6 PROFESSIONAL SERVOCIE AGREIEM!ENT "Professional General Engineering and Architectural Services" RIFQ #PW2016-22 THIS AGREEMENT made and entered into this ~\ ~\ day of~~ , 20J]_ by and between the City of South Miami, a municipal corporation (hereinafter referred to as Owner or CITY) by and through its City Manager (hereinafter referred to as CITY or City Manager) and S "'t \\,i'\:'\"2. C who is authorized to do business in the State of Florida, (hereinafter referred to as the "CONSULT ANT"). In consideration of the premises and the mutual covenants contained in this AGREEMENT, the parties agree to the following terms and conditions: 1.0 General Provisions 1.1 A Notice to Proceed will be issued by the City Manager, or his designee, following the signing of this AGREEMENT. This AGREEMENT does not confer on the CONSUL TANT any exclusive rights to perform work on behalf of the Owner other than the work described in one or more Notice to Proceed (hereinafter referred to as the "WORK"), nor does it obligate the Owner in any manner to guarantee work for the CONSUL TANT. 1.2 The CITY agrees that it will furnish to the CONSULT ANT available data and documents in the CITY possession pertaining to the WORK to be performed under this AGREEMENT promptly after the issuance of the Notice to Proceed and upon written request of the CONSULT ANT. 2.0 Scope of Services. The CONSUL TANT shall perform the work as set forth in the Scope of Services as described in the Notice to Proceed. 3.0 Time for Completion 3.1 The services to be rendered by the CONSULTANT for any WORK shall be commenced upon receipt of a written Notice to Proceed from the CITY subsequent to the execution of this AGREEMENT and shall be completed within the time set forth in the Notice to Proceed or other document signed by the City Manager, or designee. 3.2 A reasonable extension of time will be granted in the event there is a delay on the part of the CITY in fulfilling its part of the AGREEMENT, change of scope of work or should any other events beyond the control of the CONSULT ANT render performance of his duties impossible. 4.0 Basis of Compensation: The fees for services of the CONSUL TANT shall be determined by one of the following methods or a combination thereof, as mutually agreed upon by the CITY and the CONSULTANT. 4.1 A fixed sum: The fee for a task or a scope of work may be a fixed sum as mutually agreed upon by the CITY and the CONSULT ANT and if such an agreement is reached, it shall be in writing, signed by the CONSULT ANT and the City Manager and attached hereto as ATTACHMENT A: 4.2 Hourly rate fee: If there is no fixed sum or if additional work is requested without an agreement as to a fixed sum, the CITY agrees to pay, and the CONSULT ANT agrees to accept, for the services rendered pursuant to this AGREEMENT, fees in accordance with the hourly rates that shall include all Page SI of 66 City of South Miomi -RFQ IIPW20l6-22 ·1 Professional Genefol Engineering end Architecturol Services l 1 ~ 15 22 QuaU!lcatlon Stater.ieni--Part 2 -Standard Forms wages, benefits, overhead and profit and that shall be in writing, signed by the CONSULT ANT and the City Manager and attached hereto as ATTACHMENT A. 5.0 Payment and Partial Payments. The CITY will make monthly payments or partial payments to the CONSULT ANT for all authorized WORK performed during the previous calendar month as set forth in the schedule of payment as set forth in ATTACHMENT A or, if no schedule of payment exhibit is attached to this AGREEMENT then payment will be made 30 days following the receipt of CONSULTANTs invoice as the work progresses but only for the work actually performed and approved in writing by the City Manager. 6.0 Right of Oecisjons. All services shall be performed by the CONSUL TANT to the satisfaction of the CITY's representative, who shall decide all questions, difficulties and disputes of whatever nature which may arise under or by reason of this AGREEMENT, the prosecution and fulfillment of the services, and the character, quality, amount and value. The representative's decisions upon all claims, questions, and disputes shall be final, conclusive and binding upon the parties unless such determination is clearly arbitrary or unreasonable. In the event that the CONSULT ANT does not concur in the judgment of the representative as to any decisions made by him, CONSUL TANT shall present his written objections to the City Manager and shall abide by the decision of the City Manager. 7.0 Ownership of Documents. All reports and reproducible plans, and other data developed by the CONSUL TANT for the purpose of this AGREEMENT shall become the property of the CITY without restriction or limitation. 8.0 Audit Rights. The CITY reserves the right to audit the records of the CONSUL TANT related to this AGREEMENT at any time during the execution of the WORK and for a period of one year after final payment is made. This provision is applicable only to projects that are on a time and cost basis. 9.0 Truth-in Negotiations: If the contract amount exceeds the threshold amount provided ins. 287.017 for category four, the CONSULTANT shall execute a truth-in-negotiation certificate stating that wage rates and other factual unit costs supporting the compensation are accurate, complete, and current at the time of contracting. In such event, the original contract price and any additions thereto shall be adjusted to exclude any significant sums by which the City determines the contract price was increased due to inaccurate, incomplete, or noncurrent wage rates and other factual unit costs. All such contract adjustments must be made · within one year following the end of the contract. I 0.0 Sublettin~ The CONSUL TANT shall not assign or transfer its rights under this AGREEMENT without the express written consent of the CITY. The CITY will not unreasonably withhold and/or delay its consent to the assignment of the CONSULT ANrs rights. The CITY may, in its sole discretion, allow the CONSULT ANT to assign its duties, obligations and responsibilities provided the assignee meets all of the CITY's requirements to the CITY's sole satisfaction. The CONSULT ANT shall not subcontract this AGREEMENT or any of the services to be provided by it without prior written consent of the CITY. Any assignment or subcontracting in violation hereof shall be void and unenforceable 11.0 Unauthorized Aliens: The employment of unauthorized aliens by the CONSUL TANT is considered a violation of Federal Law. If the CONSUL TANT knowingly employs unauthorized aliens, such violation shall be cause for unilateral cancellation of this AGREEMENT. This applies to any sub-CONSULTANTs used by the CONSULTANT as well. The CITY reserves the right at its discretion, but does not assume the obligation, Page 52 of 66 16 CityofSouthMiomi -RFQ OPW2016-22 I Professlonol Generol Engineering and Archi1eclurol Services 1 l 5 23 Quollffcotton Stol'ement -Fort 2 -Standard Forms to require proof of valid citizenship or, in the alternative, proof of a valid green card for each person employed in the performance of work or providing the goods and/or services for or on behalf of the CITY including persons employed by any independent contractor. By reserving this right, the CITY does not assume any obligation or responsibility to enforce or ensure compliance with the applicable laws and/or regulations. 12.0Warran\)'. The CONSULTANT warrants that it has not employed or retained any company or person. other than a bona fide employee working solely for the CONSUL TANT, to solicit or secure this contract and that he has not paid or agreed to pay any company or person other than a bona fide employee working solely for the CONSUL TANT any fee, commission, percentage fee, gifts or any other considerations contingent upon or resulting from the award or making of this contract. For breach or violation of this warranty, the CITY shall have the right to annul this contract without liability. 13.0 Termination. It is expressly understood and agreed that the CITY may terminate this AGREEEMENT for any reason or no reason and without penalty by either declining to issue Notice to Proceed authorizing WORK. or, if a Notice to Proceed is issued, CITY may terminate this AGREEMENT by written notice to CONSULTANT, and in either event the CITY's sole obligation to the CONSULT ANT shall be payment for the work previously authorized and performed in accordance with the provisions of this AGREEMENT. Payment shall be determined on the basis of the work performed by the CONSUL TANT up to the time of termination. Upon termination, the CITY shall be endded to a refund of any monies paid for any period of time for which no work was performed. 14.0 Term. This AGREEMENT shall remain in force until the end of the term, which includes all authorized renewals, or unless otherwise terminated by the CITY. The term of this agreement is three (3) years from the issuance of the Notice to Proceed and one two- year option-to renew. The option to renew is at the discretion of the City Manager. The CITY may terminate the contract without cause following 30 day~ advanced notice to the CONSULT ANT. However, in no event shall the term exceed five (5) years following the issuance of the Notice to Proceed. 15.0 Default. In the event either party fails to comply with the provisions of this AGREEMENT, the aggrieved party may declare the other party in default and notify the defaulting party in writing. If CITY is in default, the CONSULT ANT will only be compensated for any completed professional services and CONSULT ANT shall not be entitled to any consequential or delay damages. In the event that partial payment has been made for such professional services not completed, the CONSUL TANT shall return such sums to the CITY within ten ( I 0) days after notice that said sums are due. In the event of any litigation between the parties arising out of or relating in any way to this AGREEMENT or a breach thereof,·each party shall bear its own costs and legal fees. 16.0 Insurance and Indemnification. The CONSUL TANT agrees to comply with CITY's Insurance and Indemnification requirements that are set forth in ATTACHMENT 8 to this AGREEMENT. 17 .0 Agreement Not Exdusive. Nothing in this AGREEMENT shall prevent the CITY from employing other CONSULTANTS to perform the same or similar services. 18.0 Codes, Ordinances and Laws. The CONSUL TANT agrees to abide and be governed by all duly promulgated and published municipal, county, state and federal codes, ordinances, rules, regulations and laws which have a direct bearing on the WORK involved on this project. The CONSUL TANT is required to complete and sign all affidavits, including Public Entity Crimes Affidavit form (attached) pursuant to FS 287.133(3) (a), as required by the CITY's solicitation, if any, applicable to this Page 53 of 66 Cily of Soulh Miomi -RFQ OPW2016-22 I ProlesSional General Engineering ond Architectural Services I I 6 17 24 Quallffcalion Statement• Part 2 -Standard Forms AGREEMENT. 19.0 Taxes. CONSULTANT shall be responsible for payment of all federal, state, and/or local taxes related to the Work, inclusive of sales tax if applicable. 20.0 Drug Free Workplace. CONSUL TANT shall comply with CITY's Drug Free Workplace policy which is made a part of this AGREEMENT b)t reference. 21.0 lnde,pendent Contractor. CONSUL TANT is an independent entity under this AGREEMENT and nothing contained herein shall be construed to create a partnership, joint venture, or agency relationship between the parties. 22.0 Duties and Responsibilities. CONSUL TANT agrees to provide its services during the term of this AGREEMENT in accordance with all applicable laws, rules, regulations, and health and safety standards of the federal, state, and CITY, which may be applicable to the service being provided. 23.0 Licenses and Certifications. CONSULTANT shall secure all necessary business and professional licenses at its sole expense prior to executing the AGREEMENT. 24.0 Entire Agreement, Modification, and Binding Effect: This AGREEMENT constitutes the entire agreement of the parties, incorporates all the understandings of the parties and supersedes any prior agreements, understandings, representation or negotiation, written or oral. This AGREEMENT may not be modified or amended except in writing, signed by both parties hereto. This AGREEMENT shall be binding upon and inure to the benefit of the City of South Miami and CONSULT ANT and to their respective heirs, successors and assigns. No modification or amendment of any terms or provisions of this AGREEMENT shall be valid or binding unless it complies with this paragraph. This AGREEMENT, in general, and this paragraph, in particular, shall not be modified or amended by acts or omissions of the parties. If this AGREEMENT was approved by written resolution of the City Commission, or if such approval is required by ordinance or the City Charter, no amendment to this AGREEMENT shall be valid unless approved by written resolution of the City Commission. 25.0 lury Trial. CITY and CONSULTANT 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 this AGREEMENT or the performance of the Work thereunder. 26.0 Validity of Executed Copies. This AGREEMENT may be executed in several counterparts, each of which shall be construed as an original. 27.0 Rules of Interpretation: Throughout this AGREEMENT the pronouns that are used may be substituted for male, female or neuter, whenever applicable and the singular words substituted for plural and plural words substituted for singular wherever applicable. 28.0 Severabilit;y. If any term or provision of this AGREEMENT or the application thereof to any person or circumstance shall, to any extent, be invalid or unenforceable, the remainder of this AGREEMENT, or the application of such term or provision to persons or circumstances other than those to which it is held invalid or unenforceable, shall not be affected thereby and each and every other term and provision of this AGREEMENT shall be valid and enforceable to the fullest extent permitted by law. 29.0 Cumulative Remedies: The duties and obligations imposed by the contract documents, if any, and the rights and remedies available hereunder, and, in particular but without limitation, the warranties, guarantees and obligations imposed upon CONSUL TANT by the Contract Documents, if any, and this AGREEMENT and the rights and remedies available to the CITY hereunder, shall be in addition to, and shall not be construed in any way as a limitation of, any rights and remedies available at law or in equity, by special guarantee or by other provisions of the Contract Documents, if any, or this AGREEMENT. In order to entitle any party to exercise any remedy reserved to it in this Page 54 of 66 City of South Miami • RFQ ~ PW201.,..221 Professional General Engineering and Archileclvrol Services 11 7 18 25 QualHlcoiion Staiemenl -Part 2 -Standarcl Forms AGREEMENT, or existing in law or in equity, it shall not be necessary to give notice, other than such notice as maybe herein expressly required. No remedy conferred upon or reserved to any party hereto, or existing at law or in equity, shall be exclusive of any other available remedy or remedies, but each and every such remedy shall be cumulative and shall be in addition to every other remedy given under this AGREEMENT or hereafter existing at law or in equity. No delay or omission to exercise any right or power accruing upon any default shall impair any such right or power or shall be construed to be a waiver thereof, but any such right and power may be exercised from time to time as often as may be deemed expedient. · 30.0 Non-Waiver. CITY and CONSUL TANT agree that no failure to exercise and no delay in exercising any right, power or privilege under this AGREEMENT on the part of either party shall operate as a waiver of any right, power, or privilege under this AGREEMENT. No waiver of this AGREEMENT, in whole or part, including the provisions of this paragraph, may be implied by any act or omission and will only be valid and enforceable if in writing and duly executed by each of the parties to this AGREEMENT. Any waiver of any term, condition or provision of this AGREEMENT will not constitute a waiver of any other term, condition or provision hereof, nor will a waiver of any breach of any term, condition or provision constitute a waiver of any subsequent or succeeding breach. The failure to enforce this AGREEMENT as to any particular breach or default shall not act as a waiver of any subsequent breach or default. 31.0 No Discrimination and Equal Employment: No action shall be taken by the CONSUL TANT, nor will it permit any acts or omissions which result in discrimination against any person, including employee or applicant for employment on the basis of race, creed, color, ethnicity, national origin, religion, age, sex, familial status, marital status, ethnicity, sexual orientation or physical or mental disability as proscribed by law and that it will take affirmative action to ensure that such discrimination does not take place. The CONSULT ANT shall comply with the Americans with Disabilities Act and it will take affirmative action to ensure that such discrimination does not take place. The City of South Miami's hiring practices strive to comply with all applicable federal regulations regarding employment eligibility and employment practices in general. Thus, all individuals and entities seeking to do work for the CITY are expected to comply with all applicable laws, governmental requirements and regulations, including the regulations of the United States Department of Justice pertaining to employment eligibility and employment practices. By signing this AGREEMENT, the CONSUL TANT hereby certifies under penalty of perjury, to the CITY, that CONSUL TANT is in compliance with all applicable regulations and laws governing employment practices. 32.0 Governing Laws. This AGREEMENT and the performance of services hereunder will be governed by the laws of the State of Florida, with exclusive venue for the resolution of any dispute being a court of competent jurisdiction in Miami-Dade County, Florida. 33.0 Effective Date. This AGREEMENT shall not become effective and binding until it has been executed by both parties hereto, and approved by the City Commission if such approval is required by City's Charter, and the effective date shall be the date of its execution by the last party so executing it or if City Commission approval is required by the City's Charter, then the date of approval by City Commission, whichever is later. 34.0 Third Party Beneficiary. It is specifically understood and agreed that no other person or entity shall be a third-party beneficiary hereunder, and that none of provisions of this AGREEMENT shall be for the benefit of or be enforceable by Page 55 of 66 19 Cily of Soulh Miami • RFQ #PW201~22 I P,ofe~sional General Engineering ond Archileclurol Services 118 26 Quallffcotton sta i·ement -Port 2 -Si·andarci Forms anyone other than the parties hereto, and that only the parties hereto shall have any rights hereunder. 35.0 Further Assurances. The parties hereto agree to execute any and all other and further documents as might be reasonably necessary in order to ratify, confirm, and effectuate the intent and purposes of this AGREEMENT. 36.0 Time of Essence. Time is of the essence of this AGREEMENT. 37.0 38.0 39.0 40.0 41.0 Interpretation. This AGREEMENT shall not be construed more strongly against either party hereto, regardless of who was more responsible for its preparation. Force Majeure. Neither party hereto shall be in default of its failure to perform its obligations under this AGREEMENT if caused by acts of God, civil commotion, strikes, labor disputes, or governmental demands or requirements that could not be reasonably anticipated and the effects avoided or mitigated. Each party shall notify the other of any such occurrence. Subcontracting: If allowed by this AGREEMENT, the CONSUL TANT shall be as fully responsible to the CITY for the acts and omissions of its subcontractors/subconsultants as it is for the acts and omissions of people directly employed by it. All subcontractors/subconsultants and their agreements, if allowed by this AGREEMENT, must be approved by the CITY. The CONSUL TANT shall require each subcontractor, who is approved by the CITY, to agree in the subcontract to observe and be bound by all obligations and conditions of this AGREEMENT to which CONSULT ANT is bound. Public Records: CONSUL TANT and all of its subcontractors are required to comply with the public records law (s.119.070 I) while providing goods and/or services on behalf of the CITY and the CONSULTANT, under such conditions, shall incorporate this paragraph in all of its subcontracts for this Project. Under such condition, CONSUL TANT 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 shall 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 shall 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 IH!AS QUESTDOINIS IRIEGAIRDDINIG THE APPLICATION OF CHAPTER I D 9, !FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO IPIROVIIOE PUBLBC RECORDS RELATING TO THIS CONTRACT, CONTACT THIE CUSTODBAN OIF IPUB!UC RECORDS AT 305-663-6340; E-mail: mmenendez@southmiamifl.gov; 6 I 30 Sunset Drive, South Miami, FL 33 D 43. Notices. Whenever notice shall be required or permitted herein, it shall be Page 56 of 66 20 City of Soulh Miami • RFQ OPW2016-22 j, Profes~nctl Generol Engineering and Architectural Services 1 1 S' 27 QuollHcolion Stotement -Po:t 2 -Stanocrd Forms delivered by hand delivery, e-mail (or similar electronic transmission), facsimile transmission or certified mail, with return receipt requested and shall be deemed delivered on the date shown on the e-mail or delivery confirmation for any facsimile transmission or, if by certified mail, the date on the return receipt or the date shown as the date same was refused or unclaimed. If hand delivered to the CITY, a copy must be stamped with the official City receipt stamp showing the date of deliver; otherwise the document shall not be considered to have been delivered. Notices shall be delivered to the following individuals or entities at the addresses (including e-mail) or facsimile transmission numbers set forth below: To CITY: With copies to: To CONSUL TANT: City Manager, 6130 Sunset Dr. South Miami, FL 331 ◄3 Tel: (305) 668-2510 Fax: (305) 663-63 ◄5 E-mail: salexander@southmiamifl.gov City Attorney 6130 Sunset Dr. South Miami, FL 33143 Tel: (305) 667-256◄ Fax: (305) 341-058 ◄ E-mail: tpepe@southmiamifl.gov 42.0 Corporate Authorin,: The CONSUL TANT and its representative who signs this AGREEMENT hereby certifies under penalty of perjury that the CONSULT ANT and its representative have, and have exercised, the required corporate power and that they have complied with all applicable legal requirements necessary to adopt, execute and deliver this AGREEMENT and to assume the responsibilities and obligations created hereunder; and that this AGREEMENT is duly executed and delivered by an authorized corporate officer,. in accordance with such officer's powers to bind the CONSULT ANT hereunder, and constitutes a valid and binding obligation enforceable in accordance with its terms, conditions and provisions. BINI WITNESS WHEREOF, this AGREEMENT was signed on or before the date first above written subject to the terms and conditions set forth herein. /1 . ~;, -,-t .. ~D-; 1 City Clerk _, .. c~·t(~ By~. LE P, Vice President Stantec Consulting Services Inc. (Print Name~~ -·· City of South Miami ----~-By: -__ .,,.7 _...-rst;ven Alexander City Manager Page 57 of 66 21 Cily or Soulh Miami • RFQ UPW2016-22 I ProlesSional General Engineering and Archi1ecturol 5ervices 120 28 Read and Approved as to Form. Language, Legality and Execution thereof: · Sianlac Thomas F. Pepe, Esq. City Attorney Page 58 of66 Quatilicolfon Stotsment-P0tt 2 -standard Forms Cily of S,,vlh f,lkln>i • RFGl ~1'1,V20l6·221 P,ofcslionol General En2lnCC1ing <md Ncl~lcclvrof Setvict-s I I?. I 22 29 n11m,0Ht1ASAHrimric ADDENDUM TO ?ROFESSIONAL SERVICE AGREEMENT "Profeulonml General Ensfneerlng and Ardtltectural Services" RFQ #PW2016-22 The City and CONSULTANT agree that a separate rotational 11st will be dedicated for work performed under a continuing professional service contract, as specified In the Scope of Services, for "Certified Arborlsts Services," and a separate rotational list wlll be established for all CCNA professional services. neertffied Arborlsts Services" Is defined as: o certnfled Arborlst Services: Consultant may be called upon to review all tree removal permit appllcatlons that are submitted to ensure compliance with the regulations outlined In Section 20-4.5.1 of the City's Land Development Code. The review Includes the lnltlal site Inspection followed up by the determination of mitigation and a final Inspection. When needed, assist City Departments with other Issues related to the maintenance, preservation, and protection of trees on both private and public property. The rotational list for "Certified Arborlsts Services" will rotate every three (31 months among the CONSULTANTS. The City Intends to retain a maximum of four (4) qualified firms under four (4) separate but similar Professional Services Agreements. _____ ___, CONSULTANT: ~ (Name of Signatory) Read and Approved as to Form, Language, Legalfty and Execution thereof: .-,-.,,r.: ~"~' By: ~?-J:;,.,,...~7:~=-- Thomas F. Pepe, Oty Attorney By: .,,---::-i _,./steven ~lexander, Oty Manager ( 23 30 1l'hGmas F. Pope IO/IJl2016 ATI"ACIHIMIENT A SGCO!Ml!P>IENSATUOIN'' PR@fESSDONAL IIEflWBCIE AGIIWE!EMIE!NIT HflDNfesslosllll ~ in~-~ $wvk0s" lll!FQ#PWHD6-22 Page59of46 24 143 31 Professional General Engineering & Architectural Services RFQ #PW2016-22 Wage Rates Summary Job Classification City of South Miami Benchmark Hourly Rate Principal $180.00 Sr. Project Manager $170.00 Project Manager $160.00 Senior Engineer $145.00 Senior Planner $125.00 Planner $85.00 Senior Traffic Engineer $125.00 Traffic Engineer $85.00 Senior Designer/Engineer $90.00 Designer $80.00 Engineering Intern $95.00 Senior CADD Technician $100.00 CADD Technician $65.00 GIS Technician $80.00 Senior Construction Inspector $90.00 Construction Inspector $75.00 Senior landscape Architect $125.00 landscape Architect $115.00 landscape Architect Intern $70.00 Arborlst $75.00 Utility Coordinator $90.00 Surveyor/ Mapper $85.00 Survey Technician $60.00 2-Man Survey Crew $115.00 3-Man Survey Crew $125.00 4-Man Survey Crew $135.00 Fire Protection Engineer $90.00 Plumbing Engineer $90.00 Mechanical Engineer $90.00 Electrical Engineer $90.00 Geotechnical Engineer $120.00 Geologist $90.00 Environmental Scientist $85.00 Senior Administrative Assistant $65.00 Clerical $45.00 25 32 I I .A TI' ACIHlMENT .11 OINISIIJRANCE & OINIIDIEIMNl!IFBCATOOINI RteQYHRmlMIENTS PRCR:§SBONALiBIVICEAGFm:IEMENT '"Prof'aulomB Gcanell'lll! !Engineering anc9 A,ddqcturmB $erv1Clfl" lftFQ l¥t!'W10 R 6-ll 1.0 Io Insurance A. Without llmltlng Its ltablllty, the contractor, consulrant or consulting firm (hereinafter referred to as "FIRM" with regard to Insurance and Indemnification requirements) shall be required to procure and maintain at Its own expense duri01g the life of the Contract. insurance of the types and In the minimum amounts stated below as will protect the FIRM, from dalms which may arise out of or result from the contract or the performance of the contract with the City of Soudl Miami, whether such claim Is aplnst the FIRM or any sub-connctor, or by anyone directly or Indirectly employed by any of them or by anyone for whose acts any of chem may ba liable. B. No Insurance required by the CITY shalt lbe issued or wrtuen by a surplus lines carrier unless authorized In wrl?lng by the CITY and such authorization shaJI be at the CITY's sole and absolute dlscret;ion. The FIRM shall purchase Insurance from and shall malntaln the Insurance with a company or companies lawfully aUihori:led to sell Insurance In the State of Florida. on forms approved by the Sule of Florida. as will protect the FIRM. at z minimum, from all claims as set fonh below which may arise out of or result from the IFIRM's operadons under the Contract and for which the FIRM may be legally liable. whether such operations be by the FIRM or by m Subcontractor or by anyone dJrectly or indirectly employed ~ any of them, or by anyone for whose acts any of them may be llable: (a) dalms under workers' compensation, dlsablllty benefit and odler 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 empk>yees: (c) dalms 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 bodUy 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 llabllity Insurance applicable to the FIRM's obligations under the Contract. 1.011 Brm's Insurance GeneraOy. The FIRM shall provide and rnalnraln In force and effect until all the Work to be performed under this Contract has been completed and accepted by CITY (or for such duradon as Is otherwise specified hereinafter), the insurance coverage written on Florida approved forms and as set f9rth below: 1.012 wpr1cers• Compensatjon Insurance at the statutory amount as to all employees in compliance with the "Workn Compensation Law" of the State of Rorlda lndudlng Chapter 440, Florida S~teS. as presendy written or hereafter amended, and all applicable federal laws. Page 60of66 1hamaf.Pea,e ICIIIJ/2016 26 145 33 In addition, the policies must include; Employers' liability at the statutory coverage amount. The FIRM shall further Insure that all of Its Subcontracton maintain appropriate levels of Worker's Compensation Insurance. U .013 . Commecclal Comprehensive General UablUQ' Insurance with broad form endorsement. as well as automobile liablllty, completed operations and produas llablllty, coBtractual liability, severablllty of Interest widl cross liability provision, and personal lnjul!")' and property damage ltablllty with limlts of $1,000,000 combined single ltmit per occurrence and $2,000,000 aggregate, induding: 0 Personal Injury: $1,000,000; 0 Medical Insurance: $5,000 per person; 0 Property Damage: $500,000 each occurrence; 1.014 Umbrella Commerctal Comprehensive General Uabllit¥ insurnnce shall be written on a Florida approved form wld1 the same coverage as the primary Insurance policy but In the amount of $1,000,000 par claim and $2,000,000 Annual Aggregate. Coverage must be afforded on a form no mon! resmrlcdve man dte latest edition of the Comprehensive General Umblllty poftcy, without restrictive endorsements, as filed by the Insurance Services Office. and must include: (a) Premises andl Operation (b) Independent Contractors (c) Products and/or Completed Operations Hazard (d) Explosion, Collapse and Underground Hazard Coverage (e) Broad fonn Property Damage (f) Broad Form Contractual Coverage applkable to this specific Contract. Including any hold harmless and/or indemnification ;greement. 00 Personal Injury Coverage witA-i Employee and ContractUal Exclusions removed, with minimum llmlts of coverage equal to those required for Bodily Injury liablllty and · Property Dam31e Liability. 1.015 Business Aummoblle UabH)i)' with minimum llmlts of One Million Dollars ($1,000,000.00) plus an additional One MIiiion Dollar ($1,000,000.00) umbrella per occurrence combined single limit for Bodily Injury Liability and Property Damage Uabllity. Umbrella coverage must be afforded on a form no more restrictive man the latest edition of me Business Automobile Liability policy, wld1out restrictive endorsements, as fifed by with the state o1 Florlda, and must indude: (a) Owned Vehicles. (b) Hired and Non-Owned Vehicles (c) Employers' Non-Ownership 1.016 SUBCONTRACTS: The FIRM agrees that if any part of the Work under the Contract is sublet. the subcontract shaD contain the same insurance provision as required by of die Firm, other than the Fire and Extended Coverage Insurance and substituting the word Subcontractor for the word FIRM and substituting the word FIRM for CITY where applicable. 1.017 fire and Extended Cover:DIG Insurance (Builders' Risk). IE APPLICABLE: C. In the event that this contract involves the construction of a structUre, the ARM shall malnmin, with an Insurance Company or Insurance Companies acceptable to the CITY, •Broad 11 form/All Risk Insurance on buildings and structures. lndudlng Vandalism & Malidous Mischief coverage, while in the course of construction, lnduding foundations, additions, attachments and aD permanent fixtures belonglng to and consdtudng a pan of Pap61 of66 Tlloma IF. Pepe IGIIJl2014 27 34 said buHcllngs or struc1UreS. The policy or polldes shall also cover machinery, If che cost of machinery Is Included In the Connet. or If die machinery Is localed In a building that II being renovated by nmon of dlls contract. The amount of Insurance must. at all dmes. be at least equal tD the replacement and actUal cash value of che Insured property. The pollcy shall be ln1he name of che CITY and the Firm, as their Interest may appear, and shall also cover die lnlenlSIS of aD Subcontractors performJna Work. D. AU of the provisions set forth In Miscellaneous section herein below shall apply to this coverage unless It would be dearly not applicable. 1.018 Mlsgllanegus; F. If any notice of cancelladon of Insurance or change In coverage is Issued by the Insurance company or should any Insurance have an expiration date chat wlll occur during che period of this contract. 1he FIRM shall be responsible for securlna other uceptable Insurance prior ao such cancelladon. change. or explradon so as to provide condnuous coverage as specified In chis secdon and so as to maintain coveraae durina the life of 1hls Comract. G. AD deducdlbles must lbe declared by che FIRM and must be approved by 1he CITY. At che option of the CITY, elmer die FIRM shall eliminate or reduce such deductible or che FIRM shall procure a Bond. In a form sadsractory to tlhe CITY covenna the same. H. The policies shall contain waiver of subropdon aplnst CITY where applicable. shall upressly provide chat such policy or pokies are primary over any other collectlble Insurance 1hat CITY may have. The CITY reser.,es dae right at any dme to request a copy of die required polldes for review. All policies shaO contain a "severabitlty of Interest" or "cross llabmty' clause without obtigadon for premium payment of the CITY as well as contractual llablllty provision covering the FIRM'S duty to indemnify the City as provided In this Agreement. I. Before stardng the Work. die FIRM shall dellver to the CITY certlftcaces of such Insurance. acceptable to die CITY, as well as the Insurance binder, If one ls Issued. the Insurance poDq,, lncludlna the declaration page and all applicable andorsemems and provide cha name. address and telephone number of the Insurance aaent or broker dm>ugb whom che pollq was obmlned. The Insurer shall be nted A. VII or better per A.M. Best's Key Ralina Gulde. latest edldon and authorized to Issue insurance In the Stare of Florida. AD Insurance pohdes must be wrlaen on forms approved by the State of Florida and they must remain In fidl force and effect for the duradon of me comract period with the CITY. The FIRM 11111)' be required by the OTY, at its sole discretion, to provide a "certified copy' of the IPoltq, (as defined in Ardde I of this document) which shaU include che dedaradon pace and all required endonemenu. In addition. the FIRM shall. deliver, at the dme of delivery of the Insurance certificate, the following endonements: · (3) a pollcy provision or an endorsement with substantially similar provisions as .foRows: ThomlD F. Pepe 1111.112116 "The City of South Miami is an additional Insured. The Insurer shall pay all sums that the City of South Miami becomes leplly obllga1ed to pay as damages because of •bodlly lnJury", 'property damage', or "personal and adverdslng Injury'' and it wlll provide to che City all of the coverage chac Is typically provided under die stmdard Florida approved forms for commercial general tiablU~ coverage A and coverqe B": Page62of66 28 147 35 (4) a poftcy provision or an endorsement widl subsantially similar provisions as follows: "This poftcy shall not be cancelled Ondudlng cancelladon for non-payment of premium), terminated or materially modified without first giving the City of Soudl Miami ten (DO) days advanced written nodce of the Intent to materially modify the policy or to cancel or terminate the policy for any reason. The n01iftca11on shall be delivered to the City by cerdfted mal~ with proof of delivery to the City." J. 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 iro addhion to the above requirements. the FIRM shall also provide Professional Uablllq, Insurance on a Florida approved form In the amount of $1,000,000 wilh deducdble per claim If any. not to exceed 5% of the llmlt of liabillty providing for all sums which the FIRM shaO become legally obligated to pay as damages for dalms arising out of the services or work performed by the FIRM its agems. representatives, Sub Connctors or assigns. or by any person employed or reialned by him In connection wlch chis A,eement. This Insurance shd be maintained for four years after completion of the construcdon and acceprance of any Project covered by this Aareement. However, the FIRM may purchase Speclftc Project Professional Liability Insurance. In the amount and under the terms specified above. which ls also accepcable. No insurance shall be issued by a surplus Ones carrier unless audloriad In wridng by die dc:y at the city's sole, absolute and unfeaered dlscredon. lnra1emnfflaltloul Requirement G. The Firm accepts and voluniarlly Incurs all risks of any injuries. damages. or harm which mtgln: arise during the work or event that Is occurrina on the OTY's property due to the negligence or other fault of the Firm or anyone acting throup or on behalf of the Firm. H. The Finn shall Indemnify, defend, save and hold CITY, its officers, affiliates. employees, successors and assip. harmless from any and aU damages. dalms. liability, losses. claims, demands, suits. fines, Judgmena or cost and expenses, lndudlng reasonable attorney's fees. paralegal fees and Investigative costs incidental there to and Incurred prior to, during or fotlowina any lltipdon, mediation, arbitration and at aO appellate levels. which may be suffered by. or acaued against. charged to or recoverable from the City of Souda 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 perso~ or persons and for the loss or damage ltO any property arising out of a nedigent error, omission. misconduct. or any gross negligence. intentional act or harmful conduct of the Firm, Its contraetor/subcontrractor 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. lnddent to it, or resuking from the performance or non-performance of the Firm's obllgadons under this AGREEMENT. I. The Ann shall 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 Page63of66 1'homm F. Pepe IO/IJIZOl6 29 148 36 officers, affiliates. employees, successors and assJgns. lncludin& their attorney's fees, 18'1 the defense of any acdon In law or equity brought against them and arising from the negligent error, omission, or act of the firm, Its Sub-Contractor or any of their agents, representatives, employees. or assigns, and/or arising out of. or Incident to, this Agreement, or inddent to or resuldng from the perfonnance or non-performance of the Finn's oblfgations under this AGREEMENT. J. The Rnn agrees and recognizes chat neither the CITY nor Its officers, affiliates, employees, successors and assigns shall be held hable or responsible for any claims, including the costs and expenses of defending such dalms which may result from or arise out of acdons or omissions of che Firm, Its contractor/subcontractor or any of their agenu, representatives. employees. or assigns. or anyone acting through or on behalf of the them. and arising out of or concerning the work or event dlat ls occurring on the CITY's property. In reviewing. approving or re)ecdng any submissions or acts of die Rrm, CITY In no way assumes or shares responsibility or llabllity for the acts or omissions of die Rrm, its contractor/su~ontractor or any of their agents, representatives, employees. or asslgns, or anyone acting through or on behalf of diem. K. The Finn has the duty co provide a defense with an zttomey or law flnn approved by the City of South Miami, which approval will not be unreasonably withheld. L However, as to design professional contracts, and pursuant to Section 725.08 ( 0 ), Florida StaMes, none of th~ provisions set forth herein above mat are In conflict with this subparagraph shall apply and this subparagraph shall set forth che sole responsibility of the design professional concerning Indemnification. Thus, the design professlonal's obllgadons as to the City and Its agendes, as well as to Its officers and employees, Is to indemnify and hold them hannless from liabilities, damages. losses, and costs. Including. but not limited to, reasonable anomeys• fees, to the extent caused by the negligence, reclclessness, or lntendonally wrol18ful conduct of the design professional and ocher persons employed or utilized by the design professional in the performance of the contract. Thomas F. Pepe 10/IJllOIG THIS IS INCLUDED IN THE GENERAL CONDITIONS END OF SECTION PageMlof6G 30 149 37NOTE: -WOOD DOCK INTO AS' C.M.E ON EAST PROPERTY LINE. / -CHAIN LINK FENCE INTO S' DRAINAGE EASEMENT ON NORTH PROPERTY LINE. I ~lz ~: ~ ~~ ' ~ ~~ ;·L fL-..,u,•I Jt!j)i I~ 1; 11 n..r-------tl-!1 ci:1~ 1~ ~ 1 n,a 11u ·~ .... J•.-:-1~, tj -;; "' ~ ~-,fl;d-' ,, / .• ,y;/}. ,, ,,.... -' / ~'§'l / '\f/J~/ ,, h; ,,,, of,~,:;:,." ' ,, Ai,.,,." r,ar 3/" I / /'l I ,,,,,, .,....,:,'l/ /~~/ / / / / / / ,,,,.,,,.✓ '// cr::::::::::!J • C0NCRCT[ B.C.• ll.OOC OOltHER 1.1,C.-U'IIUTY tAS{WCNT ~-COtlC. lllOOC IU,U. ~PROP[RTY LI-I[ I,.[. • AHOO. C.ASDU>n i"22'B .. 111000 DCCJf -CCMTU LN D.[. • D"-'14ACC USOICNt ~ • covuteD W1:£A • ~ UfC DrfCA.• CNatOAO<WCHT -• A$1'HAL1 w.-ri~~ rii:at(UV, • nNISHCD -,-~--CHAIN UM! mfCC (QT) P ... f'[R f'\.AT Q.IVA.TlOH ~==~(~ ~-... :~~1 :1!-~':C,,SCJoU A • .UC DIST~ MrlRCNCC MOl«NCNT O.lll.• OfTlCIAL fl:CCORO t.-LCNGTII P.C.P.• PCRMANC.NT COHTitt\. IOOK ,, .. a:NTRAL AHOl.C / DCL'!'A POIMT lit,H..• MAH HOU 'I .. Ro\O..,S ro. HA.I. • rooNO HAL C,8,S.• COHatfl[ Bl.00( T • 1-'NCCNT fll. 0/H • fOlHl Dlffl..L H Sna>cTURC P.T, • PON1 CT T,UU',[NCY ro. 1,12• LP. • fWNO l~OH ILDO -IIUILOtNO P.C. -POINT or CUAYAruA[ PSP[ tff Dl"-"CIU 0.llL• 0',1Jttt[AD UflJIY P.C.C.-PONT Of COMPOUNO C.M. • C0NC.tt'l't MONlMCJril l.Nl'.S CUit\'( TtL• m..c,,OI( f~'IIU. C.B,• CA.TDt BASIN W.W.• WATD Mtl'O CATV • CAlllt UT'IUT'I' BOX R/W • RtOHT Of WAY j□~ /" .,,..,-/" -I/'_,/ --~~<it',.$------~ "f.,.'f{<:P· g'S //4 /-::::-..,.,.. ~a..""" (I• / .,,. I" ' ,, / ,,!;_,PY/ ;::,:," -;::, ,, ~\>-\, _,-N C, \>-'I,'>~' BOUNDARY SURVEY -"' L------~ :·~------.~-,:..i-----~-----U\ -----:::--;PJlt.-POWI Cl ~SC aJfM: 1~:Blt~~ Cl.rYa• nlVo\ T'l0H :~~;. .. ~~~[NI 1~J:.: ~~ec:M~ ~ ,P,o.a.-POINT or ora,,i,..c r.a.u... l'CM9CftAIIY MNOi ...vnr ). IA. -rouMD IRON R!IAA ). f>.K.HAIL -rOUHO PUxtJt-K>.U:»t NAI. ,S.M.• PAortS510Mo\L SI.JR\'£YOR ,'ND MAPf>CR I~ ;t:Sf'=~~[.lt PAD P.P.• P'O'JICR POL[ D.W.[.00 DA""'-'CC • t.lAINT[NAHCC [ASOIOIT • 0,0'-t.I1$TINQ WVATION sec.-5CC1l(),j ----RC. -RAHCC sw-~ALK I HCJt[8Y COIT'f"Y THAT n< SUR~ MPttC:SOH[D ntCMOH wens M Mlh'IIUM TtCHMIC.I.L R[OU~ '-OOPTtD 8Y THt STATt Cl nORIOA 00,l,AD or LAHD Sl#IVCYMS PVR$UANT 10 S:CC'nON 472.027 nORIOA STAtuTtS.TIIERC AAt NO CNCROA°"""tHTS.. 0'4.RUPS. CASEW.[NfS A.PPC.AR!MC 0,,, THC PlAT Olt YlsaJ: [ASO,IO(TS DTHCR Tllo\N "'5 SH0'M4 HCUOH. '-,1\: ,i.111 .~~.\~~-A.CtSN.NUNn: llt[Cl51Ul'CD LAND SURVCYOR SlAT( Cl flORIOA ~924 (305) 865-1200 FLOOD ZONE· AH LOCATION MAP NOT TO SCALF __ &W.~AV!N.e _1 __ PROPERTY ADDRESS: 7435 SW 66 AVE., SOUTH MIAMI, FL 33143 CERTIFIED TO: LOTT & LEVINE, AND GEORGE J. LOTT OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY THE CITY OF SOUnt MIAMI ' I. <!I b J ... ---. "' LEGAL DESCRIPTION: LOT 6, LUDLAM PARK ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 6S, PAGE 55 OF THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA. SURVEYOR'S NOTES: 1) OWNERS►IIP SUBJECT TO OPINION OF TITLE. 2) NOT VflllO Wlt!IOUT TtlE SIGNATURE /\NO RMS£D SEAL OF A FLORIDA LICENSED SURVE'tOR AND MAPPER. JI THE SURVEY OEPICTED H(R( 15 NOT COVERED BY PROFESSIONAL UABIUTV INSURANCE. 41 L(GAI, DESCRIPTION PROVIDED BY CLIENT. SI UNOERGROUNO E.NCROACIIMENTS NOT LOCATED. 61 ElfVflTIONS ARE BASED ON NIHIONALGEOOETIC VERTICAL DATUM OF 1929. 71 OWNERSIH? OF HNCES M[ UNKNOWN. 81 THERE MM BE fiDDITIONAL RESTRICllONS NOT SHOWN 6N THIS SURVEY illflT MAY BE FOUND IN THl PUBUC RECORDS OF THIS COUNTY, 91 CONTl\(T TH[ APPROPRIIITE l\tllHORITY PRIOR TO M-lY DESIGN WORIC fOR BUILDING AND ZONING INFORMATION. 10) O.AM!NATION OF TH[ hBSTRACl OF TITLE WILLHAV[ TO BE MhOE ro OIT[RMIN[ RECORDED INSTRUMEl'tl'S, I~ fiN'I'. AFFECTING nos PROPERTY. ll)El[VfiIIONS llASCO OFF OF BMr LOCI HEY. AO Oil IONS OR ournons TO SURVEY MAPS OR RE POP.TS BV OTH[R THAN TIIE SIGN NG PARTY OR PARTIES lS PROHIBITED WIJHOUT WRITTEN' CONSENT OF THE SIGNING PARTY OR PARTlt5. BEARINGS WHEN SHOWN AR[ REF(RR(O lP AM ASSUMED YAWE Of SAID PO: 65 PG: 55 SINCE 1981 BLANCO SURVEYORS INC. Englneer& • Land Surveyor• • Planners • LB ti 0007059 555 NOllTH SHORE DRIVE MIAMI OEAClt, Fl J3U1 Email: b1ancosurvoycrsinc@yahoo.com Fax: (305) 865-7810 SUFFIX· L FEMAOATE. 09/11 lOO BASE: 9' NOT VAtlD UNLESS EMBOSSED Wini SURVEYOR'S SEAL [iil] PANEL: 0458 COMMUNITY I REVISED DATE· SCALE 120656 OWN OY JOB No 4/1/HI I"• 30' H OELLO 19 • 288 38 RESOLUTION NO.: 160-20-15600 A Resolution authorizing the City Manager to procure services from Stantec Consulting Services, Inc. to complete phase II professional engineering and design construction documents for the conversion of a residential property into a public park. WHEREAS, pursuant to the Professional Services Agreement provided by the City for professional general engineering and architectural services, City staff desires to engage Stantec Consulting Services, Inc. ("Stantec") for the development of professional construction documents related to the conversion of a recently purchased property located at 7435 SW 66 Avenue (14,810 SF) into a public park; and WHEREAS, City staff and Stantec have completed Phase I of the design process, which entailed survey reports, conceptual designs, and community input meetings; and WHEREAS, the proposal hereto, Phase II, is for professional construction documents related to the development of Ludlam Glades Park. The proposal entails a comprehensive environmental field and jurisdictional wetland review; detailed plans and specifications for landscape, hardscape, and site furnishing; engineering and structural design of the combo fishing pier and observation deck; permit plan submittal through the City's Building Department, Planning & Zoning Department, and Miami Dade DERM, Including DERM Class Ill Permit; and, bidding assistance; and WHEREAS, the total expenditure shall not exceed $67,150. The total expenditure in the amount of $67,150 shall be charged to account number 301-2000-572-6450, which has a balance of $899,635 before this request was made. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA THAT: 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. l Section 2. The City Manager is authorized to procure services in the amount of $67,150 from Stantec Consulting Services, Inc. to complete phase II professional engineering and design construction documents for the conversion of a residential property into a public park. 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. 39 Res. No. 160-20-15600 Section 5. Effective Date. This resolution shall become effective immediately upon adopti on by vote of the City Commission. PASSED AND ADOPTED this 17th day of November, 2020. ATTEST: APPROVED: \J ~~ CITYCt:K READ AND APPROVED AS TO FORM: COMMISSION VOTE: LANGUAGE, LEGALITY AND Mayor Philips: EXECUTION THEREO Vice Mayor Welsh: Commissioner Harris: Commissioner Liebman: Commissioner Gil: 2 40 RESOLUTION NO.: 160-20-15600 A Resolution authorizing the City Manager to procure services from Stantec Consulting Services, Inc. to complete phase II professional engineering and design construction documents for the conversion of a residential property into a public park. WHEREAS, pursuant to the Professional Services Agreement provided by the City for professional general engineering and architectural services, City staff desires to engage Stantec Consulting Services, Inc. ("Stantec") for the development of professional construction documents related to the conversion of a recently purchased property located at 7435 SW 66 Avenue (14,810 SF) into a public park; and WHEREAS, City staff and Stantec have completed Phase I of the design process, which entailed survey reports, conceptual designs, and community input meetings; and WHEREAS, the proposal hereto, Phase II, is for professional construction documents related to the development of Ludlam Glades Park. The proposal entails a comprehensive environmental field and jurisdictional wetland review; detailed plans and specifications for landscape, hardscape, and site furnishing; engineering and structural design ofthe combo fishing pier and observation deck; permit plan submittal through the City's Building Department, Planning & Zoning Department, and Miami Dade DERM, including DERM Class Ill Permit; and, bidding assistance; and WHEREAS, the total expenditure shall not exceed $67,150. The total expenditure in the amount of $67,150 shall be charged to account number 301-2000-572-6450, which has a balance of $899,635 before this request was made. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA THAT: 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. l Section 2. The City Manager is authorized to procure services in the amount of $67,150 from Stantec Consulting Services, Inc. to complete phase II professional engineering and design construction documents for the conversion of a residential property into a public park. 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. Severabillty. 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. 41 Res. No. 160-20-15600 Section 5. Effective Date. This resolution shall become effective immediately upon adoption by vote of the City Commission. PASSED AND ADOPTED this 17th day of November, 2020. APPROVED: READ AND APPROVED AS TO FORM: COMMISSION VOTE : LANGUAGE, LEGALITY AND Mayor Philips : EXECU,TION ;:,mo c,:D.~ Vice Mayor Welsh: Commissioner Harris: Commissioner Liebman: Commissioner Gil: 2 42 City Commission Agenda Item Report Meeting Date : November 17 , 2020 Submitted by : Quentin Pough Submitting Department: Parks & Recreation Item Type : Resolut ion Agenda Section: Subject: Agenda Item No :3 . A Resolution authorizing the City Manager to procure services from Stantec Consulting Services , Inc . to complete phase II professional engineering and design construction documents for the conversion of a residential property into a public park. 3/5 (City Manager-Parks & Recreation Dept.) Suggest ed Action: Attachments : Memo -New Park Phase II Construction Design .docx Re sol uti on-New _Park_P hase _I I_ Constru cti on _DesignCArev .docx Proposal-Phase II Contract Documents .pdf Resolution #013-20-15453.pdf Stantec Professional Service Agreement.pdf 1 43 T H E CITY O F PLEAS/\ 1T LIVI G CITY OF SOUTH MIAMI OFFICE OF THE CITY MANAGER INTER-OFFICE MEMORANDUM To: The Honorable Mayor & Members of the City Commission FROM: Shari Kamali, City Manager Vi a: Quentin Pough, Director of Parks & Recreation DATE: November 17, 2020 SUBJECT: A Resoluti on authorizing the City Manager to procure services from Stan tec Consu lting Services, Inc. to complete phase II professional engineerin g and design construction documents for the conversion of a residential property into a public park. BACKGROUND: Pursuant to the Professional Services Agreement provided by the city for profess iona l gene ral engineering and architectural services, city staff desires to eng age Stantec Consu lti ng Services, Inc. ("Stantec") for the development of professional construction documents related to the conversion of a recently purchased property located at 7435 SW 66 Avenue (14 ,810 SF) into a public park. EXPENSE: City staff an d Stantec have completed Phase I of the design process, which enta i led survey reports, conceptual designs, and community input meetings . Phase I allowed the City Commission and staff to listen and gather feedbac k from neighborhood residents about what park elements and features they desired at Ludlam Glades Park. Furthermore, Phase I also he l ped to determine applicable and reasonable professional design fees for Ph ase 11 of the design process. The proposal hereto, Phase 11, is for professional construction documents related to t he development of Ludlam Glades Park. The proposal entails a comprehensive environmental field and jurisdictional wetland review; detailed p lans and specifications for landscape, hardscape, and site furnishing; engineering and structural design of the combo fishing pier and obser vat ion d eck; permit plan sub mittal through the City's Building Depa rtment, Planning & Zoning Department, and Miami Dade DERM, including DERM Class Ill Permit; and, bidding assistance. Construction assistance se rvices were eliminated from this proposal, saving the City roughly $3 2,000 dollars in consulting fee s. Excluding t he permitting phase, the anticipated length of service for completin g final design construction documents is approximately 15 weeks commencing after the notice to proceed. Amoun t not to exceed $67,150 . 44 THE CITY OF l'LEASA , T LIVI 1G ACCOUNT: ATTACHMENTS: CITY OF SOUTH MIAMI OFFICE OF THE CITY MANAGER INTER-OFFICE MEMORANDUM The total expenditure in the amount of $67,150 shall be charged to account number 301-2000-572-6450, which has a balance of $899,635 before this request was made. Reso l ution Project Proposal Ph ase II -Stan te c Reso l ution #013-20 -15 4 53 -Phase I Design Professional Service Ag ree ment -Stantec 3 45 Stantec October 30, 2020 Revised November 5, 2020 City of South Miami Ponce de Leon Boulevard, Suite 900 Coral Gables, Florida 33134 Tel: (305) 445-2900 Parks & Recreation Department 5800 SW 66th Street Miami, FL 33143 Main: (305) 668-3867 Attention: Mr. Quentin Pough, CPRP, CPSI Director of Parks and Recreation Reference: Ludlam Glades Park-7435 SW 66 Ave City of South Miami, Florida Dear Mr. Pough: We are pleased to present this proposal for professional engineering services . We understand that the City of South Miami would like to convert the recently purchased residential prope1ty located at 7435 SW 66 th ve (14,8 10 SF) into a public park. Stantec has performed the diligence and the conceptual plans for the above referenced project and is our u nderstanding that the City of South Miami would like to proceed with fi nal design. SCOPE OF SERVICES: TASK 1 -Design Development Phase The chosen conceptual plan will b e refined and reviewed with the Parks & Recreation Department for confirmation on final design plans. Durin g this process, additional items may be added to the design. It is also assumed that principles of CPTED and xeriscaping should be included. Ensuring ADA accessib ility and considerations for durability and maintenance will be incorporated into the final concept plan . During this task a desktop environmental review of pertinent environmental databases will be reviewed to determin e potential natural resources that may be in the project area. A comprehensive environmental field r eview s hall be performed to determine the potential impacts involving construction on the environment. This will include a jurisdictional wetland review of the project area to determine the presence/absence and/or extent of jurisdictional wetlands on-site; a protected species survey to determine the presence/absence of and/or utilization by any federal or state listed species. In addition, if determined necessary a benthic survey of the waterway will be performed to determine the presence/absence of protected marine resources. It is anticipated this comprehensive review could be accomplished in one 8-hr field day. The results of this field r eviev, will be documented in a report which sh all be included in the a pplication packages to the jurisdict ional agencies in volved during the permitting phase. This report will inclu d e representative photographs of the project area , maps documenting the location of the project area, exhibits documenting the aerial ext ent of any jurisdictional wet land resources in the vicinity, and exhibits document ing any other natural resources pertinent to the permit reviews An opinion of probable cost will also be included in this phase. Des ig n wi th c ommunity in mind 46 November 5, 2020 Page 2 o f 3 TASK 2 -Construction Documents Phase This phase will provide plans and specifications for the required improvements including tree disposition plan, landscaping, hardscape, Furnishings Development drawings (in coordination with the City's Parks and Recreation Department), grading, drainage, and structural design of the observation dock at the canal. One 50% design review meeting with the Parks and Recreation Department is anticipated within the Schedule. Stantec v.rill select on e or two prefabricated park shelters and review s ubmittals during the construction phase as a contractor shop drawing. Shelters ,vi ll include electrical power/outlets but no lighting. Site lighting design is not included as the park ,~rill be closed at sunset . An allowance of $500 has been included in this proposal for geotechnic al recommendation for the new pile for the observation dock. TASK 3 -Permitting Phase Our services include plan submittal to the required permitting agencies (M iami Dade DERM, City of South Miami) for their review and approval. We will provide complete permit app li cations v.rith all documentation p ertaining to exis ting habitat and protected species utilization to supplement the permit applications, address agency comments and re -issue plans as required. Anticipated Environmental Permits: DERM Class III Permit: The Class III permit is needed for construction within non-tidal canals or areas under the direct control of Miami-Dade County, such as canal rights-of-way, canal maintenance easements and reservations. Th e consultant ,~11 respond to as many as two (2) rounds _of reasonable requests for additional information from each of th e above r eferenced agencies regarding the application submittal packages. These services include pre-application and coordination meetings wit h some of the agencies. Any significant plan revis io ns caused by changi ng age ncy criteria after our initial design is r eviewed with each appropriate agency and similar factors outside the Consultant's control, additional meetings or coordination will be considered as Additional Senrices. Application , review fees, and permit fees can be paid for from the S2,000 allowance. Any amounts in addition to the S2,000 wi ll be a City Responsibility. TASK 4 -Bidding Assistance Phase Bidding assistance services v.rill be provided in this phase includin g preparing our documents for City advertisement and distribution, attending one pre-bid conference, answering RFI's. Exclusions: · • On-site or Off-site water and sewer upgrades or extensions. • Irrigation. • Lighting . • Bathroom/storage building • Change of zoning or land use approval · Desig n w ith communi1y In mind 7 47 November 5, 2020 Page 3 of 3 • As bestos survey • Traffic studi es or traffic impact s tat ements • Boat ramp or launch . • Phased or separated bid packages Terms a nd Con ditions : All terms and conditi ons s h all be per our Professional Service Agreement for Professional General Eng inee ri ng and Architectural Servic es as au t horized by Resolution 060-17-14861. Our fees shall be as fo ll ows . Task 1 (Lump Sum} ....................................................................... $21,330 Task 2 (Lu mp Sum) ...................................................................... $28,65 0 Task 3 (L u mp Sum) ....................................................................... $12,130 Task 4 (Lump Sum} ........................................................................ $2,540 Geotechnical for Piles recommendation .......................................... $500 Permit Fee Allo wance (if needed} .................................................. $2,000 TOTAL: $67,150 We are ready to begin working on t h is assignment upo n you r authorizat io n to proceed . If acceptable to you, we will accept a signed copy of this form as your written authorization to proceed. Th a nk you, Stantec Consulting Services Inc. OnnC°F Sean Compe l, P.E., LEED AP, ENV SP Principal Te l: 305-445-2900 se an.compel@stantec.com City of South Miami Approved by: Signature Print Na me \':\2156\octive\2 15600966\monagemcnt\Proposol Design l'hase\sout h_minmi _l..udlam Glades Park De.sign phase.docx Des ign with community in mind Date 8 48 Sta ntec Consulting Services Inc. Fee Worksheet -Page 1 FEE WORKSHEET DATE : 11/5/2020 PROJECT : Ludlam Glades Park Sen ior Senior Project Biol/LA/Engi Engineer Senior CAD Design Development Task 1 Principal Manager neer Intern Tech Clerical Design Development 4 24 60 Coordination 3 4 Cost estimate 2 4 4 Observation Deck Structural 4 6 Environmenta l Survey 8 18 Desktop Review & Prepare B1olog1cal Report 4 16 Sub-Total Hours 4 45 40 8 64 0 Billing Rate s 180.00 s 170.00 s 145.00 s 95.00 s 100.00 s 45.00 Labor Cost S720 S7,650 $5,800 S760 S6,400 So Design Development Sub-Total: $21,330 Senior Project Senior Engineer Senior CAD Construction Documents Task 2 Principal Manager LA/Engineer Intern Tech Clerical Project coordination 2 2 Landscape/hardscape Including tree disposition plan 3 18 60 Cover s h eet, Key Sheet & notes 2 2 3 Geometry 1 2 6 12 Drainage and Grading 2 8 10 Observation Dock Design 1 4 8 12 16 Electrical Design (p ower/outlets) including FPL coordination 1 4 4 16 15 Notes and Specifications on plans 2 6 8 8 Quantities & Cost Estimate 2 6 4 Sub-Total Hours 6 38 18 60 128 0 Billing Rate s 180.00 $ 170.00 s 145.00 s 95.00 s 100 .00 $ 45.00 Labo r Cost $1,080 S6,460 s2,610 S5,700 S12,800 So Construction Documents Sub-Total: S28,650 Senior Project Senior Biol/ Engineer Senior CAD Permit Assistance Phase Task 3 Principal Manager LA/Engineer Intern Tech Clerical DERM Pre-Anni Meeting 2 4 4 DERM Submittal Meeting 2 4 8 Response To DERM Comments 8 In House Permit Meetmgs 2 8 Comments and revisions (2 Submittals) 6 2 16 30 Sub -Total Hours 6 14 26 20 30 0 Billing Rate s 180.00 s 170.00 s 145.00 s 95 .00 s 100.00 s 45.00 Labor Cost $1,080 S2,380 S3,770 S1,900 S3,ooo So Pemitting Phase Sub-Total: $12,130 49 Stantec Consult ing Services Inc. Bidding Assistance Task 4 Pri ncipal Atte nd pre-b id conference Ass ist with a nswering questions Review bids (not Included) Pre-Award Coordmat10n Sub-Total Hours 0 Billing Rate s 180.00 Labor Cost so Fe e Worksheet -Page 2 Senior Project Senior Engineer Senior CAD s Manage r LA/Engineer Intern Tech 2 4 4 6 2 2 8 0 4 8 170.00 s 145.00 $ 95.00 $ 100.00 S1 ,360 $0 S380 S800 Bidding Assistance Phase Sub-Total: Sub-Total All Services: Geotechnical for piles recommendation Pemit fee allowance/ e:\.'])ense allowance : Total Fee: $ Clerical 0 45.00 so $2,540 $500 $2 ,000 1 ( 50 Stantec 901 Ponce de Leon Boulevard, Suite 900 Coral Gables, Florida 33134 SCHEDULE OF WORK Task or Activity ID# 1.0 2.0 3.0 4 .0 Ludlam Glades Park -7435 SW 66 Ave City of South Miami, Florida SCHEDULE OF WORK Duration Task Name and/or Activity Description (s pecify weeks, calendar or warkina da11 s) Design Develop ment Phase 5 vi eeks Constru ction Documents Phase 10 Weeks Perm itting Phase Bidding Assistance Phase *One week for City review V :\2156\octive\2 15600966\m on o gemenf\Proposo l Design Phose\Shedule.docx Projected Projected Start Date Finish Date • 12/01/2020 01/05/2021 01/12/2021 03/23/2021 03/30/2021 11 51 Vl ~ 0\ 0\ -;;;r- ► < /1) :::, C It> \ \ -l , S1gnage --+--~ \ Bike ack & +-----' \ Wate Fount in I I I I I I \ \ \ \ \ ,.,.._, ---Slope to Waters Edge \ \ \ ---------Fence \ \\ \ '\ \._ --,."='"",.,..__ 00servation \ & Fishing Dock \ ~~~~--~~--'-r-Se a ting (typ) '--"s:::===--'~....,,...-$1;\elter ··,·-1:;P / ------------------------------- Existing Canopy Park Highlights: Tot-Lot Basketball Half-Court Meandering Path Shelters Observation & Fishing Doc k Bike Rack & Water Founta i n Stabilized Sod Signage Park Considerations: Play areas separated from waters edge Passive areas with views of water are retained Pocket lawn areas inc luded for informal play Includes walkway trellis and enhanced landscap e In formal parking anticipated on-street Lu dlam Glades Park -Concept 1 .2 0 N .T .S . August 2020 12 52 VENDOR: City of South Miami Division of Purchasing 6130 Sunset Drive South Miami, Florida 33143 Phone: 305-663-6339 Fax: 305-667-7806 Stantec Consulting Services inc. 13980 Collections Center Drive CHICAGO, IL 60693 PURCHASE ORDER NO. P0013913 DATE 01/28/20 DELIVER TO: SEND INVOICE TO: City of South Miami Division of Purchasing 6130 Sunset Drive flolllla la EJll!ffipUDn No. 23-111424-816-61C FecwrdlD 1Cianberl5HIIOO.U1 Req,# YendOf# PR003303 0090248 Confirming Confirmed to Dyes D no QUANTITY PARTNO. 1 IShlpVla DESCRIPTION stantec to conduct survey design and community input South Miami, Florida 33143 Department PaymantTel!IIS ill ac=rdilnCO WIit! FL S1allll Slatlllll I 2111.73 Terms loace Required UNIT PRICE EXTENDED PRICE reports, 25,400.00 25,400.0C meetings: related to conversion of residential property into a public park , I TOTAL 25,400.0C ACCOUNT NO. I AMOUNT 3012000 5726450 25,400.00 }L~· P.O.Approval __ ,..._~-1'=:;.,_"'-,._.--'F __ ~...;;;..---- r Pun:1111 ng Manager 13 53 RESOLUTION NO.: 013-20-15453 A Resolution authorizing the City Manager ta negotiate and to pay Stantec Consulting Services. Inc. to conduct survey reports, concept~al designs, and community input meetlnp related to the conversion of a residentlal property Into a publlc park. WHEREAS, pursuant to the Professional Services Agreement provided by the City for professional general engineering and architectural services, City staff desires to engage Stantec to conduct survey reports, conceptual designs and community input meetings related to the conversion of a recently purchased property located at 7435 SW 66 Avenue (14,810 SF) into a public park; and WHEREAS, at the last City Commission meeting held on Tuesday, January 7, 2020, staff had recommended a proposal that included jurisdictional wetland review, survey of waterway, and costs related to the design and permitting of a floating dock/ramp for non-motorized boat operators. Due to the original proposal's work scope, service fees and other factors, the City Commission deferred the Item and directed staff to explore alternative options; and WHEREAS, the attached revised proposal directs Stantec to conduct survey reports, conceptual designs, and coordinate community Input meetings only. This option allows the City Commission and staff to clearly define which park elements and features are desired by city residents, as well as determine applicable and reasonable professional design fees for future services related to this project; and WHEREAS, once these phases are complete, Including the Input from community residents and Identification of park elements and features, staff will submit a new proposal for City Commission review pertaining to project management and permit coordination with City of South Miami and Miami-Dade County Department of Regulatory and Economic Resources (DRER); specs and bid package preparation, final signed and sealed construction documents, anticipated/preliminary construction costs, as well as post assistance with pre-bid conference(s) and construction administration services; and WHEREAS, the total expenditure shall not exceed $25,400. The total expenditure In the amount of $25,400 shall be charged to account number 301-2000-572-6450, which has a balance of $821,678 before this request was made. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE 0TY OF SOUTH MIAMI, FLORIDA THAT: Section 1: The City Manager ts authorized to negotiate and to pay Stantec Consulting Services, Inc to conduct survey reports, conceptual designs and community input meetings related to the conversion of a residential property into a public park In accordance with the scope of the work outlined In the recitals to this resolution for an amount not to exceed $25,000. 1 14 54 Resolution No.013-20-1 5453 Section 2: 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 rema i ning portions of this resolut ion . Section 3: This resolution shall become effective i mmediately upon adoption. PASSED AND ADOPTED this 2P1 day of January, 2020. ATTEST : CITY CL ~RK li APPROVED: oW[f)JJ/A COMMISSION VOTE: Mayor Stoddard Vice Mayor Harris Commissioner Gil Commissioner Liebman Commissioner Welsh 5-0 Yea Yea Yea Yea Yea 2 15 55 City Commission Agenda Item Report Mee ting Date: January 21, 2020 S bmitted by: Quentin Pough &lbmitting Department: Parks & Recreation nem Type: Resolution ,A.m enda Section: S bject: Agenda Item No:2. A Resolution authorizing the City Mana ger to negotiate and to pay Stantec Consulting Services, Inc. to conduct s rvey reports, conceptual designs, and community input meetings related to the conversion of a residential ,:i rop erty into a public park.. 3/5 (City Manager-Parks & Recreation Dept.) S ggested Action: Atta chments: emo-New Park Construction 0esign.docx R _s o-New_Park_Construction_Design_Option_2_CArevl.docx oposal-ludlum Glades Park (option #2 ).pdf S ante c Professional Service Agreement.pdf roperty Boundary Survey.pdf 1 16 56 Southr'iJiami THE CITY OF PLEASANT LIVING QTY OF SOUTH MIAMI OFFICE OF THE OTY MANAGER INTER-OFFICE MEMORANDUM To: The Honorable Mayor & Members of the City Commission FRoM: Steven Alexander, City Manager Via: Quentin Pough, Director of Parks & Recreation DATE: January 21, 2020 SUBJECT: . A Resolution authorizing the City Manager to instruct and to pay Stantec to conduct survey reports, conceptual designs, and community input meetings related to the conversion of a residential property into a public park. BAacGRoUND: Pursuant to the Professtonal Services Agreement provided by the city for professional general engineering and architectural services, city staff desires to engage Stantec to conduct survey reports, conceptual designs and community input meetings related to the conversion of a recently purchased property located at 7435 SW 66 Avenue (14,810 SF) into a public park. At the last City Commission meeting held on Tuesday, January 7, 2020, staff recommended a proposal that Included Jurisdictional wetland review, survey of waterway, and costs related to the design and permitting of a floating dock/ramp for non-motorized boat operators. Due to the initial proposal's work scope, service fees and other factors, the City Commission deferred the Item and directed staff to present an alternate proposal. The attached revised proposal directs Stantec to conduct survey reports, conceptual designs, and coordinate community input meetings only. This option allows the City Commission and staff to clearly define which park elements and features are desired by city residents, as well as determine applicable and reasonable professional design fees for future services related to this project. Once these phases are complete, Including the input from community residents and identification of park elements and features, staff will submit a new proposal for City Commission review pertaining to project management and permit coordination with City of South Miami and Miami-Dade County Department of Regulatory and Economic Resources (DRER): specs and bid package preparation, final signed and sealed 2 construction documents, anticipated/preliminary construction costs, as well as post assistance with pre-bid conference(s) and construction administration seivices. 17 57 South~iami THE OTY OF PLEASA!I.T LIVING ExPENSE: Accourn: AlTACHMENTS: CITY OF SOUTH MIAMI OFFICE OF THE CITY MANAGER INTER-OFFICE MEMORANDUM The anticipated length of service for this project is 3-4 months commencing after the notice to proceed. Amount not to exceed $25,400. The total expenditure in the amount of $25,400 shall be charged to account number 301-2000-572-6450, which has·a balance of $821,678 before this request was made. Resolution Project Proposal -·stantec Professional Service Agreement -Stantec Property Boundary Survey 3 18 58 () Stantec January 10, 2020 aty of South Miami Ponce de Leon Boulevard, suite 9GO Coral Gables, Flodda 33134 Tel: (305) 445-2900 Parks & Recreation Department 5800 SW 66th Street Miami,FL33143 Main: (305} 668-3867 Attention: Mr. Quentin Pough, CPRP, CPSI Director of Parlm and Recreation Reference: Ludlum Glades Park -7435 SW 66 Ave Oty of South Miami, Florida Dear Mr. Pough1 We are pleased to present this proposal for professional engineering services. We understand that the aty of South Miami would like to convert the recently purchased residential property located at 7435 SW 66th Ave (14.810 SP) into a public park. We also understand that the aty has included construction funds under Pisea1 Year 2020/2021 and therefore would like to bid the project in October 2020. SCQPB QFSBRYJCP.S: TASK 1 -Dne PUisena, Phase Consultant shall review existing documents such as as-built drawings, property records. permit history and City of South Miami information to serve as a benchmark for existing site conditions. Any documentation regarding the property that Is available to the City shall be submitted to us for review of that data. We will obtain a topographic and tree smvey of the project area and a geotechnical report for use in our design. See attached sub-consultant proposals. TASK 2 -Coru;gtgal Design Pb@@ Up to three conceptual design plans for the development of the Ludlum Glades Park will be prepared for use at two public input sessions. Conceptual plans will be based on the site survey, including general topographic information and tree locations. High quality trees will be retained within the conceptual designs; however, it is assumed all existing structures will be removed or replaced. Conceptual design plans will be for illustrative purposes only and will convey anticipated uses. Based on conversations with the aty, possible suggested park items include the following: • Half-court basketball court • Pavilion(s) • Tot-lot • Sidewalks • Landscape Areas TASK 3 -Compnmity Input Me@tinp on Ou!r&P!Pe1 Denfm Pl11111e Following completion of the conceptual designs, Stantec will host two public input meetings for community review. These will be held at a location determined by the Parks and Recreation Department. It is Des,gn ,·ntt, community ,n mind 6 19 59 January 10, 2020 Page 2 of2 understood that the·Department will provide public notification to neighborhoods surmunding the park project and will be responsible for costs associated with any meeting venue fees or equipment usage. Public input meetings will be informal; however, they will gather written comments amJ./or a project survey to formalize communit;y feedbacl<. Prior to the meetings, illustrations and any survey forms will be povided to the Department for distribution to residents that may be unable to attend the publir meetinp. A s11rnmary of each meeting and overall results/feedback will be provided to the Department prior to completing the Design Development Phase. Any significant pJan revisions caused by changing agency criteria after our initial design is reviewed with each appropriate agency and similar factom outside the Consultant's control, additional meetings or coordination will be considered as Additional Semces. Exelpmgns: • Change of 7.0Dfng or land use approvals • Asbestos survey • Traffic studies or traffic impact statements Terms and.Conditions; All terms and condltions shall be per our Professional Service Agreement for Professional General Engineering and Architectural Services as authorlzed by Resolution 06o-17-14861. Our fees shall be as follows. Task 1 (Lump Sum) ·•••••••••• .. •• .......... _ .............. " .............................. $11,705 Task 2 (Lump Sum) ........................................................ " ......... "''' $9,695 Task 3 (Lum 811111) •••••"''"''''"•••••••• .. ••"•• ...................................... " •• $3,4e»o Reimhursables (presentation boards if needed) ........... " ................. $600 TOTAi.i $25,400 We are ready to begin working on this assignment upon your authorization to proceed. If acceptable to you, we will accept a signed copy of this form as.your written authorization to proceed. Thankyou, Stantec Consulting Services Inc. rl~to,J Sean Compel, P .E., LEED AP, ENV SP Senior Associate Tel: 305-445-2900 sean.compel@stantec.com City of South Miami Approved by: SigDature Print Name Date ~~1119aJ,yafla&>lbNlaml\llldlllm pdapalll\Oj,liml:a\lDtdh mlam ladllIIIICl&daPaltOpdoaa.doc:11 7 20 60 S:antec Consulting Servic es Inc. Fe e Worksh ee t -Page 1 FEE\\ ORKSHEET DATE: 8-Jan-20 PROJECT: Lud lu m Glades Park - - -Senior Senior Project Biol/LA/Engi Engineer Senior CAD Due Dilieence -Task 1 Princioal Manru:er neer Intern Tech Clerical Sit e visit m,d photo Jog 2 2 Site im·cs ti gat ion and review of existing asbu ilts 2 8 Environme ntal Surve,· Deshiop Review & Prepare Biological Report Sub-Tota l Hours 0 4 0 10 0 0 Billing Rate s 180.00 s 170.00 s 14 5.00 s 95.00 s 100.00 s 4 5.00 La bor Cost So S680 so S9.'iO so So Due Diligence Phase Sub-Total : S1 ,630 Geotechnical: s2,275 Sur\lcy : $7,800 Due Dil igence Tota l: $11,705 Conceptual Design Phase -Task Senior Project Senior Engineer Senior CAD 2 Principal Manage r WEngineer Intern Tech Clerical Conce p tual Design Phase -Public Inpu t 4 8 I.5 40 4 General C)ord in ation & Management 4 4 Sub-Total Hours 4 12 19 0 40 4 Billing Rate s 180.00 s 170.00 s 145.00 s 95.00 s JOO .OU s 45.0 0 Labor Cost S720 s2.040 s2,7ss So S4,000 S180 Conceptu al Design Phase Sub-Total: S9 ,695 Senior Project Senior Engineer Senior CAD Community Meeting Task 3 Principal Manage r LA/Engineer Inte rn Tech Clerical Preparation & Attend ance 8 0 8 4 General Coo rdmat1on & Ma n ageme nt ,1 4 Sub-Total Hours 0 4 12 0 8 4 Bi lling Rate s 180.00 s 170.0 0 s 145.00 s 95.00 s 10 0 .00 s 45.00 Labor Cost So S680 S1 ,740 So S 800 S1 80 Community Meetin g Sub-Total: S3,400 Sub-Total All Sen,1ccs: S24,800 Reim bursables (Presentations Board) S600 Total Fee: S25,400 8 21 61 June 4, 2019 of Florida Inc , I bt.ibli shc d 1967 Your ProjeCI is Our Comm irm enr Mr. Carlos Herdocia, PE 901 Ponce de Leon Boulevard/ Ste . 900 Coral Gables, FL 33134 Phone: 305.445.2900 Cell: 786 .502.0701 Email: carlos.herdocia@stantec.com Re: Pr oposal for Geotechnica l Explo ration Services Proposed City o f South Miami Pa rk 7435 SW 66'h Avenue South Miami, FL 33143 Dear Mr. Herdoc i a: Geotechnical & Const ruc tion Materials Engineering , Test ing , & Inspection Env ironme nlal Se rvi ces O11,ces throughou t the stale ol Flori da www.nu1tinge ng1n eers .com info@n utti ngengineer s com Miami Dade County Tier 2 CBE Palm Beach County SBE SFWMDSBE Small Business Administration SBE for Federal Projects Nutti ng Engineers of Florida, Inc. (NE) is pleased to pres ent thi s proposal for performing geotechnical exploration services for the referenced project. Per your email dated November 14, 20 19 and review of the site plan provided, we und erstand that plans fo r this project include construction of a new gazebo, new restroom building, and boat ramp at the referenced site. Based on your reques t for proposal and our und erstanding of th e project, we propose the follow in g scope of work and fee schedule. SCOPE OF WORK We propose to perform one Standard Pe n etrati on Test (SPT) boring in general accordance with ASTM D-1 586 spec i fications to a depth of 25 feet in th e area of the proposed construction. Additionally, we propose to perform one South Florida Water Management District (SFWMD) usual ty p e open-hole exfiltration test t o a depth of 15 feet in an effort t o measure the hydraul ic conduct ivity of the existi ng soil s at speci fi c te.st locations for site drainage evaluat ion by others . The proposed tests will be pe r formed at locations identified by Stantec personne l. At the completion of the on-site work, t e soi l samples will be returned to our l aboratory. We will provide an eng ineering report including a description of our fi n dings and general si te preparation and foundation design recommendations for support of the proposed structures . In order to provide information concern ing the engineering properties of the soils encounte red, it is anticipated that tests may be performed to dete rmi ne natu ral water content, organic content, and sieve analysis on repres enta t ive soil samples collected from the site. The engineering report will inclu de graph ic logs of the test bori ngs and a test bori ng location plan . We assume the site is accessible ta truck mounted drilling equipment and that und erg ro und utilities will be clea r ed by o t hers pr ior to our performing the on-site work. 2051 NW 1121h AVENUE, STE. 126 • MIAM I, FLORIDA 33172 · 30 5-824-0060 · FAX 305-824-8827 St. Luc ie 772 -408-105 0 • Broward 954 -941 -8700 · Palm Beach 561 -736 -4900 9 2? 62 Stantec Proposed City of South Miami Park 7435 SW 66'h Avenue, Sauth Miami, FL Poge2of4 FEE SCHEDULE Tne above indicated scope of work will be pe r formed for an estimated cost of $2,275 .00 based on the following rates and qu;;ntities : Tech nician site vis it, utility clearance Mobilization of equipment/ crew SPT borings* (truck mounted drill rig) Casi ng SFW MD ex filtration test Proj ect Eng ine er Pr in cipal Engi neer Cl e ·ical/ Administration Lu mp Sum 1 @ $350 .00 Lump Sum Lump Sum Lu m p Su m Lu mp Su m Lump Su m Lump Sum $100.00 $350.00 $400.00 $100 .00 $400.00 $750.00 $125 .00 $SO .OD W e anticipate being able to begin this wo rk w ithin approximate ly two bus iness days of receiving written aut horiza ti on to pro ceed . The on-site work sh ou ld take one business day to complete . The t est report should be available w ithi n app roximately 12 -15 business days aher the o n-site work is comp leted . NE has been offering geotechnica l engineering, environmental sciences , materials testing, and structural inspection services for SO years in South Flori da and the Treasure Coast during which time we have worked on many similar projects . Our co m mitment t o practical, cost effectiv e sol u tio ns supported by respon sive client se rvices distinguishes our firm and enables us -:o solve yo ur most demanding technical challenges. Another value added co mponent NE bri ngs to your project is our sta ff o f experienced profess i ona ls including geotechnica l eng ineers, environmental spe cialis ts , field personnel who are certi fi ed and have been trained to provide a wide range of consulting services, and our dedicated administrative staff. Our laboratory is checked annually by the Co nstruction Materials Eng i neering Council (CM EC) and is certi fie d t o per form geo technical en gin eer ing and materia ls te sting servic es for t he Florida Depa rtment of Transportat ion (FDOT). Note that we car ry one million dollar professional liability and one mi ll ion dollar gene ral liabi lity Insurance . Tha nk you for providing us the opportunity t o present th i s proposal. We look forward to working with you on this and f uture pro j ects. Respectfully subm itted, NUTTING ENGINEERS OF FLORIDA, INC. Sc ott Ersland Division Manager Adrian Ramirez Eng i ne ering Intern Rep orts and invoices will be addressed to the cl ie nt as lis te d below unl ess othe r instruc tions are provided in writing with this exe cuted proposal. The undersigned, as an authorized repre sentative of the entity listed below, approves this proposal and ;;gr ees to be bound by the terms and condi ti ons contained in this proposal. Deposit amounts are collected at time of written au-:horization t o proceed. If you are a first t ime client, we r eques t that the bala nce due for these serv ices be paid at t he t ime o f report completio n. Once your account is es ta bl ished , our te rm s are net 30 days. Any i nvoice s over 30 days wi ll be assessed a l. 1 /2 percent service charge per month until pa id in full. 2051 NW 1121h AVENUE · MIAMI, FLORIDA 33172 · 305 -824-0060 • FAX 305-824-8827 St . Lucie 772-408-1050 · Broward 9S4 -941-8700 · Palm Beach 561-736-4900 10 23 63 Stantec Proposed City af South M iami Pa rk 74 3 5 SW 661h Aven ue, South Miami, FL Page3 af4 PLEASE ENTER INFORMATION LEGIBLY BE LOW SO IT CAN BE UTILIZED FOR PROJECT SET-UP: SI GNATU RE: __________________ DATE: ____________ _ PRINT NAM E: ____________________ TIT LE : __________ _ COMPAN Y NAME : ___________________________ _ ADDRESS : ________________________________ _ PHONE : ________________ FAX : ______________ _ EMAIL : _________________________________ _ General Te r ms c1nd Co nditlom For the purpos, of lh1s proj tcl the .lddressee o f lhlS prcpoul w1!1 br kn0\YT1 as lhr Client Th ~ clt ,nt Is: crpe<:ted ra turnnh NUTTI G tNGINEERS Of HORJD A. IN C rut). \•,'l lh accura t e inro ,ma t;o n indud1n:g sJie tc h or SUM!V iJnd/01 s1 Le pla n. ccns 1..1ction dra wrngs/spet1f1tallom as .lpptopri .a lci. dct:Jil'i of proposed cons.uuni Ol"I rnclu dine lh e proposed uruccura l system .lnd lc.1ds or exis ting construction problem infonnation and site ;1cccs.si bib t',' 1nfcrm.1t lon •u Dpp rop na tc. Other 1n formati on requirements may bc detiJilcd in the endosed propos.i!!I. ff ANY CONDITIO NS CHAN GE such in bui lding layout, loadmc. project speciftcauons/dts ig n, ot unu su.:,I site cond 1t1o n1 ;ue obs erve d, NE should be nolifit!d 1mmedlJ t c)y m writmg about the changed cond1c1on fo, poss ible review and commen L Should the CB ent wish lo impose othl!r cond it ions arid 1cq u ircmen ts beyond lhosc con1 .iln cd in l his p1oposal such as in a .separa t t' contri!ct, we rc ~cn,e the eplion to modify cont ratt langu2,gc, fee a moun ll, to remo11c c,uf propcs.il from (Onsl dc r.J t 10n or other meuu r c s as m;,y be indica te d . De nvtry-Scheduled upon receip t of wril t en a ut hom.at1on to proceed ;Jn d d'epos 1t unlen other arrancemenl5 ;,re agr~ed to in writing Addrt 1o n.11 rC!port copits can be pro~'lded ror il nomini11 lu lo !he ClnmL NE will exercise appropraa te me;uurcs to ensure proj l'CI complttlon withm i1 rea.so nab le t ime frame su bJtct 10 CICIS tin_g workload~. However, NE will not be held 1espons1ble for unava ita bilrtv o r neces sary projec t dato and site arces.s. w1 1hin the time r,.,me agreed upon (or the in\'c1t1gJhon . Pro ject delN c ry mav be delayed ,f t he ENTIRE s1~td proposal and deposit a rt no1 ,e-ceivrd in a timcJy mannN. The ENTIRE sia,n cd quot•tion should be returned .ilons w1lh the requested pr o!ec l mform.1t10n . Tht.s uns,ened propo5,al is vahd fo r 60 days. Payment -No dl.'~os it r~u;,ed \:!nth uancd ag rec-:ncm Oucclmg NE lo procr:cd with the wo11< shall COt'IU 1tutc accept.1ntr or I.tit: terms of NE's ptcpo$.'III an d th~ Genera l Te rms ;Jnd Cond 1bo~s.. Sa!Jnce du e u;on de• rvo r report. ln1e,~1 at t. er.ite of 18¥.i 5'N annum or the hiehcst ralc a O\Vablc by liwwhicht1.·eris Jen, w:n be addc-c! to all amountl no t peidw1t~n 3.Q days .1ftcr d.:itc of in\/Oic e. All attorney fee1 and expenses ..Juoc iatedwith colle<tion or p.ist due mvoices will be p;:11d by Cbent lnsur.snc.e -NE maln t-ams \'Vor ker1' Compensation and Emp lO)'er's U;ib1l1ry Insurance h confcrmance \v1lh stale IJW In ;idd lion, we m:.1ntair, Comprc/icnsrve General liability Insur.met ;:md Automobile U~b111ty Insur.me.~ with bod,fy in/ury Jimill of Sl,0:00,000.00 .ind prope t'\' damogc l1miu of 51 ,000,000.00. A cemfic.itc or insurance c.in b~ supplied evi dencing such ccver.:ie,c which con tai n!. ;:r clause provid ing th.a1 fif te en da ys written no tice be givC"n pnot to cancc1l.1 tion . Rlt.ht..al,£noy-Un less ot.hcr.,Jl se aereed, Cllrm t will furn ish ught-o r-c nt rv on the properly ro, ur to ~kc tht plllnned boranc:, surveys . Jnd/or cJl'.p lonltmm NE, 1101 be-rCJ.pon .siblc-fu r rc-mc·,in.g fe nc:tJ, ranh bl!r rru , vcgc 1a 110n or other oburu<:t1 :ms for purp01.es of our in11 Mt 1g,1 hon Ht w1 ll 13 kc rti~:>l'Ulblc-ptl"OlutlQns to m1nim11c d~macc to the property cau sC'd by it s eq uipment ~nd s.ampl1ng procedures, but the cost o l 1csto~tI::>I'\ o r dam.tgc whkh rnav rcsun from tht> pl ~nn~d opr:atJ:nS. 11 nt,t ~.c lude-d tn th e! c lr.1C1t-d .lm:r.Jn• If Cbent dM c,. 10 1cs10,e the propt"rty to its former cond1t1on , NE will accomplish thlS Jnd Jdd the cos1 to 1u fee Client anreu. to w.Jrvc!" all ctaims arhing fro m or re1itrd 10 tne tallur e to p rovide NE wnh p1opc1 arccs.s lo conduct ib work. D,1m.1ge 1·0 'existing Man-made Objects • II sh;;ill be the tciporuibiltty of th, Owner or his du ly iJUth omed rcprcsent.1t' e to disclose t he presence .ind acc urate l:x:ation of all hrddcn or obscure man-m .ide objects rel.attvc to routes of .accci.s, field 1eru. s.:Jmphne, or boring locahom. When c:iutioncd, ad1mcd or g,ven data In wrnins 1h.Jt ,evcill the o ~c-.sence or polen1 i;il ore)encc of u nderground c:rover•ground obstructions, such s 1.:tii tic.s, scptie tanlu, etc., ur w ill 151\'t spcc 1al imuuctions 10 ,u racld personnel. In .idd,ucn. Client waiv~ anv cla im arainst N£ ;uui ng from d1ma-a,c-to eXlsting man-mad e objt<U. W.1rranty a nd Um1 t-atlon oi Ui1blllty • NE shall perform sen.ices fo r Clien t 1n a p;ofos\1o na l m.innc,. ustng 1hJt dcgfee-of ca re and sliu n ord1n.1 ri l'( cxcrctSed by 4n d cons istent \,nh the s ta ndilrds of compt"len1 consultants practicing in th e same o r d similar /oc:ab ty .JS the proj(.'(l In lhe evenl ilny portion of the scr.,iccs fa 1f.s to comply wrth this: ,•1.nran~y obliBiJ lion im d NE 1\ promp1ty notified in writing prior to on<' yc.,r ilft cr corn ple l_wn of .such portion er th e $CMCt'5, NE will re•pcrlo,m >UCh portion o f the services, or if re ,pcrfo rm.inc c 1s impril cticah le, NE will refund the arr.:»unt o f compe.n~lion p.i kf LO NE for such por ol l hc SC' t"S. n,~ wau,mty Ism ln~u of all o ilier wa,rantic-s. No o th e r wHrantv. cs.pre ssed or lm phcd. incl uding wa rran t1ei ct merch ant.11bllrty and f r.ne» for il particular purpasC" is made o r inlc:nded by the pr::l::,c~I for consu lUng 1crwces, by furmshir.e an ornl 1es;,onse of the findings mad!? o r b\• omv rcp1ese n ta t1ons mildc regarding the s.e ces Included in this ag recm~nt. In no event shall N£ o r ;:my of 1u prcfeu1cnal empklyees be liabl e ro, anv spec.a l mdncc.t. 1nt1dent..:il 01 ccnu~Quenua l loS'S or ~m~ indudmb but no t limited LO impact and de liy claims the rc:me-dic-s stl forth hrrcm nrc c,;ehnJVC ;md the totJI lsab~1ty of conw1tint •, .ether m t cnu.,ct. Iott (1ncludin& negllaence whether sole o r concurr ent), or othcn•.t.Se-amine out cf. connected \\'Ith ct routting (1 am t hl· SCl'\iCd p ro\ dt-d ouauant to t hG 1wccmcn1 ~haU n ol uc~ the total recs p.aid by Oicn t or S50 ,000.00, whichever is grc.>tc,. At addition:tl c.ost , Cl ('nt may obt.iin., h,ghc, ls.tnil pn::u t oc.ommCfli:.tmcn t o f ~'l.t..M PURSUANT TO §558.0035, FLORIDA STATUTES, NE'S INDIVIDUAL EMPLOYEES AND/OR AGENTS MAY NOT BE HELD INDIVIDUALLY LIABLE FOR NEGLIGENCE AR ISING OUT OF, CONNECTED WITH, OR RESULTING FROM THEIR SERVICES PROVIDED PURSUANT TO THIS AGREEMENT. Indemnification -Cli 3it airees: ro defend, md~mnrfy ,md sa ve: harmleis N[ from .1II d~•ml. including nt"&he,tncc c l,11ms. suits. loSSt's, per1onal 1nJur1t~!t.. deat h ;:ind prope:tty f1a b1t1 rv resul 'ng from NE'i pQr1orm;inc.c o f th t p•o:>oH:d work. whether .such d.11ms o· d.1m.1gt"1 are Ci3USl:!d m p~rt by UE . .ind asre-e to reirnhu r:.e NE. fer expe nses in co nnect10n with anv suLh c:!a1 m s. o r su1u. ,nck:dme reuon.1b!e anorney's recs CLrnt'.s cbl eatlen 10 mdemnH\• ll limned to S2 md~o n pe roa urr cncc, which Clienl \l fltecs bears a rca~on;,blr commtrc1.1t rc1ahonship to 1hr WorS. undert.1kcn by NE Client funhcr ugrc-es that t hese gcr.eral conditions are il part of the W or k's Spl!tificat ens or bid documents, if any 2051 NW 1121h AVENU E · MIAMI, FLO RIDA 33172 · 305-824-0060 · FAX 305-824-8827 St. Luc ie 772 -4 08-1050 · Broward 9 54 -94 1-870 0 · Pal m Bea ch 561 -736-4900 11 64 Stantec Propased City of South Miami Park 7435 SW 66'h Avenue. South Miami, Fl Page 4o/4 Sim p on, or Testing lJ:>atlon ~ Unle1s 5prcif1calfy slated to the contrary, the 1Jn it fr:cs includ ed in t his ptopos.al do not include: c.osu u.socia ted with profcs.sion.a l land su~J of the s,1c= or t h e ai::c u~te horl?ont1I and vertical locations of t esU. Fiekl tests O< b()(ing loutioru descr ib ed in o ur report or shown on our sketches are ~sed on s:peciric. information fTJm ished t o us: by o th tt:. and/or elt'imates made in th e fi eld by our techniclilnS. Such d imensions. dtpths or elevation s should be considered ;u ,;,ppro•imaUons unleu othe rwis e statC!d in t he repon . H is und er s tood t.hal all d1IMW\g 1ocations are acces.5iblc to conve ntio nal truck mounled dtillins equipment un le,,s othcrwi5 e specified by the cll enl. If unscheduled remobllli atioru or use ol pc:r;:c b le or all terrain equipment i.s required addition.11 cha rgCJ will apply, NE will attempt to clear utifilic:s ot our cxtilvation/lc.st teat.ions by manua l dril ling to 3' below land surface (BLS). Ar.y u o htie.s/obst.r\JC1kms present .u client specified tes1 loc,llons or bck,,..y 3' BlS will be lhc rcsponsibilrty of the c.l1cnt. 5am ple HandJ lnc ;;md RetenUon-Gener.alty sou test s.arnples ,1 re rera lne-d for approximiltely thrtt months Ji fter which time they w ill be discarded un le n 'Mitten instructions to the contrary ar e rec e:tv~ from the cl ient L~I JurlsdlctJon -The pa rties agree tha t any actions brought to enforce any provision of this Agreement shall onty be brousht ln .;a court of comp,tent jurisdict ion located in Palm Beac h Ccorty, Florida . Any and all causc.s or action arising out or NE's performance of the-Work, inclu d ing but not lim ite!d to claims for indtmnlty, c:on trib utio n and rquirable subrOgJtion, shaU be de-c med lo hnve accrued and the app licnble statutes of Hmitations .shall commence to run not Later than th~ da le-of NE's 1asl involCt ro r the Work performed hereunder. Facr MaJe-ure • NE shall not be held responsible for any d elav or failu re-in performance of a ny pan of this Agreement to the extent such delay or fallure is eius:ed by fi re, flood, explosion, w1 ,. ~trike, embargo. gove rnment requirem~t. civil or m i6Q ry authority. acts of God, act or omissDn of subco nlr.actol'l , carricrS, c:Jicnt or o ther similir c:Jus~ beyond its control. Doa.tm2rit:s ~ NE .sh;,11 be entit~ to rely upon the aa:uracy and completencu of all sUf'VrVS, rrporu and informa l.ion rumishtd by the dienl If cond1tio ,u. d ifferent from t.hose des(nb,cd in ou-r~port .are fou nd ,1t the site, NE should be: notifie:d in writing Immediately upon discovt'ty . NE reserve.s the right to r evise concluslons ar\D recommendations presented in the fi~I report ,hcn.:6 ~ add it ional information reg.,rding the proJect become-avalt.blc. Al l permits wm be obtained b y o!hers unless o the rwise !peclfied in t his proposal or in w riting to NE . NEhu no l~bibty fo r tcruequences or Information not provided or unava ilable or oth erwise not rcV1ewed or known from the norma1 sourc.es cunomiJr ily cnmi n~d by NE In such in ve.sti1.1 t1on s withi n the lim e fra me a llowed for this ,nue:stiptlon under I h is agreement The cllent. entities ldentlried in writing on the address portion of our rep0n. design tea m profenionals: engaged by our client and b u·1c:1r,goffacial st:.!lff ilfe ~ntitled to use and rely upon NE'S reports for purposes of t he cun~nr project. Other part ies ilre not aulhorized t o use-or re~ upon NE'S reporu unl e iS NE so sta t es in wri11 .. g, NE -General Ccntrac-t T~rms and Cond ltion.s. May 2017 20 51 NW 1Uth AVENUE · MIAMI, FLORIDA 33172 · 305 -824-0060 • FAX 305-824-8827 St . Lucie 772-408-1050 · Broward 954 -94 1-8700 • Palm Beach 561-736-4900 12 25 65 L ON G I TU D E SURVEYORS -------------- Tues day, November 26. 20 I 9 V IA EMAIL: corlos.herdocio@slonlec .com 7435 SW 66 Avenue Carlos M. Herdocia, P.E .. LEED AP Slonlec 90 i Ponce de Leon Boulevard. Suile 900 Coral Gables, FL 33134 RE: Surveying services for 7435 SW 66 Av e nue. City ol South Miami, FL Dear Mr . Herdocia, Pursuant l o your request regarding a fee estimate for Surveying and Mopping services for the above-referenced project. LONGITUDE SURVEYORS. LLC (LS) is pleased lo submit the following Proposal for your cons iderolion. A. Sc o pe of Work: Longi 1ude will perform o Topogrophic/Bathymetric/Tree Survey lo include fhe following informari on: • Longitude Surveyors will set horizont a l and vertical control around the land side perimeter of the area of inte,est. • Right -of-Woy a nd properly lines for the project area will be shown graphically. Longitude Surveyors will collect sidew alks . curbs. catch basins. signs, entrances. tre es. and any other sig nificant above-ground improvements. • Longitude will coll ect elevalions equivolenl to a JOO-fool grid. • Longilude w ill collect existing drainage informolion suc h as rim elevation. pipe size. pipe maleriol. pipe direction. and inverts. • Longitude w ill collect canal cross-sections extending arm's length into lhe canal. The canal cross-sect ion s will be adjacent to the property line . extending five feet beyond the p ro perly line. • Longitude w ill locale trees and palms wilhin Survey limits h aving a 3-inch diame1er or grea1er at breast height (DBH) or being 12 -feel in height or g reater to include the following for each: scientific name , common nome. diameter at breast height [DBH). height of tree , and canopy. LS will collect elevation at the base of each 1ree within Survey limits. • he Survey will be gee-referenced to ll1e Stole Plane Coordinate System. based on the North American Datum o· 1983/2011. • All eleva l ions will be referenced lo th e Nationa l Geodetic Verlicol Datum o f 19 29 (NGVD29). unless Client provides wrillen notice a1 1ime of No tice to Proceed (NlP). ~ Deli v erables: LS will prepare lour (4) signed and sealed paper copies and o pdf file of he resuliing Survey. C . Su rvey Limits: 7435 SW 66 Avenue. Miami. Flor ido 33143. (Cily of South Miami new pork]. as per at I ached Exhibi t provided by Clienl. ~ Fee: The to tal professional fee to complete ll1i s lask s11011 be a lum p sum of 57,800.00. I cgree lhol by signing below "I APPRO I E A D ACCEPT " this proposal OS a legal binding con tract. By : Dote : _________________ _ (A u1horized Signature} Title: (Typed or prinled name) Res p'l!.c.llully Yours. Edu ardo M. Suarez. PSM/Presid9int l_) LON GITUDE SURVEYORS O>.' 305.5 3.5630 13 26 66tv ---.J NO~: • WOOD OOCX INIO /\ 5' C.M.E ON EA.ST Pk0PERTY LINE. • OIAIH LINK rEHCE INTO 5' OAAINAGE EASCMIHT ON N0~TH rA0PERT'I LIN~. E~ I (t) ~ ti: ~1o l fii ~ ~ ...., 1,.,., t I I! ti .;;;;J "~I~.,., . .'! I -I -' . .,. , . .b-=:.= .:-..: .,,,✓ .,,,✓ ,(itf,, / -~✓,,,, E~ _,, ~~/ ..,. ~,t,,.,,. I /'//'l I ,.....~'// .... ~~., ",..\, ~e,t-'!)<:, :•---, .. o~ ,.., -.R --::.J-;~-::.:::::-""" :::.---✓--~.,,. ,,,,,; ~ B_QUNDAR Y SUR VEY m;:!•4ZIIKX'll u:.,. ...... ~ ~'°""'o,.,_a.aic, ~:=::a' au 5:.5!:~ .. -=:.:-.::-_: :=:..,. .. ~c..au.a • ~~ -···---!'5-~-'=:~ ~ l:'.:,,-...... ---r..rr:= -----1..: .... ::--"~'~~ ~,='=~~ --=.::,--=:df' r:s.:.:::a. AA•,__..-=:.-t.•~an,,a ~~Cfll'IIG. ~--=:.-=-.... -J ••,...._-..t/-.U ,_, .. _. --P£Jiit&•.aa.~..... Q ~ ........ . .a...~~----N. tr~crl.llaOICT =-~L,~rv:'"-.::..=--,... .\Y-ca-=~~~== ~!""~.,.,,..., i::::.Nf ....... ......., ----.itl ,..amw,a,~cn.a,n...,_ ruvca.-.. ... ~ ~ L&MiO'Q ~ GI •~ l'UI Of'-.Jf.--....,,,....., ...... M.,._. -(3051-1200 nooo lONC: N--( PN,T • Oll-t LOCAnON UAP _..,_, ------,--~ I -~-V P~Ot'ERTY AOORESS: 7435 SW 66AV£., 50U1H MII\MI, FL 31143 aAllFIEO TO: l0TT & l£\IIHE, AHD GEORGE I. LOTT 0lD REPUBUC W.TIOtlAl lfllf INSUAANC£ C0MPAflY THE OlY or SOUTH MIAMI LEGAi. DE50llPnON: l0T 6, LUDLAM PARK ACC0RO<NG 10 TIIE PLAT THEREor, AS RECOROCD IH PLAT 800( 65, PAGE 55 OF lti( PUBUC RECORDS or MIAMI-DADE COUNTY, HCRIOA.. lilHYJ!?':-,hOTUI 1jOYMlll:".ill,-~C"Cl 100f'lN!O'olOI-mu. llHC7TVAUD W'ITMCk.lTilU: ~AlUltlNtcl 1.AJQ.DRA!.Of AHDf.lOA.ll<JM.(0 Sl./lll'olYOI AAJU"""'II J) 1)1( )UIIIV(T00'1Cn:0 11(,W: UNOt COfl •ro 1-'r fHIU'lf.l'I.AI.IWilltf i.!Ol~ -.)llOAJ. DlJ.CJl~JOi P'llltMOa>tYClKHT, 1111Not11~:, l.HOIO&Of\.UH?lfl,OT UXATID, 'ICU'V'A.TKlN't"1t#;MSI0011,U.f10JU.LQlCl){Tl(\'llfflUJ. DAT\M Of lt:)'I, 1117<1NDtru JUl(l.)N.l llMJt<M'W. ,, T~H M.I.T N ,r,,oanau,,i. RUTl!CTl()llnl'IO'? ~ Dtl no )l,'1M."J1".\~ ""''. fOUJill llt TNf: rAUCMCOIIC:3.0f TMICOl..tr.T, ,1cCH1>a ntr ,Yt,.offilAftAA™"rrtr,wt!, ·o I.N'fotJJ(,t wou.,,c., Ml«'+O .... ~ ZOHfl,IIQ wr~""°"· IO)[X.I.U!M,,\nc,,i Cf'. T11: i\lSTAAC'T Oll'mlY,1C.l lll.W:lDl',CMADfl'ODfl1.~Mil 11.(COI.DCOtHSlJ-UMlHn, Ir AHr, UrtCTlHOTlOlrt.~, U)llrYM'IOt-f11Jana,,o,w, lOtl (l(V. A.0(N'11)fid, (llll Df:Ltn:)l'afOSI.Mi('f'MAl'SIJII IICl,On·111CTH(fl nWtl .. 1-!ICNNGP~P'ORrA/f'11U r1 ~llln.DwmtOU'l WMilft UMdOO Of 'IH[ SIC.Nl:NGrMNO~ PAUIJ, IU.WICilWH!Nffl(IW1'&Af,J;frQltDlrAM.U:Wl4UVAWI OfUOf'6• h ro: )) &att:1!1,rt BLANCO SURVEYORS INC. Er,dnNn • und~• • ~ • U\IOOOfflt )60 f,::,qrn ~tORE MM: 1&AJr,U hr'~tl n. X110 Email b!=~l'Ohoo.com Fax: (l06l IU-1510 C'Jn.l l rOtA,DAiC e,11,r01 _, r CCll&U4 ' M:>I VJ.!J)~lu:tlaeR.O'MIH SUIIVF:'IOA'S SEAL [i] HCV\!£0:. ~ti.: r,r~J: 1:0::X.~Or'M,OY; ....,,.._ a.-c 1011.,.. ...,_ •o..., .u • ..,..ara_ IIIDl'll)ll9u.,....wm !:;';; • .:.,..,,.,_ .,.. _ _,.,. .. , ... ~ .. -.--•...• 14 .UUIII , •• X>' A 8Ell0 ,,-m 67 QuoRllcollcn Stoternsnt -Part 2 -Standard FcrTrG EXHIBIT#6 PROFESSIONAL SERVICE AGREEMENT "Professional General Englneerlng and Architectural Services" RFQ #PW2016-22 THIS AGREEMENT made and entered into this ~\ ,\ day of r\Ak.tt , 20..U, by and between the City of South Miami, a municipal corporation (hereinafter referred to as Owner or CITY) by and through its City Manager (hereinafter referred to as CITY or City Manager) and S1-\t,\$C who is authorized to do business in the State of Florida, (hereinafter referred to as the ncONSULT ANT"). In consideration of the premises and the mutual covenants contained In this AGREEMENT, the parties agree to the foTiowing terms and conditions: · I .0 General Provisions 1.1 A Notice to Proceed will be issued by the City Manager, or his designee, following the signing of this AGREEMENT. This AGREEMENT does not confer on the CONSULTANT any exdusive rights to perform work on behalf of the Owner other than the work described In one or more Notice to Proceed (hereinafter referred to as the 'WORK"), nor does It obligate the Owner in any manner to guarantee work for the CONSULTANT. 1.2 The CITY agrees that it will furnish to the CONSULTANT available data and documents in the CITY possession pertaining to the WORK to be performed under this AGREEMENT promptly after the issuance of the Notice to Proceed and upon written request of the CONSUL TANT. 2.0 Scqpe of Seryices, The CONSULTANT shalt perform the work as set forth In tbe SCOJ)e of Services as described in the Nodce m Proceed. J.o Time toe Comgletlon 3.1 The services to be rendered by the CONSULTANT for any WORK shall be commenced upon receipt of a written Notice to Proceed from the CITY subsequent to the execution of this AGREEMENT and shall be completed within the time set forth in the Notice to Proceed er other document signed by the Cley, Manager, or designee. · 3.2 A reasonable extension of time will be granted In the event there is a delay on the part of the CITY In fulfilling Its part of the AGREEMENT. change of scope of work or should any other events beyond the control of the CONSULT ANT render performance of his duties impossible. 4.0 Basis of Compensadon: The fees for services of the CONSULTANT shall be determined by one of the following methods or a comblnadon thereof, as mutually agreed upon by the OTY and the CONSULTANT. 4.1 A fixed sum: The fee for a task or a scope of work may be a ftxed sum as mutually agreed upon by the CITY and the CONSUL TANT and if such an agreement Is reached. it shall be in writing, signed by the CONSULTANT and the City Manager and attached hereto as ATTACHMENT A: 4.2 Hourly rate fee: If there is no fixed sum or if additional work is requested without an agreement as to a fixed sum, the CITY agrees to pay. and die CONSULT ANT agrees to accept. for the services rendered pursuant to this AGREEMENT, fees in accordance with the hourly rates that shall include an Page 51 of 66 City ol SOUlh Miami • RFQ IIPW2016-22 I Protcnlionol GelllllCI Enginaelfng onct Aichileetural 5etvlces 111 ~ 15 28 68 QuaHl!caffon Statement-Pert 2-standard Forms wages. benefits, overhead and profit and that shall be in wridng, signed by the CONSULT ANT and the City Manager and attached hereto as ATTACHMENT A. S.O Payment and Partial hymem;s. The CITY will make monthly payments or partial payments to the CONSULT ANT for all authorized WORK performed during the previous calendar month as set forth in the schedule of payment as set forth in ATTACHMENT A or, if no schedule of payment exhibit Is attached to this AGREEMENT then payment will be · made 3Q days following the receipt of CONSULTANT's invoice as the work progresses but only for the work actually performed and approved In writing by the City Manager. 6.0 RiJht cf Decisions. All services shall be performed by the CONSULTANT to the satisfaction of the CITY's representative, who shall decide all quesdons. dlfflculdes and disputes of whatever nature which may arise under or by reason of this AGREEMENT, the prosecudon and fulfillment of the services, and the character, quality, amount and value. The representatfve's decisions upon all claims, questions, and disputes shall be final, conduslve and binding upon the parties unless such determination Is clearly arbitrary or unreasonable. In the event that the CONSULT ANT does not concur In the judgment of the representative as to any decisions made by him, CONSULTANT shall present his written objections to the Oty Manager and shall abide by the decision of the Oty Manager. 7.0 Ownersh(p of Documents, All reports and reproducible plans. and other data developed by die CONSULTANT for the purpose of dlls AGREEMENT shall become the property of die err., without restricdon or Hmitadon. 8.0 Audit Rights. The CITY reserves the right to audit the records of the CONSUL TANT related to this AGREEMENT at any time during the execution of the WORK and for a period of one year after final payment is made. This provision Is applicable only to projects that are on a time and cost basis. 9.0 Iruth:lo Negotiations: If the contract amount exceeds the threshold amount provided ins. 287.017 for category four, the CONSULTANT shall execute a truth-in-negotiation cerdflcate stating that wage rates and other factual unit costs supporting the compensation are accurate, complete, and current at the time of contracting. In such event. the original contract price and any additions thereto shaU be adjusted to exclude any significant sums by which the City determines the contract price was Increased due to inaccurate, incomplete, or noncurrent wage rates and other factual unit costs. All such contract adjustments must be made· within one year following the end of the contract. 10.0 Sublettillle The CONSULT ANT shall not assign or transfer its rights under this AGREEMENT without the express written consent of the CITY. The CITY will not unreasonably withhold and/or delay its consent to the assignment of the CONSUL TANT's rights. The CITY may, In its sole discretion. allow the CONSULT ANT to assign its duties. obligations and responsibilities provided the assignee meets all of the CITY's requirements to the OTY's sole sadsfacdon. The CONSUL TANT shall not subcontract this AGREEMENT or any of the services to be provided by it without prior written consent of the CITY. Any assignment or subcontracting In violation hereof shall be void and unenforceable 11.0 Unauthorized Allens; The employment of unauthorized aliens by d,e CONSULT ANT Is considered a violation of Federal Law. If the CONSULT ANT knowingly employs unauthorized aliens. such violation shall be cause for unilateral cancellation of this AGREEMENT. This applies to any sub-CONSULTANTs used by the CONSULTANT as well. The CITY reserves the right at its discretion, but does not assume the obligation, Page 52of66 16 O!y ol SOulh Mlarnl • RFQ OPW2016-221 Prol811ional General Engineering end Ardlilacturat Sennces l I!, 29 69 GuclllleCIHon Statement -Fat 2-Stonwd Forms to require proof of valid citizenship or. in the alternative. proof of a valid green card for each person employed fn the performance of work or providing the goods and/or services for or on behalf of the CITY Including persons employed by any independent contractor. By reserving this right, the CITY does not assume any obligation or responstblllty to enforce or ensure compliance with the applicable laws and/or regulations. 12.0Warranty. The CONSULTANT warrants that it has not employed or retained any company or person. other than a bona fide employee working solely for the CONSULT ANT. to solldt or secure this contract and that he has not paid or agreed to pay any company or person other than a bona fide employee working solely for the CONSULT ANT any fee. commission. percentage fee, gifts or any other considerations condngent upon or resuldng from the award or making of this contract. For breach or vloladon of this warranty. the CITY shall have the right to annul this contract without liability. 13.0 Termfnadqn. It is expressly understood and agreed that the CITY may terminate this AGREEEMENT for any reason or no reason and without penalty by either declining to issue Notice to Proceed authorizing WORK. or, If a Notice to Proceed is Issued, CITY may terminate this AGREEM9JT by written notice to CONSULTANT, and in either event the ClTY's sole obllgation to the CONSULTANT shaD be payment for the work previously authorized and performed In accordance with lhe provisions of this AGREEMENT. Payment shall be determined on the basis of the work performed by the CONSULTANT up to the time of termination. Upon termination, the CITY shall be entided to a refund of any monies paid for any per1od of time for which. no work was performed. 14.0 Imm. This AGREEMENT shaft remain in force until the end of the term, which includes all authorized renewals, or unless otherwise terminated by the OTY. The term of this agreement is three (3) years from the Issuance of the Notice to Proceed and one two- year opdon-to renew. The option to renew Is at the discretion of the City Manager. The CITY may term1nate the contract without cause following 30 dan advanced notice to the CONSULT ANT. However, in no event shall the term exceed five (S) years following the Issuance of the Notice to Proceed. I S.O Default_ In the event either party fails to comply with the provisions of this AGREEMENT, the aggrieved party may declare the other party in default and notify the defaulting party In writing. If CITY is In default, the CONSUL TANT will only be compensated for any completed professional services and CONSUL TANT shall not be entided to any consequential or delay damages. In the event that partial payment has been made for such professional services not completed, the CONSUL TANT shall return such sums to the CITY within ten ( I 0) days after notice that said sums are due. In the event of any litigation between the parties arising out of or relating In any way to this AGREEMENT or a breach thereof,· each party shall bear its own costs and legal fees. 16.0 Insurance and lndemnlffcadon. The CONSULTANT agrees to comply with CITY's Insurance and Indemnification requirements that are set forth in ATTACHMENT 8 to this AGREEMENT. 17 .0 Agreement Not Exdusly~ Nothing In this AGREEM9JT shall prevent the CITY from employing other CONSULT ANTS to perform the same or similar services. I 8.0 Codes. Ordinances and Laws. The CONSULTANT agrees to abide and be governed by all duly promulgated and published municipal, county, state and federal codes, ordinances, rules, regulations and laws which have a direct bearing on the WORK involved on this project. The CONSULTANT is required to complete and sign all affidavits. including Public Endty Crimes Affidavit form (attached) pursuant to FS 287.133(3) (a), as required by the CITY's solicitation, if any, applicable to this Page 53 of 66 17 01y o1 SOulh Miami • RfQ tf>W2016-22 I Professional Ganetal Engineering and ArcllltectutaJ se,,,;cas 116 30 70 QuaUIJcatlon Stotement • Pait 2 -standard Forms AGREEMENT. 19.0 lam-CONSULTANT shlO be responsible for payment of all federal. state. and/or local axes reined to the Work. indusive of sales ax If applicable. 20.0 Pac Free Worlsplaca. CONSULTANT shall comply wfCh CITY"s Drug Free Workplace pallcy which ts made a part of this AGREEMENT bJ reference. 21.0 INkpendant Contragpr. CONSULTANT Is an Independent entity under this AGREEMENT and nothing con1Blned herein shall be construed co create a partnership, Joint vencure. or agency re1adanshlp between the parties. 22.0 Dudes •od 8,.,.,,bJHdes. CONSULTANT agrees to provide its services during the term of this AGREEMENT In accordance with all applicable laws. rules. reguladons. and health and safety standards of the federal. state. and CITY, which may be appDcable to the service being provided. 23.0 Yremes and Certiffrad9osr CONSULTANT shall secure all necessary business and ~censes at its sole expense prior t10 e,cecudng the AGREEMENT. 24.0ent, Madiffqdan, and Binding Effecc This AGREEMENT constitutes the entire aareement of the parties, Incorporates all the undersandlnp of the parties and supersedes any prior agreements. understandings. representation or negotiation. written or oral. This AGREEMENT may not be modified or amended except fn wrldng. signed by both panies hereto. This AGREEMENT shall be binding upon and Inure to the benefit of the City of South Miami and CONSULT ANT and to their respective heirs. successors and assigns. No modification or amendment of any terms ar provisions of this AGREEMENT shall be valid or binding unless It complies with this paraaraph. This AGREEMENT, In general. and this paragraph. in particular. shall not be modified or amended by acts or omissions of the parties. If this AGREEMENT was approved by written resolution of the City Commission, or If such approval Is required by ordinance ar the City Charter, no amendment t10 this AGREEMENT shall be valid unless approved by written resoludon of the City Commission. 25.0 ,ky Trial. CITY and CONSULTANT knowingly, Irrevocably voluntarily and intendonally waive uy right either may have t10 a trial by jury in State or Federal Court proceedings In respect to any acdan. proceeding. lawsuit or counterclaim arising out of this AGREEMENT or the performance of the Work thereunder. 26.0 Yalldl\Y of fxeqttfld ~-This AGREEMENT may be executed in several counterparts. each of w shall be construed as an original. 27.0 Rules qf lnteq1regrlgn; Throu&f1out this AGREEMENT the pronouns that are used may be subsciwted for male. female or neuter, whenever applicable and the singular words subsdtuted for plural and plural words substituted for singular wherever applicable. 28.0 Seyerabillt¥, ff any term or provision of this AGREEMENT or the application thereof to any person or cfrcumsmnce shall, t10 any extent. be lnvaUd or unenforceable. the remainder of this AGREEMENT. or the appHcation of such term or provision t10 persons or drcumstances other than those t10 which It is held Invalid or unenforceable. shall not be affected thereby and each and every other term and provision of this AGREEMENT shall be valid and enforceable to the fullest extent permitted by law. 29.0 Cumulative Remedies: The dudes and obligadons Imposed by the contract documena. If any, and the rlgha and remedies available hereunder. and. In particular but without llmiradon, the warranties, guarantees and obllpdons Imposed upon CONSULTANT by the Contract Documents. if any, and this AGREEMENT and the rights and remedies available to the CITY hereunder, shall be In aclclklon co. and shall not be construed In any way as a limitation of, any rights and remedies available at law or In equity, by special guarantee or by other provisions of the Contract Documents. if any, or this AGREEMENT. In order to endde any party to exercise any remedy reserved to it in this Page54of66 CIIV of 5oulh Miami • Rl'Q OPW21)I t,.22 J Prolesslonal General Englnaedng ond Archlloclll!OI Sendces 117 18 31 71 QuoBftcaHon Stolement -Port 2 -Stanciorci Forms AGREEMENT. or existing in law or in equity, it shall not be necessary to give notic;e, other than such notice as maybe herein expressly required. No remedy conferred upon or reserved to any party hereto, or existing ac law or In equity, shaU be exdusive of any other available remedy or remedies, but each and every such remedy shall be cumulative and shall be in addition to every other remedy given under this AGREEMENT or hereafter existing at law or in equity. No delay or omission to exercise any right or power accruing upon any default shall impair any such right or power or shall be construed to be a waiver thereof, but any such right and power may be exercised from time to rime as often as may be deemed expedient. · 30.0 Non-Waiyer. CITY and CONSULTANT agree that no failure to exercise and no delay in exercising any right. power or privilege under this AGREEMENT on the part of either party shall operate as a waiver of any right, power, or privilege under this AGREEMENT. No waiver of this AGREEMENT, in whole or part, including the provisions of this paragraph, may be implied by any act or omission and will only be valid and enforceable if In writing and duly executed by each of the parties to this AGREEMENT. Any waiver of any term, condition or provision of this AGREEMENT will not constitute a waiver of any other term, condition or provision hereof, nor will a waiver of any breach of any tenn, condition or provision constitute a waiver of any subsequent or succeeding breach. The failure to enforce this AGREEMENT as to any particular breach or default shall not act as a waiver of any subsequent breach or default. 31.0 No Dfscrfminatfon and Epl Emplo,yment; No action shall be taken by the CONSULTANT, nor will it permit any acts or omissions which result in discrimination against any person, including employee or applicant for employment on the basis of race. creed, color, ethnicity, national origin, religion, age. sex, familial status, marital status, ethnicity, sexual orientadon or physical or mental disability as proscribed by law and that it wtll take affirmative action to ensure that such discrimination does not take place. The CONSULTANT shall comply with the Americans with Disabilities Act and it will take affirmative action to ensure that such discrimination does not take place.. The City of South Miami's hiring practices strive to comply with all applicable federal regulations regarding employment eligibility and employment practices in general. Thus, all lndivtduals and entitles seeking to do work for the OTY are expected to comply with all applicable laws, governmental requirements and regulations, Including the regulations of the United States Department of Justice pertaining to employment eligibility and employment practices. By sigrting this AGREEMENT, the CONSULTANT hereby certlfles under penalty of perjury, to the CITY, that CONSULTANT is in compliance with all applicable regulations and laws governing employment pracdces. 32.0 GoyemjrJ& Laws. This AGREEMENT and the performance of services hereunder will be governed by the laws of the State of Aeriela. with exclusive venue for the resolution of any dispute being a court of competent Jurisdlcdon In Miami-Dade County, Rorida. 33.0 Effectlye Date-This AGREEMENT shall not become effective and binding undl It has been executed by both parties hereto, and approved by the City Commission if such approval Is required by Oty's Chan:er, and the effective date shall be the date of Its execution by the last party so executing It or If Oty Commission approval is required by the City's Charter, then the date of approval by Oty Commission, whichever is later. 34.0 Third Pargy B@nefldary. It Is specifically understood and agreed that no other person or entity shall be a third-party beneficiary hereunder, and that none of provisions of this AGREEMENT shall be for the benefit of or be enforceable by Page 55 of66 19 CityotSOuthMiami .RFQ OPW2016-22 I P10le,wncr1 General Englneaclng ond Arcl'llleel11r01 $eMC:es 11 B 32 72 Qual!Rcoflon Stalement -Port 2 -stanclorci Form! anyone other than the parties hereto. and that only the parties hereto shall have any rights hereunder. 35.0 Further Assuranc;es. The parties hereto agree to execute any and aD other and further documents as might be reasonably necessary In order to ratify, confirm, and effecwate die Intent and purposes cf this AGREEMENT. 36.0 Tima pf fwmre, Time is cf the essence of this AGREEMENT. 37.0 lnter;pretation. This AGREEMENT shall not be construed more strongly against either party hereto, regardless of who was more responsible for Its preparation. 38.0 Force MaJpure. Neither party hereto shall be fn default of Its failure to perform its obligations under this AGREEMENT If caused by aas of God, civil commotion, strikes. labor disputes, or governmental demands or requirements chat cculd not be reasonably anticipated and die effects avoided or mitigated. Each party shall notify the other of any such occurrence. 39.0 Subc:gntractiDBi If allowed by this AGREEMENT, the CONSULTANT shall be as fully responsible to the CITY for the acts and omissions of Its subcontractors/subconsultants as it is for the acts and omissions of people directly employed by it. All subcontractors/subconsultants and dtelr agreements, If aUowed by this AGREEMENT, must be approved by the CITY. The CONSULTANT shall require each subcontrattor, who Is approved by the CITY, to agree in the subcontract to observe and be bound by all obligations and conditions of this AGREEMENT to which CONSULT ANT is bound. 40.0 Pubhc Rec:ords: CONSULT ANT and all of its subcontrattors are required to comply with the public records law (s.119.070 I) while providing goods and/or services on behalf of the CITY and the CONSULTANT, under such condidons, shall Incorporate this paragraph In all of its subcontracts for this Project. Under such condition, CONSUL TANT and Its subcontractors are specifically required to: (a) Keep and maintain pubtic 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 conftdentlaJ and exempt from public records disclosure requirements are not disclosed except as authomed 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 pubhc 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 die contract, the contractor shall destroy any duplicate public rec:ords that are exempt or confidential and exempt from public records disdosure requirements. If the contractor keeps and maintains public records upon completion of the contract, the contractor shall 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 wid1 the information technology systems of the public agency. IF THE CONTRACTOR HAS QUESTDON!i REGARDSNG THE APPUCATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBUC RECORDS AT 305-663-6340; E-mail: mmenendez@southmlamlfl.gov; 6130 Sunset Drive, South Miami. FL 33143. 41.0 Notices. Whenever notice shall be required or permitted herein, it shall be Page56of 66 20 Cily ol Soulh Mielml • RFQ OPW2016-221, Prolesslonal Genmol Engineering onCI Arcfll!ectural SeMcet I IS' 33 73 Glua!lftcolicn Str.ltement -Po.,.t 2 • Sltlnoord F011TIS delivered by hand delivery, e•mail (or similar electronic transmission), facsimile transmission or certified mail, with return receipt requested and shall be deemed delivered on the date shown on the e•mail or delivery confirmation for any facsimile transmission or, if by certified mall, the date on the return receipt or the date shown as the date same was refused or unclaimed. If hand delivered to the CITY, a copy must be stamped with the official City receipt stamp showing the date of deliver; otherwise the document shall not be considered to have been delivered. Notices shall be delivered to the following individuals or entities at the addresses (including e-mail) or facsimile transmission numbers set forth below: To CITY: With copies to: To CONSULTANT: City Manager, 6130 Sunset Dr. South Miami, FL33143 Tel: (305) 668-2S10 Fax (305) 663-6345 . E-mail: salexander@southmiamifl.gov City Attorney 6130 Sunset Dr. South Miami, Fl 33143 Tel: (305) 667-2564 Fax: (305) 341-0584 E-mail: tpepe@southmjamifl.sov 42.0 Corporate Authority: The CONSULTANT and its representative who signs this AGREEMENT hereby certifies under penalty of perjury that the CONSULTANT and its representative have, and have exercised, the required corporate power and that they have complied with all applicable legal requirements necessary to adopt, execute and deliver this AGREEMENT and to assume the responsibilities and obligations created hereunder, and that this AGREEMENT is duly executed and delivered by an authorized corporate officer~ in accordance with such officer's powers to bind the CONSULT ANT hereunder. and constitutes a valid and binding obligation enforceable in accordance with its terms, conditions and provisions. IN WITINIIESS WHEREOF, this AGREEMENT was signed on or before the date first above written subject to the terms and conditions set i~orth herein. -~ C Ll'. T: , By ~ LE P, Vice President Stantec Consulting Services Inc. (Print Name~~ .-· City of South Miami By:--~ .,,...,.-~ven Alexander City Manager Page 57 of 66 21 CilyofSoulllMlami • RFQ OPW2016-22 I Prole$Si0no1 Genmol l!l\gineeclng and Nc:hl1ec:lural 5eNic:fl l 20 34 74 Read and Approved as tlO Form. ~aae, l.egallty and Exec:utlan thereof. By:--'~ Thomas F. Pepe, Esq. Ot)'Atromey Page5B of66 QualllcallonSlotement-Pat 2• Skmdald Forms 22 35 75 (i) Sou~mi nacmar-,nmc ADDENDUM TO PROFISSIONAL SERVICE AGREEMENT ~ .... General rnatnaertn1 amt Ardlltedllral serutw IIFQ lflWJ0!&-22 The City and CONSULTANT aaree that a separate rotational 11st wlll be dedicated for work performed under a contlmdng professional service contract, as spedfled In the Scape of Services, far "Cer1ffled Arborlsts Services," and a separate rotatlonal 11st wlll be estabffshed for all CCNA professional services. nte,tffled Arborlsts Services• ts defined as: o CMfflect Adlorlst Servlcea: Consultant may be called upon to review all tree removal pennlt appllcatlons that are submitted to ensure compliance with the regulations outlined In Section 20-4.5.1 of the City's land Development Code. lhe review fndudes the lnltlal site Inspection followed up by the delemllnatlon of mitigation and a flnal Inspection. When needed, assist City Departments wlth other Issues related to the maintenance, pre&eMtlon, and protection of trees on both private and publlc property. The rotational 11st for "Certified Artlarlsts Services" will rotate every three (3) months amona the CONSULTANTS. lhe City Intends to retain a m111lmum of four (4) qualified firms under four (4) separate but similar Professional Services AareemenlS. ___ ___, CONSULTANT: ~ (Name of Signatory) Read and Approved as to Form, Lanauaae, Legallty and Execution thereof: -~~ By: --------- Thomas F. Pepe, Cty Attomey CllydSaulh .. .--:? By: ....,........-:: .. , .. /steven Alexander, aty Manager ( 23 76 1hamalP.Pape IOIIIIZ016 AffACHMENT A 11COMPENIATIOIN" FROFESIBONM. SIERVBCE AGl.U!IEMENT M/P>G:f,alllmtal Geazinl ~-An:ld8ladunJ lanlrm" 6'ilFQ lllll'W28D'921 l'apltafU 24 143 37 77 Professional General Englneerfna & Archhectural Services RFQ #PW2016-22 Wage Rates summary lab Classlficatlon City of South Miami Benchmark Hourly Rate Principal $180.00 Sr. Prolect Manager $170.00 Project Manager $160.00 Senior Engineer $145.00 Senior Planner $125.00 Planner $85.00 Senior Traffic Engineer $125.00 Traffic Engineer $85.00 Senior Designer/Engineer $90.00 Deshmer $80.00 Engineering Intern $95.00 Senior CADD Technician $100.00 CADD Technician $65.00 GIS Technician $80.00 Senior Construction Inspector $90.00 Construction Inspector $75.00 Senior landscaoe Architect $125.00 Landscape Arthltect $115.00 Landscape An:hltect lntem $70.00 Arborlst $75.00 Utility Coordinator $90.00 Survevor / Maoper $85.00 Survev Technician $60.00 2-Man Survey Crew $115.00 3-Man Survey Crew $125.00 4-Man Survey Crew $13S.0O Fire Protection Engineer $90.00 Plumbing Engineer $90.00 Mechanical Engineer $90.00 Electrical Engineer $90.00 Geotechnical EMlneer $120.00 Geologist $9D.00 Environmental Scientist $85.00 Senior Administrative Assistant $65.00 Clerlcal $4S.OO 25 38 78 A1TACHMENT.9 DNSUMNCE It BNIDENNIFl!CATUON RIEQUBHMENTS NOf11!81SONALIBMCIAGIEIDIINT ~...,_IEaaJnee,fn,..S~ leNCII" IIFQl1PW2016-22 1.010 IDBPIDA) A Wldaoar Umhlng ID flabl!IIJ, die conD'ICIOr, mnsultant or consuldng firm (herelnafrer rdened ID as ''FIRM'' wkh regard ID Insurance and Indemnification requtremems) shall be requJred co procure and malmaln at Its own expense during the ore of die Con~ Insurance of the types and ln die minimum amounts Slated below as wlll prollBCt die FIRM. from clalms which ffllJ' arise oui of or result from the CIOn1nCI or the perfarmanm of die cxmncc wkh lhe Clq of Soll1h M!amf, whether such dalm Is aplnn die FIRM or any sub-colllraaor, or by an,ane directly or lncllreal)' employed by an, of them or by anyone for whoa acu any of diem may iMt hallfe. 8. No l11111rance required ~ the CITY shall be Issued or wrlalen by a aurptus hnes carrier unless authmlud In wridJI by the CITY and auch mnhortzadon shall be at die CITY's sole and absolute clscre1;10n. The FIRM shall purdtase 1nsUrance from and shall malata!n the Insurance wfdl a company or companies lawfully audlori:led 1D 1eU Insurance In die Sma of Florida. on forms approved 111 die Sae of Rorlda. 11 wlll prateec"the FIRM. at a mlnbnum. from all dalms as set fonh below which maJ arise aut af or result from the FIRM's operations under die Camract and for which die FIRM may lae leplly bable, whether such operations be by the FIRM or by a Subcomractar or by an,ane cllrealy or lndlrecdy employed by any of chem, or by anyone for whose am any of chem may be llabl« (a) dalnD under worbrs' compenmlon. dlaabllflr benefit and odler slmllar emplope beneftt adS which are appllcab!e m the Work ID lie performed; (b) claims for damtps bec:ause of bodlly Injury, oocupatlemal sickness or disease. or death of the FIRM's emplo)'ea: (c) dalms far cfamqes because of bodily lnJury, sickness or dlsaue. ar deadl of any persan other than the FIRM'a employees; (d) dalms for damaps Insured by usual personal Injury Uab1DtJ coveraae; (e) dalms far damages. olher than ID the Work laelf, because of lnJury to or delll'ucdon of tanglb!e property, lndudtng !ass of use resuldng there fnlm: (I) cla!ms for damages because of bodily ln}ury. death of a penon or property dama,ga arising ouc of ownership. maintenance or use of a motor vehlcle; (8) dafn1S for bodlly Injury or propul"IJ damage srlslng am of completed aperadons; and (h) dalrns lnvolvlna contracmal llablltcv Insurance appftcahle to the FIRM's obllgadons under tha Contract. 1.01 I Ban's lfllUGIBSI GenemDJ, The FIRM shall provide and malmaJn In force and effect undl aD the Work to be performed under this Comract has been completed and accepted by CITY (or far such duradon as II otherwise specified hereinafter), the Insurance coverqe written on Florida approved forms and as sec '9rd, below: 1.012 Wcv:IJ@ri Qunpyplion IQIUApce u the stalUtGry amount as to aD emplo)'ees In compltanca whh the Worked Compensation law' of the State of Rortda !Jtcludlng Chapb!r 440. Florlcla s .. _as presently wrhaen or hereafcer amended. and aD appllabJe federal laws. P,ae6Dof6' 11lll'DIII IP, Pape , IDll!IZOIO 26 145 39 79 In acfdldon, 1he polldes llllllt Include: Ernplo1ers' Uablllq at die nacurory covqe amauni. The FIRM shaO funher Insure that all of Its Subconnemn malnmln appropriace levels of Warloer's Campmsadon Insurance. 1.013. Ccmmerdal Cgu11nb@1S1vg Gengnt Uablllgy klsinnc:a widl bnrad form endorsement. as well as aummobila hab111i,, completed opendons and products llabllliy. comraaual llabJ!lq,, severablfhJ of lnterelt with cross Dablllty provlston. and personal lftlury and propen, dama,e ltabllltJ whh &ml11 of $1,000.000 combined slna'e limit per occummce and $2.000.000 o0.-.lndudlns 0 Personal lnJUfT-$1,0GUOOi 0 Medfal hlauranar $5.GDO per person: o Fropen, Damqec $500.000 each cccurnmce; 1.014 Ymlu:eOI Cgp,rn,n:(BI 9Hnll]!hnlslye Genmd l..hhlJlgy Insurance shall be wmren on a Aorlda approved form whh 1he nme covenge as dte primary Insurance po1fcy but In die unoum of Sl,000.000 par dalm and $2.000.000 Annual Aareaate. Coverage must be afforded on a fonn no more reslrfalve man the lacesc edldon of the Comprehensive General Uuffhv policy, without restricd'le endorsements, as filed by the lnsuranca Services Offtce. and must Include: (a) Premises and Opennlon (b) lndapendenc Conll'KtOrs (c) Products and/or Compleced Operadons Hazard (d) Enp!oslon, Col)apse and UnderJn,und Huard Covera,e (e) Broad form Propenr Damage (f) Broad fonn Comraaual Coverage apptlcable to dtls apldftc Conner. lndudlns any hold harmless and/or indemnlftcalion ;areement. (8) Personal Injury Caverage widl Emp!ovee and Cantraculal &cluslons removed, wllh minimum Dmlls of coveraae equal to those requtred for Badlly lnlury Uablhtr and · Property Damage Uablity. 1.015 Buslneg Aurpmgldte LJaNDly wldt minimum hmlll of One Million Dollan ($1,000.CIGOJJO) plus an addldonal One MURon Dollar ($1,0GO.OGO.OO) umbrella per occurrence combined slngte Omit far Bodily Injury Uab!IJI;, and Propeny Damqe UabUlty. Umlnlla cowrage must be afforded on a farm no more renrlcdve than die larest ecfldon of die Business Autanabt!e Llablllty pollcy. without restrictive endorsements. as flied by with the sme of Florlda. and must Include: (a) Owned Vehfcles. (b) Hired and Nan-Owned Vehldes (c) EmploJera' Non-Ownership 1.016 SUBCONTRACTS; The FIRM agrees that If any pan of die Work under lhe Comraet Is sulllet. dle subcontract shaD comaln die sama Insurance provision as required by af the Firm. other than the Fire and Exmnded Coverage Insurance and substilUdng the word Subc:omractor for the word FIRM and aubadllldng du, word FIRM for CITY where appllcahle. 1.011 fire anc1 &gndedQm:mp lnsuranm (Bulkters' RlskJ, lf APPbJCABI.F; C. In the event chat th1s contract Involves the construcdon of a struccure. the FIRM shall malnmln. with an Insurance Compaay or Insurance Companies acceptable to die CITY, "Broad" farm/AU Risk Insurance on buildings and svuctures, lnducfln8 Vandalism & Malicious Mischief cowrage. while In the coune of canstructlon, lndudlng foundations, addldons, auadlmems and au permanent fixwres belonstns to and consdtu1lng a pan of Pqe61oft6 111-.111.•· IGIISIZOIO 27 148 40 80 nld llulldmgs or 5lntCllll'es. The poliq or polldes aha1I also cover machinery, If the cost of macldnery Is lllduded bl the ~ or lf die machinery Is larared In a bultdlng dtat la bern, renomal by reason of lhls IXlldl'lla. The amount of lnlunnat m• at afl times. be at kmt equal tD 1he repaament and actual cash value of the Insured property. The policy sllall be In 1he name of die CITY and the Firm, 11 lhelr Interest may appear, and mall also caver the lllrsrests of aD Subcom:raclln perfarmlna Work. D. All of die prov)slons set fonh In MllceUaneous section herein betow shall apply co this caverage unless le wauld be dearly not appllcable. 1.018 MrpA;ugagus; F. If an, nadm of cancella!lon of Insurance or change In coveraae Is Issued by die Insurance company or sllou!d any Insurance have an mcplradon date dw wtll occur durfna the period of dds conner. the FIRM shall be responstbte for securlna 01her aa:epmWe lnsllranCe prtor to such canceUatlon. dllqe. or expfradon so as a, provide condnaua c:overap as apeclfled In dlla sedlon and so 81 IIO malnala ccmnae during die life of chis Connet. G. AD cfedualDlles must Gia declared by lhe ARM and mun be approved by the aTY. At the option of ahe CITY, eldler dte FIRM shaD ellmlnam or reduce such deductlb!e or me FfAM shall procure a Bond. tn a rann addac:ra.y t.o the cnv coverln& the same. H. The policies shall contain~ of subropdan 1J111n1t CITY where appllcabl&, shall Clpl"elll)' pnmde lhat lUCh pollq or poUdes are primuy over any olher mDecdbte Insurance 1hac CITY mar haw. The CITY resm • dle rf&ftc at any 1lme to request a copy of die required pohcles for NV!ew. AD poBdes shall eomaln a aseveralllBtr of !merest' or "G1111 balamty" clause without ob!lpdon for premium ,-,meat of die CITY as well as contnctual llablltzv prcmslon covering die FIRM'S duty ID indemnll'y the City as provided ln dais AgNement. I. WaN s&ll1fng die Work the FIRM ahafl deliver co the an cenlftcates of such Insurance. acceptallle co me CITY, as wall as the Insurance binder, If one Is Issued, che IIISunnce pollcy, lncludln& d1e declaradon page and au apptlcab!e endorsemanm and provide the name. address and ce!ephone number of the Insurance a,ent or broker daroup wham the policy was ablalned. lha Insurer shall be ratlld A.VII ar bater per A.M. Best's Ke, Ratlna Gulde. luest ecl1dan and amhorlzed ID law Insurance In aha Sim of Rorlda. AD Insurance pollcJes fflU8l be wrlaen on forms approved by the Stue af Florida and they must remain In full fcrca and effect for the duration of me comracc period whb the CITY. The Fltit ma, be required by die OTY, a Its sole dJscredon. tD provide a 11cerdfted co,/' of die hftcy (u defined In ANlcfe I of dais do~ whtch 1hall lndude dte dedaradon page and all required endanemem:s. In acfcffdon, dae FIRM shalf dellnr, at the time of delivery cf the Insurance cvdftcate, die following endorsemena: · (J) a pollq provision or an endorsement whh sulJstamlally stmllar provisions as follows: Tltamaf.PIP9 IOJIIIIOl6 °The O, of Soulh Miami ii an additional ~ The Insurer shall pay all sums that the City af South Miami becomes leplly obllpa!d ID P81 as damages because <If 'bodlfy lnJ~. 'property dar,ap' , or "personal and advertising tnJur," and It wlll provide a, die City aB of die coverage tha ls typlcally provided under the standard Rorida approved forms for commercial general hablllcv coverage A and coverage B": 28 147 41 81 (4) a poDc:y provision or an endorsementwhh su1m:andally similar provlslons as follows: . "Thia poflcy shall no& be cancelled (Including cancelladon for noft1111111eRt of premium). tennlnaled or m&terlally modtfted without ftrst giving the 01:J of South Miami ten (10) daJs advanced written notice of the Intent to mawtally modlfy die poDcy or to cancel or llerffllnate the pone, for any reason. The nodftcadoll shall be delivered IO the Cliy by cerdfted mall. with proof of delivery todleetq, ... J. If die FIRM Is provfcllng prafealonal services, such as wauld be provided by an ardtll8c:t. engineer, aaomuy, or accoumant. to name a few, dlen In such event and In addition to the above requirements. the FIRM shall also provide Pnilesslonal UabHlq, lnsunmce on a Ronda approwd form In the amount of $1,000.000 wi1h deducdb!e per dalm tf an,, noi to aceed SS of die llmlc of habllky provhtJna for all sums which die FIRM slla() become leplly obltpuld to pay II damages far clalms arlslna out of the santces or work perfonnecl by the FIRM ha aaems, representadwll. Sub Comractors or assigns, or by any person emplOJlld or re1ialned by him In mnnecdon with dlls Agreemant. This lnsunnce shall be matm:alned for four yean afier completion of the coastrucdon and acapmnce of any Project covered by 11111 Agreement. Howaver, the FIRM ma, purchase Specfflc ProJeu ProfealonaJ Uablllty IIIIUl'lllce. In the amount and under 1he wrns sped&ad a!iove. which ii alsc, acoapllbte. No Insurance shall be issued by a surpf111 ffnm carrier unl111 anhorad In wridng by the ckJ at die dly's sole. absolut8 and unfealllred discretion. l~Requ!NmHt G. The Finn accepa and voluntarlJv Incurs all risks of any ln)urfes. damages. or harm which mf&hl arise durlna dte work or event mat is o«urrfn& on the OTV's prope,11 due to the nealJaence ar alher fault of the Rnn or anyone acting 1llrough or on behalf of the Finn. H. The Finn shall Indemnify, defend, save and hold CITY, 1U officers, afftltnes. employees, succasors and asslp, harmless from any and aO damages. dalms, llablll&J. losses, clalms. demands. sulls. fines, Judgmems or con and expenses. tncrudlns reasonable auomey's fees, paralepl fees and Investigative costs lncidenml there to and Incurred prior to, durfna or fo!lowfna any Udpdon. medladon, arbhndan and at aO appellate levels. which may be suffered by, or accrued aplnst. dllrpd ro or recoverable from the Clcy of Soudl Miami. las officers, affit1ates, employees. successors and assfgns. by reason of 11111 causes of actions or dalm of any kind or nuure, lndudlna clalms for 1niur, ro. or deadl of any perso~ or persons and for the loss or damage ro any property arlslns out of a nedJpnt error, omJsslon, misconduct. or any aross ne&IJgence, in11endonal act ar llannful conduet of cite Finn. IIS con1nc1ar/subcontractor or any of their officers. directors. itaellCS, represenratlves. employees, or asslps, or anyone acting through or on behalf of any of them. arising ouc of this Agreement. lnddunt to It, er resultina from the performance or non-performance of the Firm's obfJgaClons under this AGREEMENT. . I. The Arm shaU pay all dalms, losses and expenses of any kind ar nature whatsoever, In connection therewith, including the expense or loss of rhe CITY and/or hs affected PagdhfG6 1'lloffllll f. Pepe 10/IJIIOld 29 148 82 officers. affilJaw. emploJees. successors and lllf&nl, lnclucflna theb' auorne(• fees. In the defense of any acdon In law or equity lrro&Jlht aplnst them and nlng from die neglpnt error, omission. or act of the firm, Its Sub-Comraaor ar Ill)' af cherr aaena. repreamadves. effllllo,ees. or aatps. and/or arflfng out of, or lndden11a, chis A&reemenr. ar Incident to or resuftlna !ram the perfarmanca ar non-performance of lhe Ann's obflpdons under 1h11 AGREEMENT. J. The Ann qrees and recoplles chat nehher cite CITY nor Ill offlan. affl!lallll. emploJees, succmson and assJ&na shall be herd Dable or responslbfe for anJ dalms, tndudJna die com and apenses af ddendfng such dalms which ma7 nsult from or arise ouc af acdons or Gfflllslons af Iha Firm. Ill conllaCCIOriaubcomnaor or any of their.-re,resen--. emplo,ees. or an!ps. or an,one acting lhrou&h or on behalf of the lhlln. and arising ouc of or concamlng the work or event dm ls oc:cumna an die CITY's propen,. In l'IM8WUlf, approv!IW or re)accqany aullmllllons or aces of dut Firm, CITY In no wa, usumes or shares respanslbtlhy or llahllltv for the ms or omllltons of lhe Firm, Its conlnctlOr/mbcomrac:tm-or any of dlefr agents. representatives. employees. or allpl. or anyone amna through or on behalf r,f diem. K. The Firm has che dlllf a, pnwfde a defense wkh an rmomey or law flnn approved by die Cir, of Soudl Miami. whldl approval wlll not be unreasonably wldlheld. L Howevv. u 1D deslan profealanal comraca. and pursuant to Secdon 725.08 (I), Frorfda ~ otone of th!! pnmstons set fri herein above dtat are In conftlcc wllh dds subpart&rapb shall a,,fy and ddl subparagraph shall.secfaNh the sole n,sponsibllhy of die dasf&n professional concemtna lndemnlftaman. Thus. dle design professlanafs obllgadons as to die Chy and tis agencies, as well as ID tts officers and employees. ls to-Indemnify and hold diem hannlea from llabltlds. damages. losses, and cons. lnchAllnr, buc no1 flmlted ro, reasonable aaome,1' fees. to die extent · caused by 111e negllaence. reddessness. or lnll!ntlonally wronafvl conduct of the desJan profmlonal and olher persons employed or utlized h1 the design profullonal In che performance af die comract. 1'1IClmal •• hpa IIIIIIJOIG THIS IS INCLUDED IN THE GENERAL CONDITIONS END Of SECTION Pt,pl4af66 30 148 43 83t ,----------------------------------------------------------------------------;:, NDff: · WDDD DOCK INfD AS' C.M.t ON [ASf PRDP[RrY llNf. I • CHAIN LINK FENCE INTO S' DRAINAGE EI\SEMCNT ON NORTH PADP[RlY LIil[. ----f----___!:,W.:. !!!!!..AVENUE! .... ,,.-,.---........ or-., !e i ,r __ __.I. 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IIOWI ■ICl111J1f'DI.PO~ IIA'lr r, flOIDA l'l(tJI 130518G5•1ZOO AH LOCATION MAP NOrn::iSOlF __ ,!!!.."!"~--,--~ ~ 4 PROPERlY ADDRfSS: 7435 SW 66 AVf., SOUTH MIAMI, FL JJ 143 CCRTIFl[D TO: LOTT & LEVINE, AND GEORGE I. LOTT DID RlPUBIIC llAIIONAL IIJLE INSURANCE COMPANY THE CITY OF SOUTH MlflMI I ( 1 LLGAL DESCRlrflDN: LOI 0, LUDLAM MRKACCDRDING TOlltC Pl.AT rll[ACOJ, 115 RCCDRDCD IN Pl.AT BOOK 65, PAGE 55 OF THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA. tua1flnl'!IIH II--IIIDIICflO-Gllo111 11,.mtv.•11anMtto0&1t t11f \lr.hA1Ulf .... D.M\tn,!AI n, AJl'"':,l,ll((MID\UIIVltO-' 1,1,n)Jl,t'rf• JJ 1111 \UilVlt 0t ,tt11 D NI RI 11, ,,or COVUID .... PIOfE\'10 .. A~ u.11-11n •~Afatl -tJ lfGAl 01\C .. IPl,0"'1 l"IIQVIDIOG•(ll(11T \J u-.p111r.11ou•o IHt•rMC,1Ufh'' -.a, \CUftD f;f(ltY.\t 0N1 Ailll OIIUDO'f .. A11:~,A\ GID:HtS: v1•nCA\ DATU¥ er Jt79 7f0\'fflfJl\tt170t ,,,.c,,,.t u.-. ... 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IIAIIIJHG\YIHlfl,lfOWHIIA( AfSlllll0tl'MAAHUIAtDYAlU1 OJ UlDPI 5\ PG \'I, '°IN,1 1'111 81.ANCO SIIRVHVORS INC E"SIIIIHI• • lnnd,;I11Yl'for& •Pl.Inn• .. • lO•coo1059 S~ NOSlfH GHOH[ PRIVE f,lllltill OCACU fl 331'11 Emall bfanco1urvo~rs1ncgyahoo com , .. , (305) 811,7810 su,nx l JE"AD4TE D'JIIIIOJ DASE 9· Hor v1.1.1n U"L[SS EV9055f:O WITH SURVEYOR'S &EAL Lim ~J liim" WM IWII ,~=.::DY IJoiiiio lllEVISED 84 Quotificotton Stoternent -Part 2 -Standard Forms EXHBBIT#6 PROFESSIONAL SERVICE AGREEMENT .. Professional General Engineering and Architectural Services" flllFQ #PW20 D 6-22 THIS AGREEMENT made and entered into this ~\ .s\ day of "'6k:ts , 20.n_ by and between the City of South Miami, a municipal corporation (hereinafter referred to as Owner or CITY) by and through its City Manager (hereinafter referred to as CITY or City Manager) and S~·Y\ti\'.'.\'G.C who is authorized to do business in the State of Florida, (hereinafter referred to as the QCONSUL TANT"). In consideration of the premises and the mutual covenants contained in this AGREEMENT, the parties agree to the following terms and conditions: 1.0 General Provisions 1.1 A Notice to Proceed will be issued by the City Manager, or his designee, following the signing of this AGREEMENT. This AGREEMENT does not confer on the CONSULT ANT any exclusive rights to perform work on behalf of the Owner other than the work described in one or more Notice to Proceed (hereinafter referred to as the "WORK"), nor does it obligate the Owner in any manner to guarantee work for the CONSUL TANT. 1.2 The CITY agrees that it will furnish to the CONSULT ANT available data and documents in the CITY possession pertaining to the WORK to be performed under this AGREEMENT promptly after the issuance of the Notice to Proceed and upon written request of the CONSUL TANT. 2.0 Scope of Services. The CONSULT ANT shall perform the work as set forth in the ScQpe of Services as described in the Notice to Proceed. 3.0 Time for Completion ::tt:nf3c 3.1 The services to be rendered by the CONSULTANT for any WORK shall be commenced upon receipt of a written Notice to Proceed from the CITY subsequent to the execution of this AGREEMENT and shall be completed within the time set forth in the Notice to Proceed or other document signed by the City Manager, or designee. 3.2 A reasonable extension of time will be granted in the event there is a delay on the part of the CITY in fulfilling its part of the AGREEMENT, change of scope of work or should any other events beyond the control of the CONSULT ANT render performance of his duties impossible. 4.0 Basis of Compensation: The fees for services of the CONSUL TANT shall be determined by one of the following methods or a combination thereof, as mutually agreed upon by the CITY and the CONSULTANT. 4.1 A fixed sum: The fee for a task or a scope of work may be a fixed sum as mutually agreed upon by the CITY and the CONSUL TANT and if such an agreement is reached, it shall be in writing, signed by the CONSULT ANT and the City Manager and attached hereto as ATTACHMENT A: 4.2 Hourly rate fee: If there is no fixed sum or if additional work is requested without an agreement as to a fixed sum, the CITY agrees to pay, and the CONSULT ANT agrees to accept, for the services rendered pursuant to this AGREEMENT, fees in accordance with the hourly rates that shall include all Page SI of66 City of South Miami -RFQ IIPW2016-22 I Professional General Engineering and Architectural Services 11 t- 45 85 Quallllcatlon Statement -Part 2 -Sfandord fol'fllS wages, benefits, overhead and profit and that shall be in writing, signed by the CONSULTANT and the City Manager and attached hereto as ATTACHMENT A. S.O Payment and Partial Payments. The CITY will make monthly payments or partial payments to the CONSULT ANT for all authorized WORK performed during the previous calendar month as set forth in the schedule of payment as set forth in ATTACHMENT A or, if no schedule of payment exhibit is attached to this AGREEMENT then payment will be made 3Q days following the receipt of CONSULT ANT's invoice as the work progresses but only for the work actually performed and approved in writing by the City Manager. 6.0 Right of Decisions. All services shall be performed by the CONSULTANT to the satisfaction of the CITY's representative. who shall decide all questions. difficulties and disputes of whatever nature which may arise under or by reason of this AGREEMENT. the prosecution and fulfillment of the services, and the character, quality, amount and · value. The representative's decisions upon all claims, questions, and disputes shall be final, conclusive and binding upon the parties unless such determination is clearly arbitrary or unreasonable. In the event that the CONSUL TANT does not concur in the judgment of the representative as to any decisions made by him, CONSULTANT shall present his written objections to the City Manager and shall abide by the decision of the City Manager. 7.0 Ownership of Documents. All reports and reproducible plans, and other data developed by the CONSUL TANT for the purpose of this AGREEMENT shall become the property of the CITY without restriction or limitation. 8.0 Audit Rights. The CITY reserves the right to audit the records of the CONSUL TANT related to this AGREEMENT at any time during the execution of the WORK and for a period of one year after final payment is made. This provision is applicable only to projects that are on a time and cost basis. 9.0 Truth-in Negotiations: If the contract amount exceeds the threshold amount provided ins. 287.017 for category four. the CONSULTANT shall execute a truth-in-negotiation certificate stating that wage rates and other factual unit costs supporting the compensation are accurate, complete, and current at the time of contracting. In such event. the original contract price and any additions thereto shall be adjusted to exclude any significant sums by which the City determines the contract price was increased due to inaccurate, incomplete, or noncurrent wage rates and other factual unit costs. All such contract adjustments must be made · within one year following the end of the contract. 10.0 Subletting. The CONSULTANT shall not assign or transfer its rights under this AGREEMENT without the express written consent of the CITY. The CITY will not unreasonably withhold and/or delay its consent to the assignment of the CONSUL TANT's rights. The CITY may, In its sole discretion, allow the CONSULT ANT to assign its duties, obligations and responsibilities provided the assignee meets all of the CITY's requirements to the CITY's sole satisfaction. The CONSULTANT shall not subcontract this AGREEMENT or any of the services to be provided by it without prior written consent of the CITY. Any assignment or subcontracting in violation hereof shall be void and unenforceable 11.0 Unauthorixed Aliens: The employment of unauthorized aliens by the CONSUL TANT is considered a violation of Federal Law. If the CONSULTANT knowingly employs unauthorized aliens, such violation shall be cause for unilateral cancellation of this AGREEMENT. This applies to any sub-CONSULTANTs used by the CONSULTANT as well. The CITY reserves the right at Its discretion, but does not assume the obligation, Page52 of 66 CltyofsouthMiami-RFQ OPW2016-22 I Profeslionol General Engineering and Architectural Services 1 I 5 4R 86 Quallficatfon Statement -Port 2 -standard Forms to require proof of valid citizenship or, in the alternative, proof of a valid green card for each person employed in the performance of work or providing the goods and/or services for or on behalf of the CITY including persons employed by any independent contractor. By reserving this right, the CITY does not assume any obligation or responsibility to enforce or ensure compliance with the applicable laws and/or regulations. 12.0 Warram;y. The CONSULT ANT warrants that it has not employed or retained any company or person, other than a bona fide employee working solely for the CONSULTANT, to solicit or secure this contract and that he has not paid or agreed to pay any company or person other than a bona fide employee working solely for the CONSULTANT any fee, commission, percentage fee, gifts or any other considerations contingent upon or resulting from the award or making of this contract. For breach or violation of this warranty, the CITY shall have the right to annul this contract without liability. 13.0 Termjnation. It is expressly understood and agreed that the CITY may terminate this AGREEEMENT for any reason or no reason and without penalty by either declining to issue Notice to Proceed authorizing WORK. or, if a Notice to Proceed is issued, CITY may terminate this AGREEMENT by written notice to CONSUL TANT, and in either event the CITY's sole obligation to the CONSULT ANT shall be payment for the work previously authorized and performed in accordance with the provisions of this AGREEMENT. Payment shall be determined on the basis of the work performed by the CONSUL TANT up to the time of termination. Upon termination, the CITY shall be entitled to a refund of any monies paid for any period of time for which no work was performed. 14.0 Term. This AGREEMENT shall remain in force until the end of the term, which includes all authorized renewals, or unless otherwise terminated by the CITY. The term of this agreement is three (3) years from the issuance of the Notice to Proceed and one two- year option-to renew. The option to renew is at the discretion of the City Manager. The CITY may terminate the contract without cause following 30 da~ advanced notice to the CONSUL TANT. However, in no event shall the term exceed five (5) years following the issuance of the Notice to Proceed. 15.0 Default. In the event either party fails to comply with the provisions of this AGREEMENT, the aggrieved party may declare the other party in default and notify the defaulting party in writing. If CITY is in default, the CONSULT ANT will only be compensated for any completed professional services and CONSULT ANT shall not be entided to any consequential or delay damages. In the event that partial payment has been made for such professional services not completed, the CONSUL TANT shall return such sums to the CITY within ten ( I 0) days after notice that said sums are due. In the event of any litigation between the parties arising out of or relating in any way to this AGREEMENT or a breach thereof,· each party shall bear its own costs and legal fees. 16.0 Insurance and Indemnification. The CONSULTANT agrees to comply with CITY's Insurance and Indemnification requirements that are set forth in ATTACHMENT B to this AGREEMENT. 17 .0 Agreement Not Exdusjye. Nothing in this AGREEMENT shall prevent the CITY from employing other CONSULTANTS to perform the same or similar services. 18.0 Codes, Ordinances and Laws. The CONSUL TANT agrees to abide and be governed by all duly promulgated and published municipal, county, state and federal codes, ordinances, rules, regulations and laws which have a direct bearing on the WORK involved on this project. The CONSUL TANT is required to complete and sign all affidavits, including Public Entity Crimes Affidavit form (attached) pursuant to FS 287.133(3) (a), as required by the CITY's solicitation, if any, applicable to this Page 53 of 66 Clly of SOVlh Miami • RFQ OPW2016-22 I Professional Genercl Engineelfng end Alehitecturot Setviees 116 47 87 QuallftcaHon Statement -Port 2 -Standard Forms AGREEMENT. 19.0 !ms.§. CONSULTANT shall be responsible for payment of all federal, state, and/or local taxes related to the Work, inclusive of sales tax if applicable. 20.0 Drug Free Workgtace. CONSULT ANT shall comply with CITY's Drug Free Workplace policy which is made a part of this AGREEMENT by reference. 21.0 Independent Contractor. CONSULTANT is an independent entity under this AGREEMENT and nothing contained herein shall be construed to create a partnership, joint venture. or agency relationship between the parties. 22.0 Duties and Responsibilities. CONSULTANT agrees to provide its services during the term of this AGREEMENT in accordance with all applicable laws, rules, regulations, and health and safety standards of the federal, state, and CITY, which may be applicable to the service being provided. 23.0 Ucenses and Certiflcadons. CONSUL TANT shall secure all necessary business and professional licenses at its sole expense prior to executing the AGREEMENT. 24.0 Entire Agreement, Modification, and Binding Effect: This AGREEMENT constitutes the entire agreement of the parties, incorporates all the understandings of the parties and supersedes any prior agreements, understandings, representation or negotiation, written or oral. This AGREEMENT may not be modified or amended except in writing, signed by both parties hereto. This AGREEMENT shall be binding upon and inure to the benefit of the City of South Miami and CONSUL TANT and to their respective heirs, successors and assigns. No modification or amendment of any terms or provisions of this AGREEMENT shall be valid or binding unless it complies with this paragraph. This AGREEMENT, in general, and this paragraph, in particular, shall not be modified or amended by acts or omissions of the parties. If this AGREEMENT was approved by written resolution of the City Commission, or if such approval is required by ordinance or the City Charter, no amendment to this AGREEMENT shall be valid unless approved by written resolution of the City Commission. 25.0 Jury Trial-CITY and CONSULTANT 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 this AGREEMENT or the performance of the Work thereunder. 26.0 Validity of Executed Copies. This AGREEMENT may be executed in several counterparts, each of which shall be construed as an original. 27.0 Rules of 1ntemretation: Throughout this AGREEMENT the pronouns that are used may be substituted for male, female or neuter, whenever applicable and the singular words substituted for plural and plural words substituted for singular wherever applicable. 28.0 SeyerabHJty. If any term or provision of this AGREEMENT or the application thereof to any person or circumstance shall, to any extent, be invalid or unenforceable, the remainder of this AGREEMENT, or the application of such term or provision to persons or circumstances other than those to which it is held Invalid or unenforceable, shall not be affected thereby and each and every other term and provision of this AGREEMENT . shall be valid and enforceable to the fullest extent permitted by law. 29.0 Cumulative Remedies: The duties and obligations imposed by the contract documents. if any, and the rights and remedies available hereunder, and, In particular but without limitation, the warranties, guarantees and obligations imposed upon CONSUL TANT by the Contract Documents, if any, and this AGREEMENT and the rights and remedies available to the CITY hereunder, shall be in addition to, and shall not be construed in any way as a limitation of, any rights and remedies available at law or in equity, by special guarantee or by other provisions of the Contract Documents, if any, or this AGREEMENT. In order to entide any party to exercise any remedy reserved to it in this Page 54of66 City of South Mlcmi • RfQ l'IPW2016-22 I Professlonal General Engineering ond AR:hilecturct SeMces 117 48 88 Quollf!coi1on Statement -Port 2 -Stando!d Forms AGREEMENT, or existing in law or in equity, it shall not be necessary to give notice, other than such notice as maybe herein expressly required. No remedy conferred upon or reserved to any party hereto, or existing at law or in equity, shall be exclusive of any other available remedy or remedies, but each and every such remedy shall be cumulative and shall be in addition to every other remedy given under this AGREEMENT or hereafter existing at law or in equity. No delay or omission to exercise any right or power accruing upon any default shall impair any such right or power or shall be construed to be a waiver thereof, but any such right and power may be exercised from dme to time as often as may be deemed expedient. · 30.0 Non-Waiver. CITY and CONSULTANT agree that no failure to exercise and no delay in exercising any right, power or privilege under this AGREEMENT on the part of either party shall operate as a waiver of any right, power, or privilege under this AGREEMENT. No waiver of this AGREEMENT, in whole or part. including the provisions of this paragraph, may be implied by any act or omission and will only be valid and enforceable if in writing and duly executed by each of the parties to this AGREEMENT. Any waiver of any term, condition or provision of this AGREEMENT will not constitute a waiver of any other term, condition or provision hereof, nor will a waiver of any breach of any term, condition or provision constitute a waiver of any subsequent or succeeding breach. The failure to enforce this AGREEMENT as to any particular breach or default shall not act as a waiver of any subsequent breach or default. 31.0 No Discrimination and Equal Employment No action shall be taken by the CONSULT ANT, nor will it permit any acts or omissions which result in discrimination against any person, including employee or applicant for employment on the basis of race, creed, color, ethnicity, national origin, religion, age, sex, familial status, marital status, ethnicity, sexual orientation or physical or mental disability as proscribed by law and that it will take affirmative action to ensure that such discrimination does not take place. The CONSUL TANT shall comply with the Americans with Disabilities Act and it will take affirmative action to ensure that such discrimination does not take place. The City of South Miami's hiring practices strive to comply with ·all applicable federal regulations regarding employment eligibility and employment practices in general. Thus, all individuals and entities seeking to do work for the CITY are expected to comply with all applicable laws, governmental requirements and regulations, including the regulations of the United States Department of Justice pertaining to employment eligibility and employment practices. By signing this AGREEMENT, the CONSUL TANT hereby certifies under penalty of perjury, to the CITY, that CONSUL TANT is in compliance with all applicable regulations and laws governing employment practices. 32.0 Goveming Laws. This AGREEMENT and the performance of services hereunder will be governed by the laws of the State of Florida, with exclusive venue for the resolution of any dispute being a court of competent jurisdiction in Miami-Dade County, Florida. 33.0 Effective Date. This AGREEMENT shall not become effective and binding until it has been executed by both parties hereto, and approved by the City Commission if such approval is required by City's Charter, and the effective date shall be the date of its execution by the last party so executing it or if City Commission approval is required by the City's Charter, then the date of approval by City Commission, whichever is later. 34.0 Third Part;y Beneficiary. It is specifically understood and agreed that no other person or entity shall be a third-party beneficiary hereunder, and that none of provisions of this AGREEMENT shall be for the benefit of or be enforceable by Page 55 of 66 City of Soulh Miami -RfQ OPW201 ~221 Professional Generol Engineering and Architectural Services 118 49 89 Quallllcotton Statement -Pott 2 -S!undarci Forms anyone other than the parties hereto, and that only the parties hereto shall have any rights hereunder. 35.0 Further Assurances. The parties hereto agree to execute any and all other and further documents as might be reasonably necessary In order to ratify, confirm, and effectuate the Intent and purposes of this AGREEMENT. 36.0 Time of Essence. Time is of the essence of this AGREEMENT. 37.0 Interpretation. This AGREEMENT shall not be construed more strongly against either party hereto, regardless of who was more responsible for its preparadon. 38.0 Force Majeure. Neither party hereto shall be In default of Its failure to perform its obligations under this AGREEMENT if caused by acts of God, civil commotion, strikes, labor disputes, or governmental demands or requirements that could not be reasonably antidpated and the effects avoided or mitigated. Each party shall notify the other of any such occurrence. 39.0 Subcontracting: If allowed by this AGREEMENT, the CONSULTANT shall be as fully responsible to the CITY for the acts and omissions of Its subcontractors/subconsultants as it is for the acts and omissions of people directly employed by It. All subcontractors/subconsultants and their agreements, if allowed by this AGREEMENT, must be approved by the CITY. The CONSULTANT shall require each subcontractor, who is approved by the CITY, to agree In the subcontract to observe and be bound by all obligations and conditions of this AGREEMENT to which CONSUL TANT is bound. 40.0 Public Records: CONSULT ANT and all of Its subcontractors are required to comply with the public records law (s.119.0701) while providing goods and/or services on behalf of the CITY and the CONSULTANT, under such conditions. shall Incorporate this paragraph in all of its subcontracts for this Project. Under such condition, CONSULT ANT 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 shall 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 shall 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 REGARDDNG THE APPLICATION OF CHAPTER D 89, FLORIDA STATUTES, TO TIHl!E CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THIE CUSTODIAN OF PUBLIC RECORDS AT 305-663-6340; E-mail: mmenendez@southmlamifl.gov; 6130 Sunset Drive, South Miami, FL 331143. 41.0 Notices. Whenever notice shall be required or permitted herein. it shall be Page 56of66 Clly of Soulh Miami • RFQ #PW2016-22 I· Prolesslonal General Engineering and Archlteclural Selvices 1 19 50 90 Qualification Statement • Part 2 -Stondord Forms delivered by hand delivery. e-mail (or similar electronic transmission). facsimile transmission or certified mail. with return receipt requested and shall be deemed delivered on the date shown on the e-mail or delivery confirmation for any facsimile transmission or, if by certified mail, the date on the return receipt or the date shown as the date same was refused or unclaimed. If hand delivered to the CITY. a copy must be stamped with the official City receipt stamp showing the date of deliver; otherwise the document shall not be considered to have been delivered. Notices shall be delivered to the following individuals or entities at the addresses (including e-mail) or facsimile transmission numbers set forth below: To CITY: With copies to: To CONSULTANT: City Manager, 6130 Sunset Dr. South Miami, FL 33143 Tel: (305) 668-2510 Fax: (305) 663-6345 E-mail: salexander@southmiamifl.gov City Attorney 6130 Sunset Dr. South Miami, FL 33143 Tel: (305) 667-2564 Fax: (305) 341-0584 E-mail: tpepe@southmiamifl.gov 42.0 Corporate Authorit;y: The CONSULTANT and its representative who signs this AGREEMENT hereby certifies under penalty of perjury that the CONSUL TANT and its representative have, and have exercised, the required corporate power and that they have complied with all applicable legal requirements necessary to adopt, execute and deliver this AGREEMENT and to assume the responsibilities and obligations created hereunder; and that this AGREEMENT is duly executed and delivered by an authorized corporate officer, in accordance with such officer's powers to bind the CONSULT ANT hereunder. and constitutes a valid and binding obligation enforceable in accordance with its terms. conditions and provisions. RN W!TINIESS WHIERIEOF, this AGREEMENT was signed on or before the date first above written subject to the terms and conditions set forth herein. --=--~~::....::;.._:.._...:;..;,,......;...;;a~:i...:;'1·t.~{;,J City Clerk .-~ c~½:(~ By~. LE P, Vice President Stantec Consulting Services Inc. (Print Name_~~ City of South Miami By:---~ .,..----st;ven Alexander City Manager Page 57 of 66 CilyolSoulhMlomi -RFQ OPW2016-22 I Professlonol General Engineering end Architectural S8f\llces 120 51 91 Read and Approved as to Form. Language, legality and Execution thereof: · :~~~ By: ...;.;;_ _______ _ Sfmlloc: Thomas F. Pepe, Esq. City Attorney Page58 of66 Quo!illcalfonStotement-Pat 2-Standard Forms CilyolSoufhM!r.lml • RFQ ~rw2016·22 j Prolos$1oncd General F.nglnccdng and ArcllilcclUtOl Seivlc:c-s 121 52 92 r:i, Southtami RQ Ql'f O, PUASANT lMIIC ADDENDUM TO PROFESSIONAi.SERViCE AGREEMENT "Prof&Sllonml General Eqlneedq and Archltectural Servlcal" RFQ#PW2016-22 The City and CONSULTANT asree that a separate rotational list wm be dedicated for work performed under a continuing professional service contract, as specified In the Scope of Services, for "Certified Arborlsts Services," and a separate rotational list will be established for all CCNA professional services. "Certified Arborfsts Services" Is defined as: o certified Arborrlst Services: Consultant may be called upon to review all tree removal permit appllcatlons that are submitted to ensure compliance with the regulations outlined In Section 20--4.5.1 of the City's Land Development Code. The review lndudes the lnltlal site Inspection followed up by the determination of mitigation and a final Inspection. When needed, assist City Departments with other Issues related to the maintenance, preservation, and protection of trees on both private and pubnc property. The rotational 11st for "Certified Arborlsts Services" will rotate every three (3) months among the CONSULTANTS. The City Intends to retain a ma,dmum of four (4) quahfled firms under four (4) separate but similar Professional Services Agreements. ----~ CONSULTANT: ~ (Name of Signatory) Read and Approved as to Form, Language, l.epllty and Execution thereof: ~;_,~ By:--------- Thomas F. Pepe, Oty Attorney By: ....... ~ /stevenAlexander, Oty Manager ( 53 93 1llamaa P. Pepe IO#ll/2016 ATTACHMENT A ''OOIMIPIENSA'TDOINlP' Plll@flESSR@INAIL SIERVBCIE AGlmeMENT "(li)Nfwbaw Gcmenil ~ mnd An:llllmclun9 hnicea'' RFQIPW2016--22 Pigei9ofa6 143 54 94 Professional General Engineering & Architectural Services RFQ #PW2016-22 Wage Rates Summary Job Classification City of South Miami Benchmark Hourly Rate Principal $180.00 Sr. Project Manager $170.00 Project Manager $160.00 Senior Engineer $145.00 Senior Planner $125.00 Planner $85.00 Senior Traffic Engineer $125.00 Traffic Engineer $85.00 Senior Designer/Engineer $90.00 Designer $80.00 Engineering Intern $95.00 Senior CADD Technician $100.00 CADD Technician $65.00 GIS Technician $80.00 Senior Construction Inspector $90.00 Construction Inspector $75.00 Senior Landscape Architect $125.00 Landscape Architect $115.00 Landscape Architect Intern $70.00 Arborist $75.00 Utility Coordinator $90.00 Surveyor/ Mapper $85.00 Survey Technician $60.00 2-Man Survey Crew $115.00 3-Man Survey Crew $125.00 4-Man Survey Crew $135.00 Fire Protection Engineer $90.00 Plumbing Engineer $90.00 Mechanical Engineer $90.00 Electrical Engineer $90.00 Geotechnical Engineer $120.00 Geologist $90.00 Environmental Scientist $85.00 Senior Administrative Assistant $65.00 Clerical $45.00 55 95 A T"II" AC:IHllMIIEINIT..11 ONSQJIM.NCE It llNDIEMN8!FBCATDOIN HQUORIEMIEINITS PROR!IS!ONAL IIERVICI& AGUE!Mll!NT 1.010 lnsuranca "Prafauloml Gasnen!I IEnginffrin, anc9 ArdtltlacturmB Servlov' RFQ#U'WlOl6-22 A. Wllhoui llmldng hs lfablllty, the connaor, consultant or consulting firm (hereinafter referred co as "ARM'' with regard co lnSurance and Indemnification requiremems) shall be required to procure and malmain at its own expense duri01g the llfe of the Contract. Insurance of the types and In the minimum amounts stated below as will protect the FIRM, from clalms which may arise out of or result from the contract or 1he ,erfonnance of the ClOffil'act with the Cli, of Soudl Miami, whether such claim Is against dte FIRM or any sub-conb'fflOr, or by anyone directly or lnclirealy employed by any of them or by anyone for whose aces any of them may be liable. B. No Insurance required ~ the CITY shall 8Je Issued or wrtuen by a surplus lines carrier unless audlorlzed In wrhlng by the CITY and such authorization shall be at die CITY's sale and absolute discret;ion. The FIRM shall purchase Insurance from and shall maintain the Insurance wl1lh a company or companies lawfully authorized to sell Insurance In the State of Florida. on forms approved by die Sme of Florida. as will protect.the FIRM. at a minimum. from aU claims as set forth below which may arise out of or result from die FIRM's operadons under the Contract and for which the FIRM may be legally hable. whether such operations be by the FIRM or by a Subcontractor or by anyone cllrecdy or indirectly employed by any of them, or by anyone for whose acts any of chem may be Hable: (a) dalms under workers' compensadon. disability benefit and other sfmllar employee benefit aCIS which are appUcable u, the Work to be performed: (b) claims for damages because of bodily injury, occupational sickness or disease. or death of die FIRM's employees; (c) dalms for damages because of bodily Injury, slclcness or disease, or death of any person other d1an the FIRM's employees: (cl) dalms for damages Insured by usual personal ln)ury llabllii, coverage: (e) claims for damages. 01her chan to the Work itself, because of lnJury to or destruction of tangible property, Including loss of use resulting there from: (t) clahns for damages because of bodily Injury, deadl of a person or property damage arising out of ownership. maintenance or use of a motor vehlde; (I) claims for bodily Injury or property damage arising out of completed operadons; and (h) claims Involving contracr.ual liability Insurance apphcable to the FIRM's obllgadons under the Contract. 1.011 Ban's Insurance GenerallJ. The FIRM shall 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 specitled hereinafter), die insurance coverage written on Florida approved forms and as set forth below: 1.012 Workers' Compensation Insurance at the statutory amount as to all employees in compliance with the 'Workers' Compensation La~ of the State of Florida lndudlng Chapter 440, Florida S~U!S. _as presently wrtuen or hereafter amended, and aO appllcable federal laws. TllomatF.Pe,e IOll:l/2011 Page 60 of 66 . 145 56 96 (4) a poftcy provision or an endorsement with subnandally similar provisions u follows: . "This policy shall not be cancefled ~ndudlng cancelladon for non-payment of premium). termlnaled or materially modlfted wldlout first giving die Ch;y of Soudl Miami ten (10) days advanced written notice of the Intent to materlallv modify the pohcy or to cancel or terminate the pollcy for any reason. The nodflcattan shall be dellvered to the Clf¥ by cee dfted mal~ wim proof of delivery totheC1tr.11 J. If the FIRM Is provldJna professional services. such as would be p1 ovkled by an archl1ec:t. engineer, auarney, or accoum:anc. u, name a few, men In such avant and In addldon to die above requirements. the FIRM shall also provide Professlonal Uablllty Insurance on a Florida approved form In the amount of $1,000.000 with deducdbfe per dalm If any. not to exceed SS of the limit of liabllh1 provldln& for all sums which the FIRM shall become legally obligated to pay as cfama&es for clalms arlslna out of the services or work performed by the FIRM Its agems. representadves. Sub Contractors or assigns. or by any person employed or recalned by him In connecdon with chis Aareement-This tnsurance shaD be maJmalned for four years after compledon of die construcdon and acceptanee of any Pro)act covered by this Aanement, However, the FIRM may purchase Speclt1c Proiect Professional Uabllh1 Insurance. In the amount and under the terms spedfted above. which Is also acceptable. No Insurance shall be issued by a surplus Ones carrier unless authorized In wrtdng by die chJ at the city's sole. absolute and unfeaared dlscredon. ll!lldemnlflcalon Requnrement G. The Rrm accepu and volumarlly lnaars aD risks of any lnJurles, damages, or harm which might arise durins the work or event that Is occurrln, on the CITY's proper11 due to the neaftaence or other fault of the Finn or anyone acdng through or on behalf of die Firm. H. The Finn shall Indemnify, defend, save and hold arY, its officers, affiliates. emplorees. successors and aaf&ns. harmless from any and aD damaps. dalms, liability, losses, clalms. demands. suta. fines. Judgmems or cost and expenses, lndudlng reasonable attorney's fees. paralepl fees and lnvesdptlve costs Incidental there to and Incurred prior to, during or foUowing any lltipdon, medladon, arbitradon and at aD appellace levels. which may be suffered by, or acaued against. charged to or recoverable from the City of Soudl Miami, la officers. affiliates, employees. successors and assigns. by reason of any causes of acdons or claim of any kind or nature, Including claims far lnJury to. or death of any peno!9 or persons and for the loss or darna&e to any property arising out of a negllgent error. omission, misconduct, or any gross negligence. intentional act or harmful conduct of die Firm, Its contractor/subconncror or any of chelr officers. direaors, agems, representatives, employees, or asslps, or anyone acting through or on behalf of any of chem. arising out of this Agreement. lnddent to It. or rvsuldn, from the performance or non-performance of lhe Firm's obllpdons under this AGREEMENT. I. The Rnn shaD pay all dalms. losses and expenses of any kind or nature whatsoever, In connection therewith, induding the expense or loss of the CITY and/or Its affected Page63of66 n.m. ,. Pepe ll/1Jll016 148 59 97 offlcers. aflillates. employees. successors and assf&ns, lnducfin& their attorney's fees, In che defense of any action In law or equity brought aplnst chem and arlsln,s from the negligent error, omission, or act of the Firm. Its Sub-Contractor or any of ch• agents, represematlves. emplo,aes, or assigns. and/or arising out of. or lnddent to, this Aareement. or Incident t;O or resulting from the perfonnance or non-perfonnance of the Finn's oblpdons under this AGREEMBff. J. The Finn aarees and recognizes that neither the CTY nor hs officers. affllfates. employees. successors and assigns shall be held Hable or responsible for any dalms, indudlna che costs and expenses of defending such dalms which may result from or arise out of actions or omlsslona of che Flrm, Its contractor/subcomractor or any of dtelr agents. representatives employees, or assigns. or anyone acting through or on behalf of the diem. and arising out of or concerning 1he work or event that Is occurring on the CITY's property. In reviewing. approving or nl)ec:dng any submissions or acts of die Finn, CITY In no way assumes or shares responslblhty or llablUty for 1he acts or . omissions of die Rrm, tts contradiOr/subcontractor or any of their agents. representatives. employees. or assJans, or anyone acting throu&h or on bahalf ~ diem. K. The Firm has the dU1J 10 provide a defense with an auomey or law ftnn approved by the 0, of South Miami. which approval wlll noi be unreasonably withheld. L However. aa to design professional contraca. and pursuant to Secdon 725.08 (I), Florida Smures, none of chi! provisions set forth herein above that are In conflict with chis subparagraph shall apply and this subparagraph shall sec fonh die sole responsibility of die design professional concerning lndemnlflcadon. Thus, the design professtonal's oblJgadons as to t:he Ch¥ and tcs agencies. as well as to its officers and employees. ls to Indemnify and hold chem hannlass from liabllldes. damages. l0$$81, and cons. Including, buc not limited to, reasonable momeys• fees, to 1:he extent caused by 1:he negllgence. reddessness, or lnmndonally wranaful conduct of the design professional and other persons employed or utilized by the design professional In the performance of the comract. 'lllamatF.ll'epe IOIIIIZOIG THIS IS INCWDED IN THE GENERAL CONDITIONS 9'1D OF SECTION PagaG4of6G 149 60 98 RESOLUTION NO. 023-22-15776 A Resolution authorizing the City Manager to accept a revise exhibit plan option #1 and to Instruct and pay Stantec to redevelop contract documents for Vice Mayor Robert C. Welsh Jr. Park. WHEREAS, in 2020, per Resolution #013-20-15453, city staff completed Phase I of the design process, which entailed survey reports, an online community input survey and multiple virtual meetings, including a display of various conceptual design layouts; and WHEREAS, the late Vice Mayor Welsh participated in Phase I planning and development process; and WHEREAS, later that year (2020), per Resolution #160-20-15600, city staff conducted Phase II of the design process for a comprehensive field review, permitting, and detailed contract documents; and WHEREAS, through the Procurement Division, the City's Parks and Recreation Department issued a Request for Proposal ("RFP") #PR2021-47 on Thursday, December 2, 2021 for construction services at Robert C. Welsh Jr. Park; and WHEREAS, sometime during the solicitation process or immediately after the closing of RFP #PR2021-47, city staff was made aware that a few residents were not satisfied with the park elements selected and/or the overall layout plan for the park (attached "Original Exhibit Plan"); and WHEREAS, the main features in the original, solicited contract plans included an ADA accessible meandering path, a rotunda seating bench area, playground structures, a covered shelter, and a basketball half-court within a 16,730 sf or 0.38 acre park space. Note: Area residents' requested a fishing pier/observation dock structure, however, it was eliminated as an· option since Miami Dade County's Division of Environmental Resource Management (DERM} will not allow it. DERM informed the City that it will not approve/permit the proposed fishing pier- observation dock structure because it would encroach on both the Canal Maintenance Easement ("CME" 5 foot-wide) and Canal Right-of-Way ("CRW" 85 foot-wide). Miami Dade County's secondary canals, such as Twin lakes Canal, are need for flood relief and permanent structures are prohibited within the CME and CRW; and WHEREAS, in the initial solicited plan (attached ''Original Exhibit Plan"), the ADA accessible meandering path, including the rotunda seating bench area is 2,080 sf which represents roughly 12% of the park, the playground protective safety surface is 1,265 sf or 7% of the park, and the basketball court and shelter combined is 2,244 sf or 13% of the park. Combined, roughly 32% of the park is proposed to be covered/occupied/paved and the remaining 68% is dedicated for open space, exiting tree species, and landscaping; and Page 1 of 3 99 Res. No. 023-22-15776 WHEREAS, based on recent feedback received from the community, city staff is proposing a revised exhibit, attached as "Revised Exhibit Plan Option #1 11; and WHEREAS, the attached revised exhibit ("Exhibit Plan Option #1 11) illustrates some of the main elements originally desired by area residents (i.e. playground structures, shelter); however, staff eliminated the rotunda seating area. Also, the accessible meandering path has been redesigned, including a reduction to a width of 5' ft., to accommodate more open-green space as desired by area residents; and WHEREAS, per the revised proposed exhibit, the ADA accessible meandering path is 1,403 sf or 8% of the park. Therefore, combined, roughly 28% of the park is proposed to be covered/occupied/paved and the remaining 72% is dedicated for open-green space use; and WHEREAS, staff recommends and believes that the revised Exhibit Option #1 not only saves money and time, incorporates the original design plan desired by area residents during the planning and development phase in 2020, but also takes into account recent discussions by area residents for less covered/occupied/paved areas and more open green space for passive and semi-active use. 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 correct and are hereby made a specific part of this resolution upon adoption hereof. Section 2. The City Manager is hereby authorized to reject bids related to RFP #PR2021- 47, New Park Improvements at Robert C. Welsh Jr. Park. Section 3. The City Manager is hereby authorized to instruct and to pay Stantec for a design change order in the amount of $14,675 to prepare revised contract documents for the development of Robert C. Welsh Jr. Park. The total expenditure in the amount of $14,675 shall be charged to account number 301-2000-572-6450, which has a balance of $1,235,147 before this request was made. Section 4. Upon completion of contract documents for the revised proposed exhibit attached, the City Manager is authorized to reissue a Request for Proposals related to construction services for new park improvements at Robert C. Welsh Jr. Park. Section 5. 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 6. 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 will Page 2 of 3 100 Res. No. 023-22-15776 not affect the validity of the remaining portions ofthis resolution . Section 7. Effective Date. This resolution will become effective immediately upon adoption. PASSED AND ADOPTED this pt day of March, 2022. ATTEST: c1Tv chf RK D' READ AND APPROVED AS TO FORM, LANGU COMMISSION VOTE : Mayor Philips : Commissioner Harris: Commissioner Gil: 5-0 Yea Yea Yea Commissioner Liebman: Yea Commissioner Corey: Yea Page 3 of 3 Agenda Item No:3. City Commission Agenda Item Report Meeting Date: March 1, 2022 Submitted by: Quentin Pough Submitting Department: Parks & Recreation Item Type: Resolution Agenda Section: Subject: A Resolution authorizing the City Manager to accept a revise exhibit plan option #1 and to instruct and pay Stantec to redevelop contract documents for Vice Mayor Robert C. Welsh Jr. Park. 3/5 (Commissioner Gil) Suggested Action: Attachments: Resolution-Welsh_Park__Concept_Option_CArev.docx Original Exhibit Plan-May 2021.pdf Revised Exhibit Plan Option #1-February 2022.pdf Stantec-Design Proposal CO #1.pdf Phase I-Stantec Resolution #013-20-15453.pdf Phase II-Stantec Resolution #160-20-15600.pdf 2020 Community Input Survey.pdf 1101 5102 LU01.AM SLEMENlARY SCHOOL -------------~ ·i ~l 0 ,,----I '\ 42")(50' 8.ASKElBALL HALF CO URT I \ I ' I ',, / ' ,, ' ---' 'I I -----'/ / ...,. I Pl.A YGROUNO I \, \ ., ~ ' \\ ~\ ·\ \\ ·\ '\, .\ '\ ,,.,,\ ~ ·~ \~ SW74TH TERRACE '\:, -~ \, ' '\' ST A81 LIZE:0 PARKING AR EA Vice Mayor Robert C. Welsh Jr. Park Illustrative Site Plan ~ ld_,_ 10 "', 2 1 Ma.L2021 () Stantec j ... Exhibit Option # 1 Sponsored by: Commissioner Gill 6103 Ponce de Leon Boulevard, Suite 900 Coral Gables, Florida 33134 Tel: (305) 445-2900 February 23, 2022 City of South Miami Park & Recreation Department 5800 SW 66th Street Miami, FL 33143 Main: (305) 668-3876 Attention: Mr. Quentin Pough, CPRP, CPSI Director of Parks and Recreation Reference: Robert Welsh Park – 7435 SW 66 Ave– Additional Services Proposal City of South Miami, Florida Dear Mr. Pough: We are pleased to present this proposal for additional services for the above referenced project. 100% Plans were previously completed and submitted to the City of South Miami. After a review by the City, some design changes are being requested consisting of geometry/layout and re-configured playground area, thus allowing for more green area for the park. See attached email correspondence dated February 16, 2022. Additional Services Changes will be reflected on the civil plans (geometry , grading and water service plans) and landscaping/hardscape plans. Terms and Conditions: All terms and conditions shall be per our Professional Service Agreement for Professional General Engineering and Architectural Services as authorized by Resolution 060-17-14861. Our fees shall be as follows. Re-design Phase (Lump Sum) ..................................................... $14,675 We are ready to begin working on this assignment upon your authorization to proceed. If acceptable to you, we will accept a signed copy of this form as your written authorization to proceed. Thank you, Stantec Consulting Services Inc. Sean Compel, P.E., LEED AP, ENV SP Principal Tel: 305-445-2900 sean.compel@stantec.com 7104 ______________________ ______________ February 23, 2022 Page 2 of 2 City of South Miami Approved by: ____________________ Signature Print Name Date V:\2156\active\215600966\management\Additional Services\Robert_Welsh Park Redesign .docx 8105 Stantec Consulting Services Inc.Fee Worksheet - Page 1 DATE:23-Feb-22 PROJECT:PLAN RE-DESIGN ROBERT WELSH PARK Re-Design Phase Principal Senior Project Manager Senior Engineer Engineer Intern CAD Tech Clerical Project/team coordination and kick-off 2 2 Geometry & Water service plan 2 4 4 8 Grading Plans 6 4 4 8 Sections & Details 2 Landscaping Plans 1 12 20 Hardscape Plans 1 6 20 Quanities, bid items, cost estimate 1 1 1 Sub-Total Hours 3 29 48 12 17 0 Billing Rate 180.00$ 170.00$ 145.00$ 95.00$ 65.00$ 45.00$ Labor Cost $540 $4,930 $6,960 $1,140 $1,105 $0 $14,675 $14,675 FEE WORKSHEET Labor Sub-Total: Re-Design Phase Total: 9106 From:DeMarco, Fran To:Shari Kamali; Pough, Quentin Cc:Herdocia, Carlos; Buck, Kristen Subject:Welsh Park Sidewalk Tabulation Date:Wednesday, February 16, 2022 4:43:42 PM Attachments:image001.png Ms. Kamali: Thank you for your input during today’s meeting. Per your request, I am providing the sidewalk area based upon the snippet exhibit below. Sidewalk Area = 1,515sf Regards, Fran DeMarco Senior Associate | Senior Project Manager Planning + Landscape Architecture Direct: 239 649-4040 ext 6409 Mobile: 239 227-1981 Fax: 239 643-5716 10107 11108 RESOLUTION NO.: oi 3 -2 o-i s 4 s 3 A Resolutlon authorizing the City Manager to negotiate and to pay Stantec consulting Services, Inc. to conduct survey reports, conceptual designs, and community input meetings related to the conversion of a residential property Into a public park, WHEREAS, pursuant to the Professional Services Agreement provided by the City for professional general engineering and architectural services, City staff desires to engage Stantec to conduct survey reports, conceptual designs and community input meetings related to the conversion of a recently purchased property located at 7435 SW 66 Avenue (14,810 SF) into a public park; and WHEREAS, at the last City Commission meeting held on Tuesday, January 7, 2020, staff had recommended a proposal that included jurisdictional wetland review, survey of waterway, and costs related to the design and permitting of a floating dock/ramp for non-motorized boat operators . Due to the original proposal's work scope, service fees and other factors, the City Commission deferred the Item and directed staff to explore alternative options; and WHEREAS, the attached revised proposal directs Stantec to conduct survey reports, conceptual designs, and coordinate community input meetings only. This option allows th_e City Commission and staff to clearly define which park elements and features are desired by city residents, as well as determine applicable and reasonable professional design fees for future services related to this project; and WHEREAS, once these phases are complete, including the Input from community residents and identification of park elements and features, staff will submit a new proposal for City Commission review pertaining to project management and permit coordination with City of South Miami and Miami-Dade County Department of Regulatory and Economic Resources (DRER); specs and bid package preparation, final signed and sealed construction documents, anticipated/preliminary construction costs, as well as post assistance with pre-bid conference(s) and construction administration services; and WHEREAS, the total expenditure shall not exceed $25,400. The total expenditure In the amount of $25,400 shall be charged to account number 301-2000-572-6450, which has a balance of $821,678 before this request was made. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA THAT: , Section 1: The City Manager is authorized to negotiate and to pay Stantec Consulting Services, Inc to conduct survey reports, conceptual designs and community input meetings related to the conversion of a residential property into a public park in accordance with the scope of the work outlined in the recitals to this resolution for an amount not to exceed $25,000. 12109 Resolution No.013-20-15453 Section 2: 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 3: This resolution shall become effective immediately upon adoption. PASSED AND ADOPTED this 21st day of January, 2020. ATTEST: CITY CL · COMMISSION VOTE: 5-0 Mayor Stoddard Vice Mayor Harris Commissioner Gil Yea Yea Yea Commissioner Liebman Yea Commissioner Welsh Yea 2 13110 , RESOLUTION NO.: 160-20-15600 A Resolution authorizing the City Manager to procure services from Stantec Consultin1 Services, Inc. to complete phase II professional engineering and desisn construction documents for the conversion of a residential property into a public park. WHEREAS, pursuant to the Professional Services Agreement provided by the City for professional general engineering and architectural services, City staff desires to engage Stantec Consulting Services, Inc. ("Stantec") for the development of professional construction documents related to the conversion of a recently purchased property located at 7435 SW 66 Avenue (14,810 SF) into a public park; and WHEREAS, Oty staff and Stantec have completed Phase I of the design process, which entailed survey reports, conceptual designs, and community input meetings; and WHEREAS, the proposal hereto, Phase II, is for professional construction documents related to the development of Ludlam Glades Park. The proposal entails a comprehensive environmental field and jurisdictional wetland review; detailed plans and specifications for landscape, hardscape, and site furnishing; engineering and structural design of the combo fishing pier and observation deck; permit plan submittal through the Oty's Building Department, Planning & Zoning Department, and Miami Dade DERM, Including DERM Class Ill Permit; and, bidding assistance; and WHEREAS, the total expenditure shall not exceed $67,150. The total expenditure in the amount of $67,150 shall be charged to account number 301-2000-572-6450, which has a balance of $899,635 before this request was made. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND OTY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA THAT: 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. 1 Section 2. The City Manager is authorized to procure services in the amount of $67,150 from Stantec Consulting Services, Inc. to complete phase II professional engineering and design construction documents for the conversion of a residential property into a public park. 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. Severablllty. 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. 1 14111 Res. No. 160-20-15600 Section 5. Effective Date. This resolution shall become effective immediately upon adoption by vote of the City Commission. PASSED AND ADOPTED this 17th day of November. 2020. ATTEST: APPROVED: \J \l~ crrvc&K~ READ AND APPROVED AS TO FORM: COMMISSION VOTE: LANGUAGE, LEGALITY AND Mayor Philips: EXECUTION THEREO Vice Mayor Welsh: Commissioner Harris: Commissioner Liebman: Commissioner Gil: 2 15112 RESOLUTION NO.: 160-20-15600 A Resolution authorizing the City Manager to procure services from Stantec Consulting Services, Inc. to complete phase II professional engineering and design construction documents for the conversion of a residential property into a public park. WHEREAS, pursuant to the Professional Services Agreement provided by the City for professional general engineering and architectural services, City staff desires to engage Stantec Consulting Services, Inc. ("Stantec") for the development of professional construction documents related to the conversion of a recently purchased property located at 7435 SW 66 Avenue (14,810 SF) into a public park; and WHEREAS, City staff and Stantec have completed Phase I of the design process, which entailed survey reports, conceptual designs, and community input meetings; and WHEREAS, the proposal hereto, Phase II, is for professional construction documents related to the development of Ludlam Glades Park. The proposal entails a comprehensive environmental field and jurisdictional wetland review; detailed plans and specifications for landscape, hardscape, and site furnishing; engineering and structural design ofthe combo fishing pier and observation deck; permit plan submittal through the City's Building Department, Planning & Zoning Department, and Miami Dade DERM, including DERM Class Ill Permit; and, bidding assistance; and WHEREAS, the total expenditure shall not exceed $67,150. The total expenditure in the amount of $67,150 shall be charged to account number 301-2000-572-6450, which has a balance of $899,635 before this request was made. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA THAT: 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. I Section 2. The City Manager is authorized to procure services in the amount of $67,150 from Stantec Consulting Services, Inc. to complete phase II professional engineering and design construction documents for the conversion of a residential property into a public park. 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. Severabillty. 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. 1 16113 Res. No. 160-20-15600 Section 5. Effective Date. This resolution shall become effective immediately upon adoption by vote of the City Commission. PASSED AND ADOPTED this 17th day of November, 2020. ATTEST: l } Dl¼ rnv 2kL ~ READ AND APPROVED AS TO FORM: LANGUAGE, LEGALITY AND EXE~:7£ CI ITTTTORNEY APPROVED: COMMISSION VOTE: Mayor Philips: Vice Mayor Welsh: Commissioner Harris: Commissioner Liebman: Commissioner Gil: 2 17114 City Commission Agenda Item Report Meeting Date: November 17 , 2020 Submitted by : Quentin Pough Submitting Department: Parks & Recreation Item Type : Resolut ion Agenda Section: Subject: Agenda Item No :3. A Resolution authoriz ing the City Manager to procure services from Stantec Consulting Services , Inc . to complete phase II professional engineering and design construction documents for the conversion of a residential property into a public park. 3/5 (City Manager-Parks & Recreation Dept.) Suggest ed Action: Attachments : Memo-New Park Phase II Construction Design .docx Re solution-New _Park_P hase _I I_ Constru cti on _Design CA rev .docx Proposal-Phase II Contract Documents.pdf Resolution #013-20-15453.pdf Stantec Professional Service Agreement.pdf 1 18115 T H E CITY OF PLEAS/\ fT LIVI G CITY OF SOUTH MIAMI OFFICE OF THE CITY MANAGER INTER-OFFICE MEMORANDUM To: The Honorable Mayor & Members of the City Commission FROM: Shari Kamali, City Manager Vi a: Quentin Pough, Director of Parks & Recreation DATE: November 17, 2020 SUBJEC T: A Resoluti on authorizing the City Manager to procure services from Stantec Consulting Services, Inc. to complete phase II professional enginee r in g and design construction documents for the conversion of a residential property into a public park. BACKGROUND: Pursuant to the Professional Serv ices Agreement provided by the city for profess iona l general engineering and architectural services, city staff desires to engage Stantec Consu lti ng Services, Inc. ("Stantec") for the development of professional construction documents related to the conversion of a recently purchased property located at 7435 SW 66 Avenue (14,810 SF) into a public park. EXPENSE: City staff an d Stantec have completed Phase I of the design process, which enta i led survey reports, conceptual designs, and community input meetings . Phase I allowed the City Commission and staff to listen and gather feedback from neighborhood residents about what park elements and features they desired at Ludlam Glades Park. Furthermore, Phase I also helped to determine applicable and reasonable professional design fees for Ph ase II of the design process. The proposal hereto, Phase 11, is for professional construction documents related to t he development of Ludlam Glades Park. The proposal entails a comprehensive environmenta l field and jurisdictional wetland review; detailed p la ns and specificat io ns for landscape, hardscape, and site furnishing; engineering and structural design of the combo fishing pier and obser vat ion dec k; permit plan submittal through the City's Building Department, Planning & Zoning Department, and Miami Dade DERM, including DERM Class Ill Permit; and, bidding assistance. Construction assistance services were eliminated from this proposal, saving the City roughly $3 2,000 dollars in consulting fees. Excluding t he permitting phase, the anticipated length of service for completin g final design construction documents is approximately 15 weeks commencing after the notice to proceed . Amount not to exceed $67,150. ') 19116 THE CITY OF PLEASANT LIVI 'G ACCOUNT: ATTACHMENTS: CITY OF SOUTH MIAMI OFFICE OF THE CITY MANAGER INTER-OFFICE MEMORANDUM The total expenditure in the amount of $67,150 shall be charged to account number 301-2000-572-6450, which has a balance of $899,635 before this request was made. Reso l ution Project Proposal Phase II -Stan tec Reso l ution #013-20 -15453 -Phas e I Design Professional Service Agreement -Stantec 3 20117 Stantec October 30, 2020 Revised November 5, 2020 City of South Miami Ponce de Leon Boulevard, Suite 900 Coral Gables , Florida 33134 Tel: (305) 445-2900 Parks & Recreation Department 58 00 SW 66th Street Miami, FL 33143 Main: (305) 668-3867 Attention: Mr. Quentin Pough, CPRP CPSI Director of Parks and Recreation Refer ence: Ludlam Glades Park -7435 SW 66 Ave City of South Miami, Florida Dear Mr . Pough: We are pl ease d to present this proposa l for professional engineering services. We understand that the City of South Miami would like to convert the recently purchased residential property located at 7435 SW 66th e (14,810 SF) into a public park. Stantec has performed the diligence and the conceptual plans for the a bove r ef renced project and is our understanding that the City of South Miami would like to proceed with fi nal design. SCO PE OF SERVICES : TASK 1 -Design Development Phase The chosen conceptual plan will b re fined and reviewed with the Parks & Recreation Department for confirmation on final design plans. During this process, ad dition a l items may be added to the design. It is a lso assumed that principles of CPTED and xeii caping should be included. Ensuring ADA accessibility and considerations for durabilit and ma intenance will be incorporated into the final concept plan. During this task a desktop environmental review of pertinent enviro nmental databases will b e reviewed to determin e potential n atural resource that may be in the project area. A comprehensive environment al field re view s hall be performed to deter mine the potential impacts involving construction on the e nvironment. T his will include a jurisdictional wetland review of the project area to determine the presence/absence and/or extent of jurisdictional wetlands on-site; a protected species urvey to determine the presence/absence of and/or utiliza ti on by any federal or state listed species. In addition , if determined necessary a benthic survey of the waterway will be performed to determine the presence/absence of protected marine resources. It is anticipated this comprehensive review could be accompli shed in one 8-hr fie ld day. The results of this field review will be documented in a report which hall be included in the a pplication packages to the jurisdictio nal agencie in vo h ·e d du.ring the permitting phase. This report will include re presentative photographs of the project area, maps documenting the location of the project area, exhibits documenting the aerial ext nt of any jurisdictional wetland resources in the vicinity, and exhibits documenting any other natural resources pertinent to the permit reviews An opinion of probable cost will a l o be included in this phase. Desi gn w ith communit y In mind 21118 November 5, 2020 Page 2 of 3 TASK 2 -Construction Documents Phase This phase will provide plans and specifications for the required improvements including tree disposition plan, landscaping, h ardscape, Furnishings Development drawings (in coord in ation with the City's Parks and Recreation Departm ent), grading, drainage, a nd structural design of the observation dock at the ca n al. One 50% design review meeting with the Parks and Recreation Department is anticipated ·within the Schedule. Stantec will select on e or two prefa bricated park she lters and review submittals during the construction phase as a contractor shop drawing. Shelters vvi ll include electrical power/outlets but no lighting. Site lighting design is not included as the park will be closed at sunset . An allowance of Ssoo has been included in this proposal for geotechnical recommendation for the new pile for the observation dock. TASK 3 -Permitting Phase Our services include plan submittal to the required permitting agencies (M iami Dade DERM, City of South Miami) for thei r review and approval. We will provide complete permit app li cations vvith all documentation pertaining to existing habitat and protected species utilization to supplement the permit applications , add ress agency comments and re-issue plans as required. Anticipated Environmental Permits: DERM Class III Permit: The Class III permit is needed for construction within non -tidal canals or areas under the direct control of Miami-Dade County, such as ca nal rights -of-way, canal main te nance easements and reserva tions. Th e consultant will respond to as many as two (2) rounds _of reasonable requests for additional information from each of the above referenced agencies regarding the app lic ation submittal packages. These services incl ude pre-application and coordination meetings vvith some of the agencies. Any significant p lan revis ions caused by changi ng age n cy criteria after our initial design is revie•Ned with each appropriate agency and similar factors outside the Consultant's control, additional meeti ng s or coordination will be considered as Additional Services. Application , review fees, and permit fees can be paid for from the S2,000 allowance. Any amounts in addition to the S2,000 wi ll be a City Responsibility. TASK 4 -Bidding Assistance Phase Bidding assistance services will be provided in this phase including preparing our documents for City advertisement and distribution, attending one pre-bid conference, answering RFI's. Exclusions: · • On-site or Off-site water and sewer upgrades or extensions. • Irrigation . • Lighting. • Bathroom/storage building • Change of zon in g or land use approvals Design with communl!y In mind 7 22119 Nove mber 5, 20 20 Page 3 of 3 • Asbestos sunrey • Traffic studies or traffic impac t s tatements • Boat ramp or launch . • Phased or separated bid packages Terms and Conditions: All terms and conditi ons s h all be per our Professional Service Agreement for Professional General Engineering and Architectural Servic es as au thorized by Resolution 060-17-14861. Our fees shall be as fo llows . Task 1 (Lump Sum) ....................................................................... $21,330 Task 2 (Lump Sum) ...................................................................... $28,650 Task 3 (Lump Sum) ....................................................................... $12,130 Task 4 (Lump Sum) ........................................................................ $2,540 Geotechnical for Piles recommendation .......................................... $500 Perntlt Fee Allowance (if needed) .................................................. $2,000 TOTAL: $67,150 We are ready to begin working on th is assignment upon your authorization to proceed. If acceptable to you , we will accept a signed copy of this form as your written authorization to proceed . Th a nk you , Stantec Consulting Services Inc. OnnC°F Sean Compe l, P.E., LEED AP , ENV SP Principal Tel: 305-4 45-2900 sean.comp el @stantec.com City of South Miami Approved by: Signatu re Print Na me V:\2156\active\2 156 0 0966\managcmcnt\Proposal Design l'hase\sout h_miami _Ludlam Glades l'ark De.sign phase.docx Des ig n with community in mind Date 8 23120 St a ntec Con s ultin g Services I nc. Fee Wor ks h eet -Pa ge 1 FEE W ORKS H EET DATE: 11 /5/2020 PROJECT: Ludlam Glades Pa rk Se ni o r Senior P roj ect Biol/LA/Engi E ngin eer Senior CAD Desiim Development Task 1 Princi pa l Man ager n eer Inte rn Tech Clerical Des ign Deve lo pment 4 24 6 0 Coordin at ion 3 4 Cost estim ate 2 4 4 Ob se rvation Deck Structu ral 4 6 Environm e ntal S urvey 8 18 Desktop Rev iew & Prepare B10Jog1caJ Report 4 16 Su b -Total H ours 4 45 40 8 64 0 Bill in g Ra te s 180.00 s 170.00 s 145.00 s 95.00 s 100 .00 s 45 .0 0 Labor Cost S720 S7,650 S5,800 S760 S6,400 So De s ifam Development Sub -Total: $21,330 Se nior Proj ect Se nior Engin eer Se nior CAD Construction Documents Task 2 Principal Ma nage r LA /Engineer Intern Tech Cl erical Project coord i nat ion 2 2 Landscape/hardscape I ncl udi ng t r ee disp osi t io n plan 3 18 60 Cove r s heet, Key S heet & n otes 2 2 3 Geometry 1 2 6 12 Drainage and Gradi ng 2 8 10 Obsen atio n Dock Des ign l 4 8 12 16 Elect rica l Design (pow r/outlet s) inclu d i ng F PL coordination 1 4 4 16 15 I Notes and Soecifications on plans 2 6 8 8 Quantities & Cost Estimat e 2 6 4 Su b-Total Hou rs 6 38 18 60 128 0 Billin g Rate s 180.00 $ 170.00 s 145.00 s 95 .00 s 100.00 $ 45.00 Labo r Co st S1,080 $6,460 s2,610 S5,700 S12,80 0 So Construction Documents Sub-Tota]: S28,650 Se nior Proj ect Se nior Bi ol/ Engine r Senior CAD Permit Assistance Phase Task 3 Pri n cipa l Manager LA/Engineer Intern Tech Cl erical DE RM P re-Appl Meet ing 2 4 4 DERM Subm ittal Meeting 2 4 8 Res ponse To DERM Comme nts 8 lln Ho use Pe rm it Meetmgs 2 8 Co mment s a nd revis io ns (2 S ubm itta ls) 6 2 16 30 Sub-Total Hours 6 14 26 20 30 0 Billi ng Rate s 180.00 s 170.00 s 145 .00 s 95.00 s 100.00 s 4 5 .00 Labor Co st S1 ,080 s2,380 S3,770 $1,900 S3,oo o So Pcmitting Phase Sub-Total: S12,130 24121 Sta tee Consulting Services Inc. Bidding Assistance Task 4 Principal Attend p re-bid conference Assist with answering questions Review b ids (not Includ ed) Pre-Aw a rd Co ordinatlon Sub-Total Ho urs 0 Billing Rate s 180.00 Labor Cost so Fee Worksheet -Page 2 Senior Project Senior Engineer Senior CAD s Manager LA/Engineer Intern Tech 2 4 4 6 2 2 8 0 4 8 170 .00 s 145.00 $ 95.00 s 100.00 S1,360 So S380 S800 Bidding Assistance Phase Sub-Total: Sub-Total All Services: Geotechnical for piles recommendation Pemit fee allowance/ e:\.'])Cnse allowance : Total Fee: $ Clerical 0 45.00 So $2,540 $500 $2,000 25122 Stantec 901 Ponce de Leon Boulevard, Suite 900 Coral Gables, Florida 33134 SCHEDULE OF WORK Task or Activity ID# 1.0 2.0 3.0 4.0 Ludlam Glades Park-7435 SW 66 Ave City of South Miami, Florida SCHEDULE OF WORK Duration Task Name and/or Activity Description (s p ecify weeks calen da r or worldna da11 s) Design DeYelopment Pha se 5Weeks Constructi on Documents Phase 10 We eks Permitting Phase Bidding Assistance Phase *One w e ek for City r e view V:\2 156 \octive\2 1560096 6\monogeme n t\Proposo l Design Ph o se\Shedu le.docx Projected Projected Start Date Finish Date • 12/01 /2020 01 /05/2021 01 /12/2021 03/23/2021 03/30/2021 11 26123 I I I I I ' I I I I V, ~ 0\ 0\ ,.... ~ )> < /1) :, C: /1) I , s· , 1gnage --+-~ \ Bike I ack & 4-------' \ Wate Fount in I I \ ' ' I I ' \ I I \ \ ·-- Existing Canopy Park Highl ig hts: Tot-Lot Basketball Half-Court Meandering Path Shelters Observation & Fishing Do c k Bike Rack & Water Founta i n ~-~,---Fence \ \ \ \ \ \ --=---Observation \.._ & Fishing Dock \ \ t;t>t-"~~---_.......--~-Se a ting (typ) 1---"i::~~-'"!:t--5 he It er ""''·.,.......·"' ··, .. ~~~ p) / SW 74th Terrace ---------------------- Stabilized Sod Signage Park Considerations: Play areas separated from waters edge Passive areas with views of water are retained Pocket lawn areas included for informal play In c ludes walkway tre llis and enhanced landscape In formal parking anticipated on-street Ludlam Glades Park -Concept 1.2 @ N.T.S. August 2020 12 27124 VENDOR: City of South Miami Division of Purchasing 6130 Sunset Drive South Mlam~ Florida 33143 Phone: 305-663-6339 Fax: 305-667-7806 Stantec Consulting Services inc. 13980 Collections Center Drive CHICAGO, IL 60693 PURCHASE ORDER NO. P0013913 DATE 01/28/20 DELIVER TO: SEND INVOICE TO: City of South Miami Division of Purchasing 6130 SID'lset Drive Flarllla la Exempllan No. 2M9-32t 111111 IIC Federal ID Numllor li!MiCIOO-Q1 South Miami, Florida 33143 Pllylmnl:Temls Ill UClll1lllnC8 wlUI FL tifmll scarure o 211.1:1 Req,# Vendor# IShlpVla Department PR003303 0090248 Confirming confirmed to Terms 'Date Required Oves 0 no QUANTITY PARTNO. DESCRIPTION UNITPRICE EXTENDED PRICE 1 stantec to conduct survey reports, 25,400.00 25,400.00 design and community input meetings: related to conversion of residential property into a public park ' I TOTAL 25,400.00 ACCOUNT NO. I AMOUNT 3012000 5726450 25,400.00 ft~·/ P.O.Approval ---,,...~......;:=--==-""--'"'-'F'---~~---- 7 Pun:ha ng Manager 28125 RESOLUTION NO.: 013-20-15453 A Resolution authorizing the City Manager to negotiate and to pay Stantec Consulting Services, Inc. to conduct survey reports, concept~al designs, and community input meetings related to the conversion of a residential property Into a public park. WHEREAS, pursuant to the Professional Services Agreement provided by the City for professional general engineering and architectural services, City staff desires to engage Stantec to conduct survey reports, conceptual designs and community input meetings related to the conversion of a recently purchased property located at 7435 SW 66 Avenue (14,810 SF) Into a public park; and WHEREAS, at the last City Commission meeting held on Tuesday, January 7, 2020, staff had recommended a proposal that included jurisdictional wetland review, survey of waterway, and costs related to the design and permitting of a floating dock/ramp for non-motorized boat operators. Due to the original proposal's work scope, service fees and other factors, the City Commission deferred the Item and directed staff to explore alternative options; and WHEREAS, the attached revised proposal directs Stantec to conduct survey reports, conceptual designs, and coordinate community input meetings only. This option allows the City Commission and staff to clearly define which park elements and features are desired by city residents, as well as determine applicable and reasonable professional design fees for future services related to this project; and WHEREAS, once these phases are complete, Including the Input from community residents and Identification of park elements and features, staff will submit a new proposal for City Commission review pertaining to project management and permit coordination with City of South Miami and Miami-Dade County Department of Regulatory and Economic Resources (DRER); specs and bid package preparation, final signed and sealed construction documents, anticipated/preliminary construction costs, as well as post assistance with pre-bid conference(s) and construction administration services; and WHEREAS, the total expenditure shall not exceed $25,400. The total expenditure in the amount of $25,400 shall be charged to account number 301-2000-572-6450, which has a balance of $821,678 before this request was made. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA THAT: Section 1: The aty Manager Is authorized to negotiate and to pay Stantec Consulting Services, Inc to conduct survey reports, conceptual designs and community input meetings related to the conversion of a residential property into a public park In accordance with the scope of the work outlined In the recitals to this resolution for an amount not to exceed $25,000. 1 29126 Resolution No.013-20-15453 Section 2: 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 rema i ning portions of this resolution. Section 3: This resolution shall become effective immediately upon adoption. PASSED AND ADOPTED this 21 st day of Janu ary, 2020. ATTEST: READ AN ~ ON APPROVED: OUfl[J)JJ/ A COMMISSION VOTE: Mayor Stoddard Vice Mayor Harris Commissioner Gil 5-0 Yea Yea Yea Commissioner Liebman Yea Commissioner Welsh Yea 2 30127 City Com m ission Agenda Item Repo rt Meeting Date: January 21 , 2020 Su bmitted by: Quentin Pough &lbmitting Department: Parks & Recreati on l'tem Type: Resolution enda Section : bject Agenda Item No:2. Resolution authorizing the City Mana ger to negotiate and to pay Stantec Consulting Services, Inc. to conduct survey reports, conceptual desi gn s, an d co mm unity input meetings related to the conversion of a residential p operty into a public park_ 3/5 (City Manag er-Pa rks & Recreation Dept.) S ggested Action: chments: emo-New Park Construction Design .do cx R so-New_Park_Construction _Design_Opt ion_2_CArev1.docx •oposal -Ludlum Glades Park (option #2).pdf S ntec Professiona l Service Agreement.p df P opertv Boundary Survey .pdf 1 31128 Southr,Jiami THE crTY Of PLEASANT UVINCi OTY OF SOUTH MIAMI OFFICE OF THE QTY MANAGER INTER-OFFICE MEMORANDUM To: The Honorable Mayor & Members of the City Commission FROM: Steven Alexander, Oty Manager Via: Quentin Pough, Director of Parks & Recreation DATE! January 21, 2020 Su1111a: . A Resolution authorizing the Oty Manager to instruct and to pay Stantec to conduct survey reports, conceptual designs, and community input meetinp related to the conversion of a residential property into a public park. IACKGROUND: Pursuant to the Professtonal Services Agreement provided by the city for professional general engineering and architectural services, city staff desires to engage Stantec to conduct survey reports, conceptual designs and community input meetings related to the conversion of a recently purchased property located at 7435 SW 66 Avenue (14,810 SF) into a public park. At the last City Commission meeting held on Tuesday, January 7, 2020, staff recommended a proposal that Included jurisdictional wetland review, survey of waterway, and costs related to the design and permitting of a floating dock/ramp for non-motorized boat operators. Due to the Initial proposars work scope, service fees and other factors, the City Commission deferred the Item and directed staff to present an alternate proposal. The attached revised proposal directs Stantec to conduct survey reports, conceptual designs, and coordinate community input meetings only. This option allows the City Commission and staff to clearly define which park elements and features are desired by city residents, as well as determine applicable and reasonable professional design fees for future services related to this project. Once these phases are complete, Including the input from community residents and identification of park elements and features, staff will submit a new proposal for City Commission review pertaining to project management and permit coordination with City of South Miami and Miami-Dade County Department of Regulatory and Economic Resources (DRER); specs and bid package preparation, final signed and sealed 2 construction documents, anticlpated/prellmlnary construction costs, as well as post assistance with pre-bid conference(s) and construction administration services. 17 32129 South'1Jiami THE CITY Of PtEASAr..T LIVING ExPENSE: ACCOUNT: A1TAOIMEN1S: CITY OF SOUTH MIAMI OFFICE OF THE CITY MANAGER INTER-OFFla MEMORANDUM The anticipated length of service for this project is 3-4 months commencing after the notice to proceed. Amount not to exceed $25,400. The total expenditure in the amount of $25,400 shall be charged to account number 301-2000-572-6450, which has·a balance of $821,678 before this request was made. Resolution Project Proposal -Stantec Professional Service Agreement-Stantec Property Boundary Survey 3 1Q 33130 ()stantec January 10, 2020 a11 of South Miami Ponce da Leon Boulevard. Slllte 900 Coral Gables. Rodda 33134 Toi: (305) 445-2900 Pules& Remeation Department 5800 SW 66111 Street Miami,PL33L13 Main: (3os) 668-3867 Atlelltiom Mr. Quentin Pough, CPRP, CPSI Director of Para am1 Beerealion Beferenee:Lucllam Glades Park-7435SW 66Ave Qty of South Miami, Jl'loricla Dear Mr. Poughs We are pleased to present this proposal for professional engineering services. We understand that the aty of South Miami would like to convert the recently purchased residential property located at 7435 SW 66111 Ave (14,810 SP) into a pub1icpark. We a1so understand that the City has included construction funds under Piseal Year 2020/2021 and therefore would lib to bid the project in October 2020. ,&mPBQfSBRY!Cflb TASK 1-Dpe DlliaeNe Pboen Consultant shall review existing documents such as as-built drawings. property records, permit history and City of South Miami information to serve as a benchmark for existing site eonditlons. Any documentation regarding the pmperty that is available to the aty shall be submitted to us for review of that data. We will obtain a topOgraphlc and tree survey of the project area and a geotechnical report for use in our design. See attached sub-consultant proposa)s. TASK.2-0mrermeJ Pffiisn lhM!" Up to three conceptual design plans for the development of the Ludlum Glades Park will be prepared for use at two public input sessions. Conceptual plans will be based on the site survey, including general topograpblc information and tree locations. High qua1l1y trees will be retained within the conceptual designs; however, it is assumed all existing structures will be removed or rep1aced. Conceptual design plans will be for illustrative purposes only and wDl convey anticipated uses. Based on conversations with the City, possible suggested park items include the following: • Half-court basketball court • Pavilion(&) • Tot-lot • Sidewalks • LandscapeAreas TASK3 -Cernmnplty lgJmt Me,;tfpp 2R Quwee!ppl Denim"''"' Following completion of the conceptual designs. Stantec will boat two public input meetings for comrnuniv review. These will be held at a location determined by the Parks and Recreation Department. It is Design with community in rnin,j 6 34131 January 10, 2020 Page2 of2 understood that the·Department will provide public notification to neighborhoods SUITOunding the park project and will be responsible for costs associated with any meeting venue fees or equipment usage. Public input meetings will be informal; however, they will gather written comments amlf or a project survey to formalize community feedback. Prior to the meetings, illustrations and any survey forms will be provided to the Department for distribution to residents that may be unable to attend the public meetings. A s11mmmy of each meeting and overall results/feedback will be provided to the Department prior to completing the Design Development Phase. Any significant plan revisions caused by changing agency criteria after our initial design is reviewed with each appropriate agency and similar factors outside the Consultant's control, additional meetings or coordination will be considered as Additional Senices. Exclaslons; • Change of 7.0ning or land use approvals • Asbestos survey • Traffic studies or traffic impact statements Terms and Condltionss All terms and conditions shall be per our Professional Service Agreement for Professional General Engineering and Architectural Services as authorlzed by Resolution 060-17-14861. Our fees shall be as follows. Task 1 (Lump Sum) ••••••••••••••••••••••••••••••••••••••••••••••••••••••·•"••••• ... ••••• $11,705 Tuk 2 (Lump Sum) ........................................................................ $9,695 Task 3 (Lum. Sum) ................................ " .................................... " .. $3,4.00 Rebnbursables (presentation boards ifneeded) .............................. $600 TOTAL: $25,400 We are ready to begin working on this assignment upon your authorization to proceed. If acceptable to you, we w:iD accapt: a signed copy of this form as.your written authorization to proceed. Thankyou, Sbmtec Consulting Services Inc. GJant,~ Sean Compel, P .E., LEED AP, ENV SP Senior Associate Tel: 305-445-2900 sean.compel@stantec.com City of South Miami Approved by: Signature Print Name Date ~1119ai,afblbllllml\llldlllm&ladapadl\Op1ilm:I\Dllb m!md lmrl=sGl&daPalOpllalladoa Di'!ign with curn-nur,il ( ,n mi,i::t 7 35132 Sl:mtec Consulting Services Inc. Fee Workshe et -Page 1 FEE\'\ ORKSHEF.T DATE: 8-Jan-20 PROJECT: Ludlum Glades Park Senior Senior Project Biol/LA/Engi Engineer Senior CAD Due Diligence -Task 1 Principal Manager neer Intern Tech Clerical Site visit mid photo log 2 2 Site investigation and review of existing asbuilts 2 8 Environmrntal Surver Desk-top R,!,·icw & Prepore Biologicol Report Sub-Total Hours 0 4 0 10 0 0 Billing Rate s 180 .00 s 170.00 s 145 .00 s 95.00 s 100 .00 s 45.00 L3bor Cost so S680 So s9so so So Due Diligence Phase Sub-Total: S1,630 Gcotcchnical: S2,27s Survey: S7,800 Due Diligence Total: S11,7os Conceptual Design Ph&Be -Task Senior Project Senior Engineer Senior CAD 2 Princinal Manaj!;er WEnltineer Intern Tech Clerical Conce pt ual Design Phase -Public In ou t 4 8 15 40 4 General C1ordination & Management 4 4 Sub-Total Hours 4 12 19 0 40 4 Billing Rate s 180.00 s 170.00 s 145 .00 s 95.00 s 100.00 s 45.00 Labor Cost S720 s2.040 S2,755 so S4,ooo S180 Conccotu al DcsiP.n Phase Sub-Total: $9.695 Senior Project Senior Engineer Senior CAD Community Meeting Task 3 Principal Manager LA/Engineer Intern Tech Clerical Pre paration & Attend ance 8 0 8 4 General Coordinat ion & Management ,, 4 Sub-Total Hours 0 4 12 0 8 4 Billing Rate s 180.00 s 170 .00 s 145 .00 s 95 .00 s 10 0.00 s 45.00 Labor Co st So S68o S1 ,740 So S800 S180 Comrnunil"\· l\lecting Sub-Total: S:3,400 Sub-Total All Services: S24,800 Rc imbursablcs (Presentations Board) S600 Total Fee: S:.?S 400 8 ?1 36133 June 4, 2019 Nutting E - ol Florida Inc. I b1,1b ll shcd 196 7 You, Projecr is Our CommI1men1 Mr. Car los Herdocia, PE 901 Ponce de Leon Boulevard/ Ste. 900 Co ral Gables, FL 33134 Phone: 305.44S.2900 Cell: 786.502.0701 Email: carlos.herdoc ia@stantec.com Re: Proposal fo r Geotechnical Exploration Services Proposed Ci ty of South M i ami Pa rk 7435 SW 661h Avenue South M iami, FL 33143 Dear Mr. Herdocia: Geotechn1cal & Cons1ruc1ion Materials Eng1neenng, Test ing , & Inspection Environmental Se r\1ces OH 1ces throu ghou t the stale ol Flort da www.nu1tingeng1neers .com in fo @n utling en gin ee rs com Miami Dade County Tier 2 CBE Palm Beach County SBE SFWMDSBE Small Business Administration SBE for Federal Projects Nutti ng Engineers of Florida, Inc. (NE) is pleased to present this proposa l for performing geotechnlcal exploration services for the refere ced project. Per your ema il date d November 14, 20 19 and rev i ew of the site plan provided, we understand that plans for this project include construct ion of a new gazebo, new restroom build ing, and boat ramp at the referenced site. Based on your request for proposa l and our understanding of th e project, we propose the followin g scope of work and fee schedule . SCOPE OF WORK We propose to pe r form one Standard Pe netrati on Test (SPT) bo rin g in genera l acco rdance with ASTM D-1586 spec i fications to a depth of 25 feet in t he area of the proposed constructi on . Additionally, we propose to perform one South Florida Water Management District (SFWMD) usual type ope n-hol e exfiltration test o a depth of 15 feet in an effort to me asur e the hydrau li c conduct ivity of the existing soil s at specific test lo cat ions for site drainage evaluat ion by others. The proposed tests will be perfo med at locations identified by 5 antec personnel. At the complet ion of the on-site work, t e soil samples will be returned to our laboratory. We wi ll provide an eng i neering report including a description of our fi ndings and general si te preparation and foundation design recommendations for support of the proposed structures. In orde r to provide in formation conc~rn i ng the engineering properties of the soils encounte r ed, it is anticipated that tests may be perform ed to determ ine natura l water content, organic content, and sieve analysis on representative so il samples collected from the site . The engine ering report will include graph ic logs of the test bor ings and a test boring location plan . We ass ume the site Is accessible to truck mounted drilling equipment and that underground utilities wi ll be cleared by others prior to our pe r forming the on -site work . 205 1 NW 1121h AVENUE, STE. 126 • MIAMI, FLORIDA 33172 · .30S-824-0060 · FAX .305-824-8827 St. Lucie 772 -408 -10S0 • Broward 954 -941 -8700 -Palm Beac h 561 -736 -4900 9 37134 Stantec Proposed City of South Miami Park 7435 SW 6t;1h Avenue. South Miami. FL Poge2of4 FEE SCHEDULE The above indicated scope of work will be pe r formed for an estimated cost of $2,275 .00 based on the following rates and qua ntities: Tech nician site visit , utility clearance Mobiliz.ation o f equipment/ crew SP-:-borings• (truck mounted dr i ll rig) Casi ng SFW MD exflltratlon test Proj ect Engi n eer Prin cipa l Eng ineer Cl e ·ical/ Adm i nistration Lump Sum 1 @ $350 .00 Lump Sum lump Sum Lu m p Sum Lu m p Sum Lump Su m Lump Sum $100.00 $350.00 $400.00 $100.00 $400.00 $750.00 $125.00 $SO.OD W e anticipate being able to begin this work w i thin approximately two business days of receiving written authorization to proceed . The on-site work should take one business day to complete. The test report should be available w ithin app roximate ly 12 -15 business days after the on -site work i s completed . NE has been offering geotechnica l engineering, environmental sc i ences, materials testing, and structural inspection serv ices for SO years i n South Florida and the Treasure Coast duri ng which t i me we have worked on many similar projects . Our com mitment to practical, cost effective solutions supported by responsive client services distinguishes our firm and enables us ~o solve your most demanding technical challenges. Another value added component NE brings to your project is our staff of experienced professionals includi ng geotechnical eng i neers, env i ronmental spec i alists, field personnel who are certi fied c:nd have been trained to provi de a wide range of consulting servi ces, and our dedi cated admi nistrative staff. Ou r laboratory is checked annually by the Construct ion Materials Eng ineering Council (CMEC) and is certified to perform geo technical eng i neering and material s test i ng services for the Florida Department of Transportation (FDOT). Note that we car ry one million dollar professional liability and o ne million dollar general l iab i lity insurance . Tha nk you for providing us the opportunity t o present this proposal. We look forward to worki ng with you on th is and f uture projects. Re5 pectfully submitted, NUTTING ENGINEERS OF FLORIDA, INC. Scott E rs land Dil,ision Manager Adrian Ramirez Eng i neering Intern Rep orts and invoices w i ll be addressed to the cl ient as li sted below unl ess other in structions are prov ided in wri ti ng with this exe cuted proposal. The undersigned , as an authorized representative of the entity listed be low, approves this proposa l and agr ees to be bound by the terms and condi t ions contained in this proposal. Deposit amounts are collected at time of written au-:horization t o proceed. If you are a first t ime cl ient, we request that the balance due for these services be paid at the t ime o r report completion . Once your account is established, our terms are net 30 days . Any invoices over 30 days will be assessed a 1 1/2 percent service charge per month unti l paid i n fu ll. 2051 NW 112th AVENUE · MIAMI, FLORIDA 33172 · 305-824-0D60 · FAX 3D5-824-8827 St . Lucie 772-408-1050 · Broward 954-941-8700 · Palm Beach 561·736-4900 10 23 38135 Stantec Proposed City of South Miomf Park 7435 SW 6t;fh Avenue, South Miami, FL Page 3 o/4 PLE ASE ENTER INFORMATION LEGIBLY BE LOW SO IT CAN BE UTILIZED FOR PRO JECT SET-UP: SIGNATU RE: _________________ DATE: ___________ _ PRINT NAM E: ____________________ TITLE: __________ _ COMPAN Y NAME : ____________________________ _ AD DRES S: ________________________________ _ PHON E: __________________ FAX : _______________ _ EM A I L: ___________________________________ _ Gcne:rolTerm~ i,nd Co,iditlol'\J. Fa .. t h .. purpc,e of lh15 pro;f(\. thC' ilddrmct ot th.ts prcpc RI ""'" bt ktiawTt u U'lc Client The ch,.nt IS '•'O«ltd to h.un1\h t:UTIING ENG 1NE{RS OF FLORI DA.. INC 1·uc). WtU\ i1tcU~te mformatkm mdud Jng sketch or .survey an-d/or si te plan. -eonslrucilcn drilw 1ni:J,lspK1ret.11to ns ilS ilppropualo, dftilils of propost"d conurut1 on uu::l ud 111 e lhf propou~d structural system .1nd lc..>d.s o r e.nstine co nsuuttJc:,n prob lem in formation and .s ite acces.sib1hy Jnfo,m,:tt ion iU ilpprop na tc.. Other In format ion req uire ments m1v be dewil cd 1n thr encb.1t"d pro;iosal ff ANY CONOmONS CHANGE such .ais bu1tdlne: layout. lo~uJ,ne,. p1ojcc:1 sptctftti1t0ns/dt1ten. or tmu:su:I sile «tnd111ons ruo obsorvc :t NE sn0uld be notifi~d 1rnr.,(l,dQtely in wt111ng about the ch,ng~d condthon far pos sible revie w and commen L Shcu1d the Cli r nl wish 10 im po" other c:ond1 t i om a nd rr-quur:me-nts bcyo11d lhosc cnnt.:i \n cd In 1h11 p,opos;al suc-h n in a 1eparatc- cun tr~ct v,c reserve the cp ticn to modify contrac:.t la.ogu~ec ~ f'ee amouou, 10 re-move aur p10p0 si1l f om cons1dNdllon or oth er me.a..su ,rs as ,nay be ind ita ttd Derlvery -Sc;he,dult"d upon receipt or w,11 1r-n ;uthom.:.11on 10 proc;ecd :i>nd d~poSit un'9n 01h e, a,,-ansemc-flt:. ~re i)£tte-d to In vmtinc Addniof!ill1 t cpon cop,,s can b t proL11ded fo r ii nomm:11 ree to the Client. NE win ru rc:U e app1op ri3 1e mr,uures. t-o en,ure proJl'C ' completion w 11hm ;J 1cawnablr llmt fr..1me subJttl 10 cs.1st lng wruklc.ad,. How~ver, NE will not be held resp oruibte for unava,llbiliN o f nec.tj,Mi,V projtcl dai to iiU"ld ,itc artcss w1tr:11 the 1111\t" fr.ime ag,rcd up011 ror the mve.n1£:i t1on. P•O Jc<-1 d,ll\-cry ml!-\' be de layed 1f t he OOIRE 51gr,cd p rop osal and dcpos.11 a rt-not r«Plvt:d in a tnncty manne r. ~ ENTIRE. s:1anrd QUO titian Should be-re1urned along \.-Wth the s-tqUCS.liPd project tntorm~t10n, Thu uruizn d prooos,I fs v.l1d for 50 days. P,avmtnl ~ Na dc.-t:olll rei.Wfed w .Mo"ird ltrttmml O ,~ NE ta pra.cee:d wjth the work 1hal con-st,tulc-acce;:itrncr of lbe 'terms or tff'i proposa l ind lhes.c Gl!'ntt:11 Trirm :md CC11d1trons.. Babnce due-t.:;,on de~ ar rr;:on.. ll\tc;,et a t t.,entc cf 1B~ per arin_u or 1ht' hgl--Mt r~tt a ~bl~ t:v ~wwhttht'\'CT is Its,, • .,,,1 b~ addc-c! to an ir:tounu r.ot &i l!ij wu ·n .3D d.Jy.s attcf d.11c cf iriYOice. AfJa a crnC"; reciand erpen~cs .auocrJited w,th coBetllon or po1 .u due n-.'0cesw,:J be: p;ud by CbenL ln suranc.c -NE maintains workcn: Comp11ms.,110n ;,nd Emplo\tl's U1lb 1t,rv Insurance In con f01m anr t woh \lollt' ,_,..,.,, In ad d uon, ~..,,: mlln:aln (Gmprtf"i cnsr.iP Gtnrr.1J lrnb 1b tv 1nsur.1nrc ilnd AulOmabl lt Wbi hr, lns.i.,ra ncc wHh bodily injury IJm,u of Sl,D00,000.00 ond p1opc·tv d am1ac limits or Sl,000,000.00. I, certmc.a te cf in surilncc t'~n bt s upp li ed cviden,,ng svth ccvc-1;,ec which c.onto1iru .J ctausl!' prav.dmg th al f1rtcen days wri tt en notlC.e be:: cluf'n pre, to n:nce1J,111on. fll&h t-Of•Entrv • Un!H , othor,•mo oeroed, Clt!nl w1U lumish uah1-ol•on 1rv on tlto p10por1v 101 ur to make the pbnntd bc'll1£', survov,, ~nd/01 oxplD ~ti:,m_ NE" not be •e1 ;,cn;,bte fu, ,e.m.cvlff.l ftnte:.s. tanh be ms . vcgc l illlten or cthtr o~~trucu:ns re, outposts. or cut invs•:1 1,g.a i-on HE ,viii iakr rt1~:1r PJC'QU1t:JIU u, rn1.n"miu,: ~&C! to the p,o;,cr:y nu-lre'-d by 1ts cq uipm1mt iilnd Sllmphng proctdurts. but ht tost e r 1(':5tO1i H::>l'\ or d~m.1ee \\hieh m1 ,~un l'ro:n the p~nn11d opcr.at:nn1, n fUl.1 incll:df'd an the c lr.lttf'd ;;un:t-.Jnt. If Cl:t-nt dt-s n le r<'!:lorr 1he-propt!rty to its former co nd1uon , f1E wm acc:,mplhh th ~s and .ldd the cou ta ru ft't' Client aarcH ta warvc ad dams. .iming from er relalcd to tne failure to provFde NE wnt, proper accos 10cor.duc.t luwor DJm~gr to Exlst lne M:m-milde, ObJKUi • 11 shaM be 1hc rcspoMati'-.tY ol lht O"Ynt!f o, h11 rfu, ilLtrumztd tCFrl's.tnli>I t lo tliu:l=s~ lhe pras.anct .ind ac.cu~tr l:xa:.t on of all hidden or c:bs.c.u re man-1md e abjects rebtrvc ta r.;)Ut.e.s: al a:cccu, fietn 11!:SU. s..1.mp £. or bonria lo:.1t,o,s. When c.1w,o~cd, .1dvurd or elven d.ita: in wnttn6 ~t re~I the ozcsence or pole,,t I EHc:i.cl".:c of undc-rgro,;nd o rcve,-gro:..md obSU"JC.LCf\s. such a:t 1..tiiCic.s. ~otc um~ t:~. lff w1tl t "-'t ictciiill Ln1-UUtl)()."IS ta ,u racld pc,sonnel In .idd1ti::n. Cttn1 w11vt1-a.•w c:\Jim apmst m. amine. from damt:a<' to existir,g man-rr..1de o'b}K u . Warranty gnd Uml~tlon cl Ll~blllry ~ t~E 1h~I I pC!rfarm se Mce:;. ro• Chrnt 1n il prof1•n1Cnill man ner, t,mnc 1h.ll degree of care ano skin 0rd1n1mly CllC'tc1s.ed by and consistent .... uh th e stand nrd s. of competent ccnsultnnu pr;1cl icing In the so1mc o r .i slmllar loca llt y :u the proJM\ In the evcnl ;my port io n of lh c: sc-rv,ccs foils to comply wrth lhil Wilrr.t ntv obhBiltion an d NE I) promp&ly natJ'1cd Jn wr,tln c ~lo; 10 ant YGr zil tcr c01nplt 1.o1 of s:utJ1 poti10r1 ol tho ttt\•.tN, NE 1..-,m te•pc rlom, iiuch port\on ol the senrttn. o r if rc-pcrform.Jnce ts 1mpractii:.iblo, rlE wm rcfo nd U,e .1rr.ou nt of compe:1,:1110n ~kt to NE ror such pa of tht :.N'\1.C.t"S.. Thi; w11r nty Ism ~eu al ,11101hcr w,1 1ra rEiei . No ot h er wHranty, e~r~sscd or 1rr.phcd~ In duding \vituan iie, c;.f me,chant1biltrv ar.d rrtnru for a parucui.r purpost' is made or U'ltcnded by the p;;;ic~I far ,c iull1ng ~c.t'V'.ces. by h.i1111shir.& an cral •ci~n,e-cf lh, findings: made 01 by ~nv r~p 1esen:.a 1,0M mid't regi1rd1t1a t he it c.ts ndudtd in thtJ 11rttrntn In no tveM sh.II N( ct -any or 1u. p:0feut0n11 employees. be ,.~blc ro, any spKQl 1ndue-ct.. inc.,:d~nt.11 0/ cr:.i:ea uonu.1l 1Dn or d•m•li~ lnclu d • bu 1 not l1m,1ed lo 1mi:ac;1 and do'•v c ,m, Th• rtmod,e, sol lonh llt•em 111• nz:lu and th< total ~•bj1ty ol canw,tanl wn<e thcr rn cx:nlr.lCI, Ion (1ntluding n"1!)oa•n <• 1vhtlh<!r ,010 or concu rrent), o olhL"""•~• ausin~ out ol, c0nnt<11!d '"'her rc,ulllnc fr om the ,l:f\,c~ p10\-ldod oo r>11&n t 10 thb :,ii,ccrront ~h~II not cuood the tot•I fee< pold by Clien t o r $50,000.00. whi::hevor ~ gr oater. At ad:,ti~n•I cos I. Cl ont m-.y obta., a rughcr "1NI p,01 toiommcf\tcmon t or = PURSUANT TO §558.0035, FLORIDA STATUTES, NE'S INDIVIDUAL EMPLOYEES AND/OR AGENTS MAY NOT BE HELD INDIV IDUALLY LIABLE FOR NEGLIG ENCE ARIS ING OUT OF, CONNECTED W ITH, OR RES ULTING FR O M TH EIR SE RVICES PROVIDED PURSUANT TO THIS AGRE EMENT. tiia'trn ntflcn.ion -Cl~t 1grte1 to dc'fen:d. mdcmn1rv 1md save h1rm!cu H[ from ,ell o:ums. mckn:a.,E Ol'filieritc cJ1 •rr~ suits. los1 c ~. oe:wnal .,1ur1c:). duth ~nd property ha b uty resulUT'li fram NE "s perlarm.1nte of v,, p:0:,01ed 'WOr • whethC1 .suth daim s o• d.:inugt-i ;,re cowse-d m p;ltt b', UE. .;and .ttre-cs ta reimbu,~ NE for Cl.,Pense:s m coMMtfCn -...,nh dnf SuU1 c.la1 ms or suit). ,nc\,;dne, re1Jo1ub!c-a1torne(1, r,1t1, Cll cnt'J cbL£~ti.on t o 1'\demn11v G hmned ta S.i m~li 0n per occurrence, whi:h Clian: ->S,rC!CS bL'011i II rraloonab tommrmJ!rclat10n\h1p to the Work undcrt.Jkcm bv NE . Cl,rnt further i)gre-ei tha t tht'.H! 6,1!'1'letal cond itions ,1,e a p.:irt ot the Work's sper10cou 0n1, or bid docu mcnu, ,1 any 20S1 NW 112th AV ENUE · M I AMI, FLO RI DA 33 172 · 305 -824-0060 · FAX 305-824-8827 St . Lucie 772-408-105 0 · Broward 954 -941-8700 · Pa lm Beach 56 1-736-490 0 11 ,.., ... • 39136 Stantec Proposed City of South Miami Pork 7435 SW 66'h Avenue, South Miami, FL Poge 4o/4 ~m pD.nc or Ten.Ins Loc:atlon -Unlcn ,prci'ficalty sllted to lhe contrary, the unit fco inc luded in th b propo~I do not Include cons aJ.SOC'.Yted with prcfcu1onal land surveyinJ orlhc site ot th e a:rurate hori10nb.l 1nd venic:~I IOc:Jtions of tcst..s . fi~ki tests or b0tina loution.s dtseri bcd in our repor1 o r shown on our sketches are ~.sed on specific infomution fumh h~ to us by othr ~ and/or utlrnatrs made in the field by our ttthnklinL Such dimensions. deplhs or elcvationJ should be consifered u ;appro•M'llilions un less. 01herwiu sated ln lhe-rrpon. It is urc..-slood that 111 dtlU,ng lontlo,u are acc.,..lblc lo convt ntion•I truck mounltd d rillir1 e •quipmtnl unless otherwise specified by the cnent. tr unKheduled remobalzotioru or u,e al ~b le or all tcrr.ain equjpment is r~uired addilio~I ch:arB,cs w~I apply. NE wi!I a.tttmpt 10 clc.lr utili ties .it our cJtta~tian/tcsl loca ti ons by manua l dri!lrn& to 3' beJow land surf1cc (BlS). Ar:y uolnie.s/obs.'U\lctk>ns pruent at clJ ent spKlr1td tut locations or bc&c,,.t., 3' 8L5 w,11 bt the rc.spcnsib il rty or the cbt nL Sample Handltn1 and Retentlon -Generally soil tut s,imples are rotaln•d fo r approlfmat cly three month, after w hich time th ey w UI bo discarded unleu wnnen Instruction, to the, ccnt11r,, a re r~ivcd from the cli ent l epl JurlsdlctJon • The parties agree that omy acl ioru broushl to enforce any proVUlon cf thi1 Aerceme.nt shall onty be brcushl ln .1 court of compclc.nt jurisd lc1 ion located in Palm Beith Cet.:r t;v, Flonda . Any ind all catn:c.s of action aris ing out of NE's pertormanct or U'lt Worlt., nclud,ng but "01 Um itcd to cla lm, for Indemnity, conu"i bulion and equitabl t> subroption, sha U be det:mod to havt accrued and the applcable statutes of llm ir.tlons ,hall commence 10 run net later than the ~t• or NE's last lnvoico lot the Werle perfotmed hereund,r. knle Mil)eure • NE shall not be held re,po,uible for any dolly o r !allu re In performan<e or any~" or this Aarc,ment to the eitent SI/Ch detoyor fa Uuro Is caused by foe, floorf, explo,lo n, w1 r. ~tnke, ernb1rs,o. government re.q uitement, avil o r mUit:ary authority, acts or God, act or orr.issim of subcontr;ctors. carricn. chent or other slll'~r QU.seJ beyond its co ntrol e>oa,mtnts • NE sha W be entitled to roly upon th• accu,xy and a,mpletencn or all su,-s, ,.ports •nd ln l0<m1tion fumbhed by the dienl tt cond ,tioru d 1rlttent from those des<n bcd ., 0\1' re port ilre found ;,t 1he sJtr; NE sho uld be notlfied In wtklna lmmedlarcly upon discovery. NE rts.t rves the naht to revise co nclus k,ns .and r~ommcndat1oru pres ented in UH! f~J rcpon sho-'d addltion1I inform•tlon rog;,rdlng the pro)e<t become avo lloblo. All permits w nt be obi.Din ed byothm unlos otherwise ,peclf,ed in t his pn,posal er in writing lo NE . NE has no habt'li ty ro r a:nsequentes of lnrormiltlon not provided or unav.a \lable or oth~be not rcv;ewed or known from the not milt sou re.es custom;ar ll v e xamin ed by NE In such inve:stig;:itlon s within lhc tm'IC fra ff'IC allowed for th is 1n \tcs\iptlon under lhis agreement Th~ d lrnl enli1 1cs ld~tJr~d 11'1 w,tUng on tlit add,r.ss portion or our rrpc,n, design team profeuionals engaged by our cllcnl and b u1~ ing otr,dal s·tatf arc entitled to use ilnd rety upon NE'S ttports far pu,po1cs of the current proje-cl other parties. are not author iz ed to usr or rety upon NE'S reporu unle.ll NE so >talcs tn W'"l h-£ NE. General Co n troct Tt<m• and Conditio n, M•V 201 7 2051 NW 112th AVENUE · MIAMI, FLORIDA 33172 • 305-824-0060 · FAX 305-824·8827 St . Lucie 772-408-1050 · Broward 954-941-8700 • Palm Beach 561 -736-4900 12 25 40137 LON G ITU D E SURVEYORS -------------- Tuesday, November 26, 2019 C a rl os M . Herdocia, P.E .. LEE D AP Stontec 90 I Ponce de Leon Bou levard. Suite 900 Coral Gables, FL 33134 RE: Surveyin g services tor 7435 SW 66 Av e nue, Ci ly o r Soulh Miami. FL De a Mr. Herdocia, VIA EMAIL: carlos .herdocio@slonlec.com 7435SW 66 Avenue Pursuanl lo yo ur request regarding a fee eslimale [or Surveying and Mapping se rvic es for the above-referenced project. LONGITUD E SURVEYORS , LLC (LS) is pleased lo submit the following Proposa l for your cons ideralion . .A . Scope ol Work: longilude will perform a Topograph ic/Balhymelric/Tree Survey lo Include !he following informa iio n : • Longilude Surveyors vlill sel horizon la! and vertical conlrol a round the land side perimeter of !h e area ol inleresl. • Right-of-Woy and propert y lines for !he p roject area will be shown graphically. Longilude Surve yors wi ll collect sidewalks , curbs, ca lch basins. signs, enl rances , trees , and any other signilicant above-ground improvements. • Longilude will collecl elevollons equivalen1 lo a l 00 -foot grid_ • Lon gitude will collect existing drainage informalion suer os rim elevation. pipe size. pipe mote,iol. pipe direction, and inverts. • Longitude will collec1 canal cross -se c1ions extending arm 's length into lhe c ana l. The canal cross-sections will be adjac ent to !he properly li ne . extending riv e feel beyond lhe property line. • Longi lude will loca le trees and palms wilhin Survey limit s havi ng a 3-in ch diameter or greater al breast hei ght (DBH ) or b eing 12 -feet in height or g reater to include he following for each: scientific name, common na me. diomeler al breas1 heig h1 [DBHI. l1e ighl ol lree, and canopy. LS will collect elevoiion of the base oi each tree within Survey lim its . • he Survey will be gee-re fer ence d to l he Sto le Plane Coordinate Syslem. based on lhe Nor th American Datum of 1983/2011. • All etevolions w ill be referenced lo lne Nalionol Geodetic Vertical Do i um or 1929 (NGVD29). unl ess Client provides w ri tte n nolice al time of No tice to Proceed (NlPI. ~ Deliverables: LS will pr epare four (<1) signed and sealed paper copies and a pd[ fil e or he resulting Survey. C. Survey Llmlls: 743 5 SW 6 6 Avenue, Miami. Florida 331 43 . (Cily al South Miami new pork). as per attached Exhibit p rovi ded by Client. ~ fee: The Io la ! proiessio nol fee lo comp lete this losk shall be a lump sum of 57,800.00. 1 cgree tho by signing below "I APPRO 'E AND ACCEP T" this proposal as a legal binding con tract. By: Da le: (Aulhoriz.ed Signature) Tille: (Typed or prin ted name) Re sp~_c,ff u lly Yo urs . . !.I Eduardo M. Suo re 2. PSM /Presid,nl _) LONGITUDE SURVEYORS 13 41138 [!]I] l Y3S 6.lt0"3/\IIOS tllW.~)C1T'),j\Cf!l"A.J t it1Cf ICT.N ftffl 3AAIOiWOi-CtU~I °"" fs.o.tODO IUI • ~ • ~pur"I"' ~ ':)NI SllOAfJ/\UOS 00NV'18 I.W ll'OtftO ,; ,Dil. U .VJtJ""KJ l mYAD~rKn'ffl41LQJ11'11'Uf'UW'IIKN.OW:lfiONNU!JliJV'nl 'f1U.Vv , ~o '-JW' Dli'8r.lfl JIil jg UOPtfn NI.UUM 1./dWM 01.1111.+aU 1,1 fillJM~ lil0A.LW•!:INND11 ... ltmU lfllWlAI S.u<Wa IIOUffl4lNl/li0l ~>a IIOPfalJOcJY ·.un no1 ,,ra 10lolJ 11.JL"rl'-HQl.t,;'AJl l(I I '~SIH.lOHU:Ulrt 'JHtr JI 'l.i.MJPWTUSM DJO'IOJJI, IN,tU u.JOOi.JO'VWll Ql>\YH l"°"nw.,o L7tlU.S:Wlll1 :t:)IOJ.'l'HtrWXJ 101 't,QU11N'IOJJ,111~..ftQl:,,,,.~!!llli)I J10M~JN'tC.w:1&1W!IOiUJN'JJ.Yl'MD&lfMJ.QYW))lj ·.L!MlO')nu IOt:JIIO)N ,..,._, 1M.., M CllrOI • .l\"l'I -YIU UI.L"""GU.lilO~ !Dtl\NJl!J1.I.S'J!I MilU.l)C'W h J ffl J.t:MI II ·~11r,,,a:ir.n1 .,,M:l.hWJlt "1-:.11 JON'IJ.Y01Y)l.MIVll4.lla)lOrr!iQJVN"IIODr.l'IMUIOUYA.r.Jl1 m.i'Q2'110'il U.titf'l'UCl'l'COO t.~IOffl"l l'I •JJ01'l)II G>01,1riOa.t,ot.t11ono1Y0111, ~"nvmiv10.rt 1Jaa11va.,1ottn ,rn101DW).J.u,.WNhi.llC lllMtl'I CHY tOU\lffl UhKDIIYulllDU V tu "JV.IS OnMIOfN JWUV~ lfU J.RlMJ.W. tn'WAtDH (l '1\111 CJt,Ol~OlilJ~,11 Cll,w,,J,1 10,10"1£..11l.l..G.ttlf -YOIYOH ·uunoJ ]CIVO •ll,W ll'I JO SOHOJ]H ::mmd JH110 55 3!TYJ •,g l00!11Vld NI OIC1!0)3H SV 'J03113H1 1"1d 311101 ~NIOHO))V ~HVd v1v1om 'Q 10WIOUdlllX?O ,V!)]l IMll'I Hl!IO'i JD J..10 3H1 MIYdWOJ 3.JNYl!nSHI ]\JJ! lVNDUYN :ioend,H 010 llOl 'fl!>flOl!lOM't'lHll'al 9 UOl :010lt 111l/D .,_ .. _ d"llf NOU r:xn ===:::.- -------, '3Nll AllildO~J Hl~OH NO lNJl'<lSYl l!>VNMIQ ,S OIHI JJNlJ ~Nil NIY ID • '!Nil J..lliUO~d 1SVl 110 nn.~v CINI lOOO OOO'i\ • '3..IOH 42139 Quollllcollon Stoternent • Part 2 • Standard FOlms EXHIBIT#6 PROFESSIONAL SERVICE AGREEMENT .._.rofesslonal General Enatneerln1 and Architectural Services" RFQ #PW2016·22 THIS AGREEMENT made and entered into this~ day of r\Aktt , 20.rl by and between die City of South Mlam~ a municipal corporation (hereinafter referred to as Owner or CITY) by and through its City Manager (hereinafter referred to as CITY or Cl1¥ Manapr) and S1-\s,\,1iC who is authorized to do business in the State of Florida, (hereinafter referred to as the •coNSULT ANT"). In consideration of the premises and the mutual covenants contained In this AGREEMENT, the parties agree to the following terms and conditions: · 1.0 General Proylslons I .I A Nodce to Proceed will be Issued by the City Manager, or his deslgnee. folloWing the signing of this AGREEMENT. This AGREEMENT does not confer on the CONSULTANT any exdusive rights to perform work on behalf of the Owner other t:han t:he work described in one or more Nodce to Proceed (hereinafter referred to as the "WORK"), nor does It obligate the Owner in any manner to guarantee work for the CONSULTANT. 1.2 The CITY qrees that it will furnish to the CONSULT ANT available daca and documents in the CITY possession pertaining to the WORK to be performed under this AGREEMENT promptly after the issuance of the Notice to Proceed and upon written request of the CONSULTANT. 2.0 Scoa, e!Smk:es The CONSULTANT shall perfqrm the work as set forth lo the Sccme af Seryices as described in lhe Nodce g, Proceed. J.o TJrne fpr Completion 3.1 The services to be rendered by the CONSULTANT for any WORK shall be commenced upon receipt of a written Notice to Proceed from the CITY subsequent to die execudon of this AGREEMENT and shall be compleliacl within the time set forth in the Notice to Proceed or other document signed by the City Manqer, or designee. · 3.2 A reasonable extension of dme will be granted In the event dlere is a delay on the part of the CITY In fulftllfng its part of the AGREEMENT, change of scope of work or should any other events beyond the control of the CONSULT ANT render performance of his duties impossible. 4.0 Rpsts of Compensation; The fees for services of the CONSULTANT shall be determined by one of the following methods or a combinadon thereof, as mutually agreed upon by che CITY and the CONSULTANT. 4.1 A fixed sum: The fee for a task or a scope of work may be a fixed sum as mutually agreed upon by the CITY and the CONSULTANT and if such an agreement Is reached. It shall be in wridng, signed by the CONSULT ANT and the City Manager and attached hereto as ATTACHMENT A: 4.2 Hourly rate fee: If there Is no fbced sum or If addidonal work is requested wlchout an agreement as to a f1xed sum. die CITY agrees to pay. and the CONSULTANT agrees to accept. for lhe servlces rendered punuant to this AGREEMENT. fees In accordance with the hourly rates that shall indude all 15 Pap51 of66 CllyolSOUIIIMlomi .RFQ IPW2016"22 I ProltlllionolGeneral Engineetlngond Arc:hilecturol se,vlcet 11 4 43140 Quofillcaffon Statement-Part 2 -standard Forms wages. benefits. overhead and profit and that shall be In writing, signed by the CONSULT ANT and the Oty Manager and attached hereto as ATTACHMENT A. 5.0 Payment and Partial Payments. The CITY will make monthly payments or partial payments to the CONSUL TANT for all authorized WORK performed during the previous calendar month as set forth in the schedule of payment as set forth in ATTACHMENT A or, if no schedule of payment exhibit Is attached to this AGREEMENT then payment will be · made 3Q days following the receipt of CONSULTANT's invoice as the work progresses but only for the work actually perfonned and approved In writing by the City Manager. 6.0 RJgbt of Decisions, All services shall be performed by the CONSULTANT to the satisfaction of the CITY's representative, who shall decide all quesdons. dlfflculdes and disputes of whateYer nature which may arise under or by reason of thls AGREEMENT, the prosecution and fulfillment of the services, and the character, quality, amount and value. The representatiYe's decisions upon all claims, questions, and disputes shall be final, condusfve and binding upon the parties unless such detennlnation Is clearly arbitrary or unreasonable. In the event that the CONSULT ANT does not concur in the judgment of the representative as to any decisions made by him, CONSULTANT shall present his written objections to the Oty Manager and shall abide by the decision of the Oty Manager. 7.0 Ownershfg of Documents, All reports and reproducible plans. and other data developed by the CONSULTANT for the purpose of this AGREEMENT shall become the property of the CIT¥ without resaicdon or Hmitation. 8.0 Audit Rights. The CITY reserves the right to audit the records of the CONSUL TANT related to this AGREEMENT at any time during the execution of the WORK and for a period of one year after final payment is made. This provision Is applicable only to profects that are on a time and cost basis. 9.0 Truth-In Negptjations: If the contract amount exceeds the threshold amount provided ins. 287.017 for category four, the CONSULTANT shall execute a truth-in-negotiation certlflcate stating that wage rates and other factual unit costs supporting the compensation are accurate, complete, and current at the time of contracting. In such event, the original contract price and any additions thereto shall be adjusted to exclude any significant sums by which the City determines the contract price was Increased due to inaccurate, incomplete, or noncurrent wage rates and other factual unit costs. All such contract adjustments must be made· within one year following the end of the contract. 10.0 Sybtetttng, The CONSULTANT shall not assign or transfer its rights under this AGREEMENT without the express written consent of the CITY. The CITY will not unreasonably withhold and/or delay its consent to the assignment of the CONSUL TANT's rights. The CITY may, In Its sole discretion, allow the CONSULT ANT to assign its duties. obllgadons and responsibilities provided the assignee meets all of the CITY's requirements to the OTY's sole satisfaction. The CONSULT ANT shall not subcontract this AGREEMENT or any of the services to be provided by It without prior written consent of the CITY. Any assignment or subcontracting In violation hereof shall be void and unenforceable 11.0 Unauthpripd Allens; The employment of unauthorized aliens by the CONSULTANT is considered a violation of Federal Law. If the CONSULT ANT knowinalY employs unauthorized aliens. such violation shall be cause for unilateral cancellation of this AGREEMENT. This applies to any sub-CONSULTANTs used by the CONSULTANT as well. The CITY reserves the right at Its discretion, but does not assume the obligation, Page52of66 16 ClSW of SOuth Miami • RFQ OPW201~221 ProfeaionalGeneral Engineallnl) and Ald1!laclUlal Se<vices l I !i 29 44141 GuoUfl~Hon Statement -Felt 2 • Stondo:ci Forms to require proof of valid citizenship or, ln the alternative, proof of a valid green card for each person employed In the performance of work or providing the goods and/or services for or on behalf of the CITY including persons employed by any independent contractor. By reserving this right, the CITY does not assume any obligation or responslblllty to enforce or ensure compliance with the applicable laws and/or regulations. 12.0Warrantt, The CONSULTANT warrants that it has not employed or retained any company or person. other than a bona fide employee working solely for the CONSULT ANT, to sotJcit: or secure this contract and that he has not paid or agreed to pay any company or person other than a bona fide employee working solely for the CONSULTANT any fee. commission, percentage fee, gifts or any other considerations contingent upon or resulting from the award or making of this contract. For breach or violation of this warranty. the CITY shall have the right to annul this contract without liability. 13.0 Termination. It is expressly understood and agreed that the CITY may terminate this AGREEEMENT for any reason or no reason and without penalty by either decDning to issue Notice to Proceed authorizing WORK. or, If a Notice to Proceed is issued, CITY may terminate this AGREEMENT by written notice to CONSULTANT, and In either event the CITY's sole obltgation to the CONSULT ANT shall be payment for the work previously authorized and performed In accordance with the provisions of this AGREEMENT. Payment shall be determined on the basis of the work performed by the CONSULTANT up to the time of termination. Upon termination, the CITY shall be entided to a refund of any monies paid for any period of time for which. no work was performed. 14.0 Imn. This AGREEMENT shall remain in force until the end of the term, which includes all authorized renewals, or unless otherwise terminated by the CITY. The term of this agreement Is three (3) years from the issuance of the Notice to Proceed and one two• year option-to renew. The option to renew is at the discretion of the City Manager. The CITY may terminate the contract without cause following 30 da)1 advanced notice to the CONSULT ANT. However, in no event shall the term exceed five (S) years following the issuance of the Notice to Proceed. 15.0 Default. In the event either party falls to comply with the provisions of this AGREEMENT, the aggrieved party may declare the other party in default and notify the defaulting party In writing. If CITY is In default, the CONSUL TANT will only be compensated for any completed professional services and CONSUL TANT shall not be endded to any consequential or delay damages. In the event that partial payment has been made for such professional services not completed, the CONSUL TANT shall return such sums to the CITY within ten ( I 0) days after notice that said sums are due. In the event of any litigation between the parties arising out of or relating In any way to this AGREEMENT or a breach thereof,· each party shall bear its own costs and legal fees. 16.0 Insurance and Jndemnificatlon. The CONSULTANT agrees to comply with CITY's Insurance and Indemnification requirements that are set forth in ATTACHMENT 8 to this AGREEMENT. 17 .0 As,:eement Not Exclusive. Nothing In this AGREEMENT shall prevent the CITY from employing other CONSULT ANTS to perform the same or similar services. I 8.0 Codas. Ordinances and Laws. The CONSULTANT agrees to abide and be governed by all duly promulgated and published municipal, county, state and federal codes, ordinances, rules, regulations and laws which have a direct bearing on the WORK involved on this project. The CONSULTANT is required to complete and sign all affidavits. including Public Entity Crimes Affidavit form (attached) pursuant to FS 287.133(3) (a), as required by the OTY's sollcltadon, if any, applicable to this Page 53 or66 17 Cllyol SOvlh Miami • RfGI fPW2016-22111L Prcressional Genatal Englfteeting and Archlleclulal SINices v 45142 Quallffcaflon Slotement • Pait 2. Slondcrd Forms AGREEMENT. 19.0 laB£. CONSULT ANT shall be responsible for payment of all federa~ state. and/or local axes related to the Work. induslve of sales ax If applfcable. 20.0 Prus Free Workplace. CONSULTANT shall comply with OTY's Drug Free Workplace pollcy which is made a part of this AGREEMENT t,, reference. 21.0 lndlPffl)dent Contractpr. CONSULTANT Is an independeni entity under this AGREEMENT and nothing conlalned herein shall be construed to create a partnership, Joint venture. or agency relatlonshlp between the parties. 22.0 Duties and BespqnslhfJltfes. CONSULTANT agrees to provide its services during the term of this AGREEMENT In accordance with all applicable laws. rules. reguladons. and health and safety standards of the fedenJ, state. and CITY. which may be appDcable to the service being provided. 23.0 Uc:enses pd Certlftqtlons. CONSULTANT shall secure all necessary business and ~onal ncenses at its sole expense prior to executing the AGREEMENT. 24.0 ~eor, Modiftc;adon, and Binding Effect: This AGREEMENT constituies the entire agreement of the parties, Incorporates all the understandings of the parties and supenedes any prior agreements. understandings. representation or negodation, written or oral. This AGREEMENT may noi be modified or amended except in wrldng. signed by both parties hereto. This AGREEMENT shall be binding upon and Inure to the benefit of the City of South Miami and CONSULT ANT and to their respective heirs, successors and assigns. No modification or amendment of any terms or provisions of this AGREEMENT shall be valid or binding unless It complies with this paragraph. This AGREEMENT. in general, and this paragraph, In particular, shall not be modified or amended by acts or omissions of the parties. If this AGR.EEMENT was approved by written resolution of the Oty Commission, or If such approval Is required by ordinance or the City Charter, no amendment to this AGR.EEMENT shall be valid unless approved by written resoludon of the City Commission. 2S.0 Juey Trial. CITY and CONSULTANT knowingly, irrevocably voluntarily and intentionally waive-any right either may have to a trial by jury in Slate or Federal Court proceedings In respect to any acdon, proceeding. lawsuit or counterclaim arising out of dtis AGREEMENT or the performance of the Work thereunder. 26.0 YalJdicy of Executed Cqpies. This AGREEMENT may be executed in several counterparts. each of which shall be construed as an original. 27 .0 Rules of lptcQretatfqn; Throughout this AGREEMENT the pronouns that are used may be substituted for male. female or neuter, whenever applicable and the singular words substituted for plural and plural words substituted for singular wherever applicable. 28.0 SeYer@bjl9. If any term or provision of this AGREEMENT or the application thereof to any person or circumstance shall, to any extent. be Invalid or unenforceable. the remainder of this AGREEMENT, or the application of such term or provision to persons or circumstances other than those to which It is held invalid or unenforceable, shall not be affected thereby and each and every other term and provision of this AGREEMENT shall be valid and enforceable to the fullest extent permitted by law. 29.0 Cumulative Remedies: The duties and obllgadons Imposed by the contract documents. If any, and the rights and remedies available hereunder, and. In particular but without limitation, the warranties, guarantees and obftgadons Imposed upon CONSULTANT by me Contraa Documents. If any, and this AGREEMENT and the rights and remedies available to the CITY hereunder, shall be In addition to, and shall noi be construed in any way as a llmitadon of, any rights and remedies available at law or In equity, by special guarantee or by other provisions of me Contract Documents. If any. or this AGREEMENT. In order to endde any party to exercise any remedy reserved to it in this Page 54of66 arv o1 Soulh Miami • RfO 1PW2111~22 J117 f'fahmlonal Gelllfflll Englneedng ond ArctdloctUIOI SeNlces 18 31 46143 Quollftcollon S1tnement • Port 2 • Stanc!Clrci Fonnl AGREEMENT. or exisdng in law or in equity, it shall not be necessary to ,Jve notice. other than such notice as ma7be herein expressly required. No remed7 conferred upon or reserved to any party hereto. or e,cisting at raw or in equity, shall be exdusive of any other available remedy or remedies, but each and every such remedy shall be cumuladw and shall be In addition to every other remedy pen under this AGREEMENT or hereafter existing at law or in equity. No delay or omission to exercise any rJaht or power accruing upon any default shall Impair any such right or power or shall be construed to be a waiver thereof, but any such right and power may be exercised from time to time as often as may be deemed expedient. · 30.0 Npn-Walyer. CITY and CONSULTANT agree that no failure to exercise and no delay in exercising any right. power or privilege under this AGREEMENT on the part of eidler party shall opeme as a waiver of any right. power, or priwlege under this AGREEMENT. No waiver of this AGREEMENT, In whole or part. including the provisions of this pa,.,-aph, may be implied by any act or omission and wiU only be valid and enforceable If In writing and duly executed by each of the parties to this AGREEMENT. Any waiver of any term. condition or provision of this AGREEMENT will not constitute a waiver of any Olher term. condition or provision hereof. nor will a waiver of any breach of any term, condidon or provision constitute a waiver of any subsequent or succeeding breach. The failure to enforce this AGREEMENT as to any panlcular breach or default shall not act as a waiver of any subsequent breach or default. 3 J .0 No DlsqfmJnarlon and &pl fimelc1trnent; No action shall be taken by the CONSULTANT, nor will it permit any acts or omissions which result in discrimination against any person, lnduding employee or applicant for employment on the basis of nee. creed, color, ethnichJ, national origin. religion, age. sex, familial status, marital status. ethnicity, sexual orientation or physical or mental disability as proscribed by law and that It wlft cake affirmative action to ensure that such discrimination does not ake place. The CONSUL TANT shall comply with Ebe Americans with Disabilities Act and it will Glee afflrmadve action m ensure that such discrimination does not take place. The City of South Miami's hiring practices strive to comply with all applicable federal regulations regarding employment el"igibHity and emplOJffient practices in general. Thus, all lndlvlduals and entitles seeking to do work for lhe OTY are expected m comply with aU applicable laws, governmental requirements and regulations, Including the regulations of the United States Department of Justice pertaining to employment eligibility and employment pnctices. By sipng this AGREEMENT, the CONSULTANT hereby certifies under penalq of perjury, to lhe CITY, that CONSULTANT Is in compliance with all applicable regulations and laws governing employment pracdces. 32.0 Goyernlna Laws. This AGREEMENT and the performance of services hereunder will be governed by the laws of the State of Florida. with exduslve venue for the resoludon of ~ dispute being a court of competent Jurlsdlcdon in Miami-Dade Count)', Rorida. 33.0 EffKdye Pm@. This AGREEMENT shall not become effective and binding until It has been executed by both parties hereto, and approved by the Oty C~lon If such approval Is required by City's Chaner, and the effeaive date shall be the date of la execution by the last paf'11 so executing it or If Oty Commission approval Is required by the City's Charter, then the date of approval by City Commission, whichever is later. 34.0 Third fan¥ Beneftclaey. It Is specifically understood and agreed that no other person or entity shall be a third-party beneficiary hereunder, and that none of provisions of this AGREEMENT shall be for the benefit of or be enforceable by Page 55 of66 19 Cily o1 SOull\Miamo • RfQ OPWZOIA-221 PIOlfliionclt General Englneedng and Arc:llllecllllOl 5eNiees 118 47144 Quallllcotfon Statement-Part 2-Slancl0rCi Forms anyone other than the parties hereto. and that only the parties hereto shall have any rights hereunder. 35.0 Further Assurances. The parties hereto agree to execute any and aD other and further documents as might be reasonably necessary In order to ratify. confirm, and effectuate die Intent and purposes of this AGREEMENT. 36.0 Time pf Fmom Time is of die essence of this AGREEMENT. 37.0 lnlerp:atatior.. This AGREEMENT shall not be construed more strongly apinst either party hereto. regardless of who was more responsible for Its preparation. 38.0 Fon;a MaJpure. Neither party hereto shall be In default of Its &Bure to perform lrs obffgatlons under chis AGREEMENT If caused by aca of God. civil commotion. strikes. labor disputes. or governmental demands or requirements chat could not be reasonably anticipated and the effects avoided or mlttgatM-Each party shall notify die other of any such occurrence. 39.0 Subc;pnqaqlJlli If allowed by this AGREEMENT, the CONSULTANT shall be as fully responsible to the CITY for the acts and omissions of Its subcontractors/subconsultams as It Is for the am and omissions of people dlrecdy employed by it. All subcontractors/subconsultams and their agreements, If aDowed by this AGREEMENT, must be approved by the CTY. The CONSULTANT shall require each subcontractor, who Is approved by the CITY, to agree in the subcontract to observe and be bound by all obllgadons and conditions of this AGREEMENT to which CONSULTANT is bound. 40.0 Pvblk Rgprds: CONSULTANT and all of Its subcontractors are required to comply with the public records law (s.119.0701) while providing goods and/or services on behalf of die CITY and the CONSULTANT, under such conditions. shall Incorporate this paraaraph in all of irs subcontracts far this Pro}ect. Under such condition, CONSULTANT and Its subcontractors are specifically required to: (a) Keep and maintain public records required by the publlc agency to perform the servlcei (b) Upon request from the public agency's custodian of pu~llc records. provide the public agency with a copy of the requested records or allow the records to be inspected or copied within a reasonable dme 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 confidendaJ and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duradon of the contract term and following completion of the contract If the contractor does not transfer die records to the public agency; and (d) Upon completion of the contract, transfer, at no cost. to the pubhc 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 pubhc records to the public agency upon compledon of the contract, the ; contractor shall destroy any duplicate public records that are exempt or confidential and exempt from public records disdosure requlremenrs. If che contractor keeps and maintains public records upon compledon of the contract. the contractor shall meet all appJlcable 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 informadon technology systems of the publk: apncy. IF THE CONTRACTOR HAS QUESTIONS REGARDBNIG THE APPUCATION OF CHAPTER 119, FLORIDA STATUTES. TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBUC RECORDS AT 305-663-6340; IE-mall: mmenendez@southmlamlfl.gov; 6130 Sunset Drive, South Miami. FL 33143. 41.0 Notices. Whenever notice shall be required or permitted herein, it shall be Page56or66 20 Cllr ol Saulh Miclml • RFQ OPW201 ~221 I I" Profenlonal General Englnlledn9 end Ardlllecturat Sen,lces ' 33 48145 A '1uollftco1ion Str.iten1ent -Port 2 -stonoorcl Fcm,s delivered by hand delivery, e-mail (or similar electronic transmission), facsimile transmission or certified mail, with return receipt requested and shall be deemed delivered on the date shown on the e-mail or delivery confirmation for any facsimile transmission or, if by certified mall, the date on the return receipt or the date shown as the date same was refused or unclaimed. If hand delivered to the CITY, a copy must be stamped with the official City receipt stamp showing the date of deliver; otherwise the document shall not be considered to have been delivered. Notices shall be delivered to the following individuals or entities at the addresses (including e-mail) or facsimile transmission numbers set forth below: To CITY; With copies to: To CONSULTANT: City Manager, 6130 Sunset Dr. South Miami, FL 33143 Tel: (305) 668-2510 Fax: (305) 663-634S E-mail: sal exander@south m ia m ifl.gov City Attorney 6130 Sunset Dr. South Miami, FL 33143 Tel: (305) 667-2564 Fax: (30S) 341-0584 E-mail: tpepe@southmiamifJ.go¥ 42.0 Corporate Authori!;)': The CONSULT ANT and its representative who signs this AGREEMENT hereby certifies under penalty of perjury that the CONSUL TANT and its representative have. and have exercised, the required corporate power and that they have complied with all applicable legal requirements necessary to adopt, execute and deliver this AGREEMENT and to assume the responsibilities and obligations created hereunder: and that this AGREEMENT is duly executed and delivered by an authorized corporate officer~ in accordance with such officer's powers to bind the CONSULTANT hereunder, and constitutes a valid and binding obligation enforceable in accordance with its terms, conditions and provisions. IN WITINIIESS WHIERIEOF, this AGREEMENT was signed on or before the date first above written subject to the terms and conditions set i~orth herein. -~ C LT, T: • By ~ LE P, Vice President Stantec Consulting Services Inc. (Print Name~~ ... s/-.c::i,.;,i::.:'_c;,==-~~.,:.._~,-==:i.: City of South Miami By:--~- .,,.--?tt;ven Alexander City Clerk Page 57 of 66 City Manager 21 Cily or South Mtgmi • RfQ OPW2016-22 I P101esSiQno1 Generol Eng!neellt\g g,,d .-.rchllecturol 5eMCcn l 20 49146 Read and Approved as tlO Fann. ~age, l.egallty and Execu.tlan thereof. By: .. '~ Thomas F. Pepe, Esq. Ot)'Attomey PageSI af66 Quallffca11onsrDtemant -PCllt 2-standclld Fonns alyol SoulbMtoml • IIIO ~l'W2Dl6·221l 2I ProfosilonolGenetOI l!nglnaclingflftd ArdilaclulalSGM:r,s 22 35 50147 (i', Sou~mi n11cmor1UASON11M1Z ADDENDUM TO PROFESSIONAL SERVICE AGREEMENT "Pi'Ofeafadll General Enalnlllfflll and k'dlltedlmll lenllces" IIFQ lflWJ0!&-22 The City and CONSULTANT aaree that a separate rotational 11st will be dedicated for work performed under a contlm.1lns professlonal service contra", as specified In the Scope of Sendces, for "Certified Arborlsts Services," and a separate rotatlonal 11st wlll be established for a11 co.IA professlunal services. neertifled Arborf5ts Services• ls defined as: o Cellffled Arborlst Services: Consultant may be called upon to review all tree removal pennlt applications that are submitted to ensure compllance with the regulations outlined In Section 20-4.5.1 of the City's Land Development Code. lhe review '"dudes the lnltlal site lnspectton followed up by the determination of mitigation and a final Inspection. When needed, assl5t City Depanments wlth other Issues related to lhe maintenance, preservation, and protection of trees on both private and public property. The rotational flsi for "Certified Arilorlsts SeNlces" will rotate every three (3) months among the CONSULTANTS. The ettv Intends to retain a mulmum cf four (4) qualified firms under four (4) separate but similar Professional Servlce5 Agreements. ___ ___, CONSULTAMr: Ctt,~ ~ By•_,.....--·~_....,~ ...... ------..... _ (Name of Signatory) Read and Approved as to Form, Language, Lapllty and Execution thereof: --~~ By: --------- Thomas F. Pepe, Oty Attomey ~./steven ~lexander, City Manager ( 23 51148 _,.,..,. lltllll016 AffACHIMIIINT A "CONPINIATION" . PROl'EIIBONM.IINCIAGll!IDIINT -a•1P11F1111i1&111d1l11111•ialG1111nilllllplN1fna.-l~lawl11_.. IIIFQIPWill._21 · 24 37 52149 Professional General Englneerfns & Archltectural Services RFQ IPW2016·2Z Wqe Rates summary Jab Classification City of South Miami Benchmark Hourly Rate Prlndnal $180.00 Sr. Prolect Manaaer $170.00 Project Mal'lapr $160.00 Senior Engineer $145.00 Senior Planner $125.00 Planner $85.00 Senior Traffic Engineer $125.00 Traffic Enaineer $85.00 Senior Deslper/Engineer $90.00 Des11mer $80.00 Engineering Intern $95.00 Senior CADD Technician $100.00 CADD Technician $65.00 GIS Technician $80.00 Senior Construction Inspector $90.00 Construction lnsaector $75.00 Senior landscape Ardlitect $125.00 Landscape Ardlltect $115.00 Landscape An:hltect Intern $70.00 Arborlst $75.00 Utility Coordinator $90.00 Survevor / Maoper $85.00 Survey Technician $60.00 2-Man Survey Crew $115.00 3-Man Survey Crew $125.00 4-Man Survey Crew $135.00 Fire Protection Engineer $90.00 Plumbing Engineer $90.00 Mechanical Engineer $90.00 Electrical Engineer $90.00 Geotechnical Entdneer $120.00 Geologist $90.00 Environmental Scientist $85.00 Senior Administrative Assistant $65.00 Clerical $45.00 25 53150 ATTACIHIIMENT.8 DNSUMNCIE It ONDEMNSFBCATBON RIEQURRIEMENTS NCR!§l80NAL IIBMCE .AGIENIN1' ~Genan!IEaafnee,rn,mnd~le,._.- IF(h11PW2016-23 1.010 hpunmg) A Wldaour llmldng la Dablblf. the conll"ICflDr. consultant or consuldng firm (herelnafcer referred ID as ''FIRM'' wllh reprd to Insurance and lndemnificadcn requiremem:s) shall be required u, procure and malmaln It tu own expense during the fife of dle Con1raet. Insurance of the typa and ln lhe mlnbnum amounu stated below as wlll prollBCt the FIRM. from dalms which mav arise our: of or result from the mmract or the performance of lhe convm whh che Chy of South M!amL whether such c:lalm Is apJnn die FIRM or any sub-comraa.or. or by anyone d!recd)' or lncllrecdy emp!oyed by any of them or by anyone for whose aces any of chem may be Udl!e. B. No l11111rance nqulred ~ the CITY shall be Issued or wrlt&en by a surplus tines carrier unless audtorlud In wrldng by the CITY and auch authorization shall be at die CITY"s sole and absoluie dJscre1;1an. The FIRM shall purdlUe Insurance from and shall maintain die Insurance wldl a company or companies lawfully audlorized 1D sell Insurance m the Sma of Florida. on forms approved bJ die Sme of flcrtda. as wltl proiecc'the FIRM, at a mlnlmum, fram all dallns as set fonh below which mar arise out af or result from the FIRM's operadons under die Connet and for which die RRM may be legally bable. whether such operations be by the FIRM or by m Subcomract:or or bJ an,one dlrealy or lndlrecdy employed by any of chem, or by anyone for whose aces an, of lhem may be liable: (11) dafms under worbrs' compensation. dlsabllfl;, benefit and omer slrnilar emplovee benefit ads which are appftcab!e to the Work to be performedi (b) cfalms for damages because of bodlly Injury. ocicupatlcnal slcknes'S or disease. or death of the FIRM's employees: (c) dalms for cfarnaaes because of bodily lnJury, sickness or dlsaase. ar death of any persan other than the FIRM's employees; (d) da1ms for damaps Insured by usual personal lnJury Dabmt, coveraae; (e) claims far damages. other than ID the Work ltlelf, hcause of lnJury to or deslrucdon of tanilhle prapny, lncfudlng loss of use rastddng there frcm; (9 clahns for damages because of bodily lnJury. death of a person or property damap arlalng out of ovmershlp. maintenance or use of a motor vehld8i (8) dahns for bodJly Injury or property damage wing aut of completed operations; and (h) clalms Involving co111nccual llabUll:y lnsunnce appllalde ID the ARM's obllgadans under the Contraet. 1.01 I Bao'a lnsur;wa GenemU,, The FIRM shall provide and malmaln In force and effect until aD die Work to be per(onned under this Con1ract has been compleeed and accepted by CITY (or for such duradon as ls olherwlse specified hereinafter), the Insurance CO'lerase written on Florida approved forms and as sec f9"h below: I JJl2 Wwfrlri eg_,,pdpn fOWAose ac the ltalUfGr)' amoum as to aD emploJees In complJanca whh the 'Womd Compensalfon Law' of the Sme of fkntda lndudblg Chapler 440. Florida 5.-, _u presently wrtnen or hereafrer amended, and all appllcab!e federal laws. Paga60of66 'lllaffllllP.P;pa • IGIIJIIDUI 26 146 39 54151 fn addition, the polldes must trcdude: Employers' Uablliq at die scacur.ory coverage amauni. The FIRM shaU funher Insure tllat all of Its SubconD"aetcrs malnmln appropriace levels of Warkrs Cornpennllan Insurance. 1.013. Cqmmerdat Compmfumsh,o Geom) UahJDgy Insurance widl broad form endorsement. as well as aummoblla llablthy, completed ope,adons and products habU!cy, contractUal llablllty, sev~ oflntierest with cross Dablllty provision, and persona! lnJusy and property dama&e llablllfl wfdl &m111 of $1,CIOO,GCO combined sln&fe lbnlc per occurrence and $2.C00,000 aa,£8lle,lndudlng: 0 Personal lnJUJT-$1,0GUOOi o Media! hmlrance: $5.000 per person: 0 Propen, Damaae= $500.000 each cccurrence; 1.014 Ym!u:efla Cemrnm;M Qnnl!R"@btmbm Ggneral IJabllltx Insurance shall be wriUen on a Florida appro,,ed form whh the same coverage u die primary Insurance poHcy but In die unoun1 of $1,000.000 par dalm and $2,000.000 Annual~-Coverage must be afforded on a fonn no more restrfalve man the latest edldon of me Comprehensive General Uulllly policy, wl1holtt restricdve endorsements, m flied by the Insurance Services Offtce. and must lndude: (a) Premises anca Opemfon (b) Independent Contnctors (c) Products and/or Completed Operadons Huard (cl) l=p!oslon, CoDapse and Underground Huard Covenae (e) Bnml Form Propenv Damage (f) Broad form Conll'Ktllal Covera,e apptlable to dtls spQ!Clflc Contract. tndudlng any hold harmless and/or indemniftcalion .,-eement. (I) Personal Injury Coverage with Employee and Cona-acuml &cluslons removed, with minimum Umla of coverage equal to those requ1recl for Badily lnJury Uablhty and · Property Damage Uablity. 1.0 I 5 Business Aqmmgldle IJdJ1Jl\y wl1ft minimum hmla of One Million Dollars ($1,01JO,CIOO.OO) plus an addldonal One MURan Dollar ($1,COO,OGO.OO) umbrella per occummce combined slngte limit for Bodlly Injury Llabllh¥ and Property Damqe UabUl&f. Umbrella coverage must be afforded on a farm no more resvlcdve than che larest edldon of die Business Aurcmobl!e Uablllty pallq, whttout rescrlcdve endorsements. as flied by with die nate o1 Florida. and must Include: (a) Owned VehJcles. (b) Hired and Ncn-Owned Vehldes (c) Emp!oye,s' Non-Ownership 1.016 5YBCONTRACTS; The RRM agrees that If any part of me Work under the Connet Is sublet. me subcomracc shaD comaln die same ll'IIVrance provision as reqllfred by of die Firm. other than the Fire and Exmnded Coverage lnsunnce and substitudng die word Subcomractor for die ward FIRM and subalcudng che word FIRM for CITY where app!lcable. 1.011 Fire amt &amdefl Cqyemp lnsu:mnce (BYUders' Risk), IE APPLICABl,f; C. In the event that th1s contract Involves the construcdon of a nruccure. du! FIRM shall malnmln. wilh an Insurance Company or Insurance Companies acceptable co die CITY, 9Brmd" farm/AU Risk Insurance on buildings and sa-uctures. lndudlnl Vandallsm & Malldous Mischief coverage. while In die coune of cal'llll'Ucdon, lndudlffl foundadons, addldons. aaadlmems and aD permanent fbtalres belon&lnl co and consdtudnl a pan of fll&a61oH6 'llloma Ill. Papa IIIISIZOIG 27 148 An 55152 llld 'ulkflnas or anccuras. The pofiq or potlcies ahall also cover maddnmy, If the con of maddn8ly Is Included In the OWract. or If the nchlnay Is lacatad In a bulldlng dtat .. blfnl renomal.,, reason of dlls mmraa. The IIIIOllnC of lnlur.mce fflUlt. ll all times. be at lealt equal tD 1he replacement and actual ash value af the Insured pra,_.,. The pollq lhall be In 1he name of the CITY and tho Rrm. u their Interest map appear, and lhaD also caver the 111181'8118 of aO Submnncatrs pe,formJna Work. D. AO of Iha provisions sec forch In MlsceUaneaus secdon herein below shall apply to this coverage unlass It: would be dearly not appllcable. 1.018 MJwlm@pug F. If an, naatm of cancellallon of Insurance or change In covenp II lsluad by the Insurance campany or shaufd an, Insurance have an 111eplradon dalll lhu wlll occur durfna che periad af this contracr. the FIRM shall be responsible for securlna cnher uceptable lnlllrance prtor to such canallatlon. dlqe. or erplradon so as 11D provide eonlbmaua awerage a apeclfled In dlla ncdon and so II tD malmaln co,eraae durfna .... of chis Comracr. G, AD deduarores mu1t Gte declared bp the FIRM and mun be approved a,, the cnv. At tha option of &he CITY, eh:her the FIRM shall ellmlnam or reduce sum dmlucdb!e or the RRM shall proan a Bond. In a rmm lllllsfaaDry to die CITY covering the same. H. The patlda shall amtaln-"er of subrapdcin apJmt CITY where appllcald9, shall ...,_,, provlcle lhat auch poHq or paflcles are prlmuy over any o1her caDectlllta lnlurance Iha CITY mar haw. 1he CITY ra11 • 1ba lf&fac ac any 1lme co request a eopJ of Iha required pollcla for revtew. AD pollcles shall amtaln a~ of ,_,_. or 11crass llabllt;' clause without oNlpdon ror premium plJfflellt of die CITY as well as contraaual llabllhv provision coverlff& dte FIRM'S dm, ID indenmH'y 1he City II provided In dds At,eement. L Bafanaanf"I dteWorlc. daa FIRM ahaD dellverrotheOVY cerdfkaees Of such Insurance. acceptallle ID the arv, as well u the Insurance binder, lf one Is Issued. die Insurance policy, lncludlna die dedaradon pqe and all appllcabte endol'Rlnen11 and provide the name. address and mlephana number of the insurance apnc or brobr lhroup whom tha pollq was obmlned. The Insurer shall be rared A.VII ar beaal-per A.M. Best's Key Rattna Gulde. fatiesieclldon and audlorlzed tD law Insurance In Iha SIiia of Rorlda. AD tmurance poDcJes must be wr1mn an forms approved by the Sme af Rortda and they muse remain In 6dl force and efecl for the dmadoii af lhe connct period wllh the arr. The FIRH ma, be required by the OlY. at 11s sole dlscredon, ID pravlde a "cvdfled coP"/' of die Polle, (u deflned In Ardde I of this cloauneq which lhall lndude the dedaradon N8 and aD required endanemam:s. In addition. die FIRM shall. deBver, at the time of delivery of the Insurance cerdftcate, die followtna endorsemenic · (3) a pole, provision or an endorsement with sullltamlally slmllar provisions as follows: -n.na f. PePI' IO/IJIZOl6 ante Cfl;y of South Miami ii an addidanal ~. The ln111rer shall pay all sums lhat die OtJ of Soudl Mbunl becomes luplly obb,pled to par as damages because or 'bodlfy lnlu,y', 'properq, damage' , or 0 personal and adverdstna fnJury' and It wffl provide CD die City aH of die coverage thac 151.)'PJcaJJy provided under die standard Romla approved forms for commerclat general habllllf coverage A and coverage 8"; 28 147 A.1 56153 (4) a policy provision oran endorsement wlda subnandal'1 llmllar provlllons as tbllowll: . "Thia pol!q llhall no& be cancalled (lndudfna cancellation for no.......-i af premium). rmnfna1led or mallel'lalt, modified wldlout flnt&IVlng the a, of Soudl Miami • (10) dap advanced wrl1t1n notice of the bllll!nt to materla!t, modlfJ die pollq or CD ancel or 1111mf11ate die pollq for an, rmon. TIie nodftanlan shall be dellvered • the a, b)r cet died malJ. with proof of delivery CDthea,.11 J. If die FIRM .. provldJlt& prafellfonal servtces. IUCh u would be pravlded by Ill arddlect. ..-,. alll0m8J• or accoum:ant. ID name a few, then In auch 8'Mlt and In addldon ID the 11NMt requJremenar. the FIRM shall also provkla ft cf111lcnal UablDIJ Insurance on a Rorlda app,aved form In the amDUM of $1.000.GGO whh deducllb!e per dalm If an,. llOl 11D aaed. of lhe llmltof llallllllr provldlna for all aums which lhe FIRM mll become leaaD, obllpfed CD.-, as ..... far dalms arlllna out of the senlcel or work performed by the FIRM hi.-, representatlvel. Sub Conll'UIIDl'I or assJgns, or a., 1111V pll'IOII emplopd orrelalned by him In mnnecdonwlth this Aareement. This lnlurlnce lfadl be malnlalned for four yen airer mmplellon of die rmnalan and acmp1111ce of an, Pro)ectcovend by tlds~ However. the FIRM ma, purcllae Speclftc ProJIIC& Prorealonal 1Jab111tJ lnsunnce. In the amoumand under lhe W'l'lll spedfled uove. which ... 8CCllpllWe. No lnllll'anceshall be issued by a surplus Ima anler unlela llllhorllld In wrldn8 a,, a c1tJ 11: the dty's Mle. absalUfll and unfeaeral cllscretlon. , ... ~lltlapdNm- G. The F11111 accepa and YOluntarllJ Incurs all risks of any Injuries. damaps. or harm which mfalnarlle dllrtJII Illa wortc oraNY1t tmtll ocairrfD& on the CITV's propenr due 10 the....,.._ or odler fault of the Finn or811JOM aafq throuah or on Wlalf of die Finn. H. The Finn 1haD lnllemnify. defancl. save and hold CITY, ltl officers, afftltnes. emploJees. 1UCC8110rs and lllfp. llarmlell from any and aO ....... dalms. llabllkr, losses. clalms. demands. sulls. fines. Judplems or con and expenses. lndudlns nasonalsle aaorne,'s fees. ,..... fees and lnveslfptlve ams Incidental there ta and lncum!d prior CO. durfnl or lollowfna an, lldpdon. medladon. arblndan and at aD appellne levels. wlllch ma, be sutrered bJ, or accrued apfnst. dlarged IO ar recoverabla from the Qy of Saudi Miami. Its officers. affiliates, employees, succeaors and ualgns. bJ nasan of an, causes of acdons ar dalm of any ldnd or nuure. lndudlna dalms for ln_lury -. or death of any ~ or persons and for the IDSS or claml&e roan, property arising out of a~ errar, omJssion. m1sconc1-. ar any aroas negllgence. imlentfonal act or ttarmful conduct of Iha Firm, IIS contraceor/subcontraclDr or an, of their offlcers, dlrecfOrs. apna. represenladves, employees. or mlps. or IIIJGIII acting dnvgh or on llehalf of any of chem. arlslftl auc of ihlsAar-ment, lnddlllt ro ~ ar resulllna from the performance or non-performance of die Firm's obllpt1on1 under this AGREEMs-aT. - I. The Arm shall par all dalms. lossas and apenses of any kind ar nature whatsoever, In connecdon dunwlth, including the expense or loll of the CITY and/or Its affected PageQofG6 29 148 57154 officers, affiliatel, employees. IUCICellOl"I and usJ&ns, lnclucflna thelr auorney's fees, Iii the defense of any acdon tn law or equity brought against lhem and arising from die nqllpnt error, omission, or act of the Rrm, Its Sub-Ccmtnctcw ar any of thetr agena. npresenraw-. empfopes. or assf.gJ,s. andlor arising out of. or lnddem to. chis Agreemenr. or lnddent to ar resufdna f'ram tho performance or non-performance of the Ann's ob!lptlons under dlls AGREEMENT. J. The Finn a,ees and recognizes chat nekher che CITY nor Ill offlan. afflllalus. employees. successan and assJgna shall be held Dallle or responslbfe far any dalm,, tndudlng lhe CIOdS and e,qsenses of defencllng such dalms which may n11ult from or artae out of acdons or emissions of che Finn, 111 contractlOrlsubcomraaor or any of lhelr agems, reprasen~ emplo,ees. or assfgns. or anyone actlni lhrou&h or on behalf of the them. and arising out of or concemfng the wen or event dm Is occumng on the CITY's pl'OlllftJ. In NM8Wfn& approwll or~ any aubmmlons or aces of dl8 Rrm, CITY In no wq assumes or shares responstbllh)' or llabllfty for the aca or omlalons of lhe Firm, kl camnctor/subcontnc:11ar or any of lhelr agents. reprasentadves. emplo~ or mllgns. or anyone 2Cdn, through or on bahalf ¢ diem. K. The Firm ha 1he dUIJ a, pnwlde a defense with an zuomey er law firm approved by lhe Ctr of South i'taml. which approvaJ wlll not be unreasonably wtdthekl. L However, u 'CO design profealanal contra.ca. and pursuant 'CO Seeclon 725.08 (I). Frorfda Smu-. none of ch~ provisions set forth herein abcwe dial are In confllcc wldl dds Sllbpant&raph shalJ apply and this subpanaraph shall sec forth the sole n,spanslbUlty of che design professional cancerntns lndemnlftantDn. Thus, lhe design professlonal's obfl&adons as to die Cky and ID apndes, as well as to its officers and employees. ls IO mdemnlfv and hold diem harmless from llabltlds, damages, losses, and cons. lnchAllng, but not flmlted to. reasonable auomeya' fees. to die mctent · caused by the negllgence. reddessness. ar lllll!ll1lonally wranaful conduct of die design professlonal and odter persons employed or u1t1ized by the desl&n professional In the performance of die contract. 'lllanmF.""'8 IIIIIIJOII THIS IS INCWDED IN THE GENERAL CONDITIONS END Of SECTION 30 148 43 58155--------------------------------------------------------------------;:, NOTf: · WOOD DOCK INTO AS' C.M.t DN [AST PROPERTY l1Nf. • CHAIN UN~ FENCE INTO S' DRAINAGE EASEMENT ON NORTH PAOP(RTY LINC. BOUNDARY SURVEY GIY--Dtftft'.N S<C.• ----1111•----I LOCATION MAP ,..,,n,sc,w-PROPERTY ADDR£5S: 7435 SW 66 AVf ., SOUTH MIAMI, FL 33143 CrRTIFlrD TO; LOTT & LEVINE. AND GEORGE I. LOTT OLD R(PU&UC NA110NAL IITLE INSURANCE COMPANY THE CITY OF soum MIAMI LlGAL DESCRll'IION: LOT O, LUDIAM PARK ACCORDING TO 111£ PIJIT TIICRCOI. AS RCCOROtD IN PU\T BOOK 65. PAGE 55 OF THE PUBLIC RECORDS OF MIAMl•DADE COUNTY, FLORIDA. 1UINl'Jl1't••t• llomt-111111Ctl0-Gl11Ttl 11,.nt Y,''11flWlttoOIIT h1f \IGhATUlf AttDAA•Un ,!N n, A.rLMD,.ucrMra SUllVl'IIOa ,MtPJIAl"rl • )J IH1 \Ui"flYotfltCIIONIRt 1\•1DtCOVllfDl•r•oun1o~A~tlo\l\1T'fltf\UU.!tU -ti lfG"l 01\CiltlPl,0 .. r1.ov.o1pr,c,1(1n ~I U"Pt•f,110;,,•~ lktlflOI\CHU!fllt ~or,cu.tro 110\'f.'ilR"ti,or rtNCI\A■( U.\lhCWN ,, ..... , ... A .. ll ADD•~10"4AL •n.1■1(110~, ,.o, ,,,ow .. Qt.I , .. :s SUlfV[f TIIAt YAY II IOUt,::» ••• T:111 :oua11t RI coatn Of T•fl\(01.l'llY 91 co-.tACf 11,r AfortlCNh.UI AUIU0■11Y ,111 oa tD .... D('.S~ftWCIIIUCltDl11lDl"rG A'ln rn•,,,.c ,,,11111,•,nia,, ICJ(IAV,,.11:11(114 Gt 111, l,A\IHO o• mu WIU MAVr :onr t,,IAQJ 10 DtlllllVr:.I( R1tiJ•aro1•11,"u-.ilhf\ .• , •ti.•. AfllC1:-.:-, 111:~ Pll1C:'UIIH 11!lllV.\t1a•,1.11-.unou a, av, ,cc• II.I\' ADDIIIOII\ o, D(UflOH\ TOSUIVO' MAPS 01 llffOITS 8101HIR 1HAN IH[ SIGNMG fAA.l'fOR PARfl(\ ll nn1111nrowlf11DUt WIIIRIN(ON11Nt o, ,~ ,.c .. utGPAITfffll ,um~ II ... ,»G\ WHI,, \leOWff All •• ,, .. ,o tP AM AHUIAtD YAlUI Of um ,a ,i PG .,,. !ilHll 1•111 81.ANCO SIIRVHVORS INC E"ll"'t'l',. • lDNt S11rtP,-,. • Pl.l,inp,a • LO o COD10S9 5-~ NOfltH GHOII[ DRIVE ''"'"'' ntACn n 3:,u1 Email blanco1urvoyor11ncGyDhoo com PH: (305) 815.7810 Jlt.lADIUE O'Jlttlc:9 DASE t· HOI VAi.iD UhlUS E\IDOSSrowam SURVEYOR'S SEAL [i] 59156 Quofillcotlon Staternent -Part 2 -Standard Forms EXHIBIT#6 PROFESSIONAL SERVICE AGREEMENT 11 Professlonal General Engineering and Architectural Services'' RFQ #PW2016-22 THIS AGREEMENT made and entered into this ~\ 4\ day of \\Atss , 20jJ.._ by and between the City of South Miami, a municipal corporation (hereinafter referred to as Owner or CITY) by and through its City Manager (hereinafter referred to as CITY or City Manager) and S 1-t,,,tliC who Is authorized to do business in the State of Aorida, (hereinafter referred to as the "CONSULT ANT"). In consideration of the premises and the mutual covenants contained in this AGREEMENT, the parties agree to the following terms and conditions: 1.0 General Provisions 1.1 A Notice to Proceed will be issued by the City Manager, or his designee, following the signing of this AGREEMENT. This AGREEMENT does not confer on the CONSULTANT any exclusive rights to perform work on behalf of the Owner other than the work described in one or more Notice to Proceed (hereinafter referred to as the "WORK'1, nor does it obligate the Owner in any manner to guarantee work for the CONSUL TANT. 1.2 The CITY agrees that It will furnish to the CONSUL TANT available data and documents in the CITY possession pertaining to the WORK to be performed under this AGREEMENT promptly after the issuance of the Notice to Proceed and upon written request of the CONSULTANT. 2.0 S009e of Services, The CONSULTANT shaH pedorm the work as set forth in the Scgpe of Services as described in the Notice to Proceed. 3.0 Time for CQmpletign 3.1 The services to be rendered by the CONSULTANT for any WORK shall be commenced upon receipt of a written Notice to Proceed from the CITY subsequent to the execution of this AGREEMENT and shall be completed within the time set forth in the Notice to Proceed or other document signed by the City Manager, or designee. 3.2 A reasonable extension of time will be granted in the event there is a delay on the part of the CITY in fulfilling its part of the AGREEMENT, change of scope of work or should any other events beyond the control of the CONSUL TANT render performance of his duties impossible. 4.0 Basis of Compensatlon; The fees for services of the CONSUL TANT shall be determined by one of the following methods or a combination thereof, as mutually agreed upon by the CITY and the CONSULTANT. ◄. I A fixed sum: The fee for a task or a scope of work may be a fixed sum as mutually agreed upon by the CITY and the CONSUL TANT and if such an agreement is reached, it shall be in writing. signed by the CONSULT ANT and the City Manager and attached hereto as ATTACHMENT A: 4.2 Hourly rate fee: If there is no fixed sum or if additional work is requested without an agreement as to a fixed sum, the CITY agrees to pay, and the CONSUL TANT agrees to accept. for the services rendered pursuant to this AGREEMENT, fees In accordance with the hourly rates that shall include all Page 51 of 66 Clly of SOulh Miami • RFQ ePW201~221 Profes5ionol Genarcl Engineering and Archilec:lurol semc:es 111-45 60157 QualfflcaHon Statement-Part 2 -stcndard fomls wages, benefits, overhead and profit and that shall be In writing, signed by the CONSULTANT and the City Manager and attached hereto as ATTACHMENT A. 5.0 Pa,yment and Partial PAyments. The CITY will make monthly payments or partial payments to the CONSULTANT for all authorized WORK performed during the previous calendar month as set forth in the schedule of payment as set forth in ATTACHMENT A or, if no schedule of payment exhibit is attached to this AGREEMENT then payment will be made 3Q days following the receipt of CONSULT ANT's invoice as the work progresses but only for the work actually performed and approved in writing by the City Manager. 6.0 Right of Decisions. All services shall be performed by the CONSULT ANT to the satisfaction of the CITY's representative, who shall decide all questions, difficulties and disputes of whateVer nature which may arise under or by reason of this AGREEMENT, the prosecution and fulfillment of the services, and the character, quality, amount and · value. The representative's decisions upon all claims, questions, and disputes shall be final, conclusive and binding upon the parties unless such determination is clearly arbitrary or unreasonable. In the event that the CONSUL TANT does not concur in the judgment of the representative as to any decisions made by him, CONSULTANT shall present his written objections to the City Manager and shall abide by the decision of the City Manager. 7.0 Ownership of Documents, All reports and reproducible plans. and other data developed by the CONSULT ANT for the purpose of this AGREEMENT shall become the property of the Cln' without restriction or limitation. 8.0 Audit Rights, The CITY reserves the right to audit the records of the CONSUL TANT related to this AGREEMENT at any time during the execution of the WORK and for a period of one year after final payment is made. This provision Is applicable only to projects that are on a time and cost basis. 9.0 Truth-in Negotiations: If the contract amount exceeds the threshold amount provided ins. 287.017 for category four, the CONSULTANT shall execute a truth-in-negotiation certificate stating that wage rates and other factual unit costs supporting the compensation are accurate, complete. and current at the time of contracting. In such event, the original contract price and any additions thereto shall be adjusted to exclude any significant sums by which the City determines the contract price was increased due to inaccurate, incomplete, or noncurrent wage rates and other factual unit costs. All such contract adjustments must be made · within one year following the end of the contract. 10.0 Subletting, The CONSULTANT shall not assign or transfer its rights under this AGREEMENT without the express written consent of the CITY. The CITY will not unreasonably withhold and/or delay its consent to the assignment of the CONSUL TANT's rights. The CITY may, In its sole discretion, allow the CONSUL TANT to assign its duties, obligations and responsibilities provided the assignee meets all of the CITY's requirements to the CITY's sole satisfaction. The CONSULT ANT shall not subcontract this AGREEMENT or any of the services to be provided by it without prior written consent of the CITY. Any assignment or subcontracting In violation hereof shall be void and unenforceable 11.0 Unauthorized Allens; The employment of unauthorized aliens by the CONSUL TANT is considered a violation of Federal Law. If the CONSULT ANT knowingly employs unauthorized aliens, such violation shall be cause for unilateral cancellation of this AGREEMENT. This applies to any sub-CONSULTANTs used by the CONSULTANT as well. The CITY reserves the right at Its discretion, but does not assume the obligation, . Page 52 of 66 OlyofSouthMlomi .RFQ tPW2016-22 I Profe91onal General Engineering and An:hitec:tural Services 115 46 61158 Quallficotlon statement -Port 2 • Standard Forms to require proof of valid citizenship or, in the alternative, proof of a valid green card for each person employed in the performance of work or providing the goods and/or services for or on behalf of the CITY including persons employed by any independent contractor. By reserving this right, the CITY does not assume any obligation or responsibility to enforce or ensure compliance with the applicable laws and/or regulations. 12.0 Warramy. The CONSULT ANT warrants that it has not employed or retained any company or person, other than a bona fide employee working solely for the CONSULT ANT, to solicit or secure this contract and that he has not paid or agreed to pay any company or person other than a bona fide employee working solely for the CONSULTANT any fee, commission, percentage fee, gifts or any other considerations contingent upon or resulting from the award or making of this contract. For breach or violation of this warranty, the CITY shall have the right to annul this contract without liability. 13.0 Termjnation. It is expressly understood and agreed that the CITY may terminate this AGREEEMENT for any reason or no reason and without penalty by either declining to issue Notice to Proceed authorizing WORK. or, if a Notice to Proceed is issued, CITY may terminate this AGREEMENT by written notice to CONSUL TANT, and in either event the CITY's sole obligation to the CONSUL TANT shall be payment for the work previously authorized and performed in accordance with the provisions of this AGREEMENT. Payment shall be determined on the basis of the work performed by the CONSUL TANT up to the time of termination. Upon termination, the CITY shall be entitled to a refund of any monies paid for any period of time for which no work was performed. 14.0 Toan. This AGREEMENT shall remain in force until the end of the term, which includes all authorized renewals, or unless otherwise terminated by the CITY. The term of this agreement is three (3) years from the issuance of the Notice to Proceed and one two- year option-to renew. The option to renew is at the discretion of the City Manager. The CITY may terminate the contract without cause following 30 da~ advanced notice to the CONSUL TANT. However, in no event shall the term exceed five (5) years following the issuance of the Notice to Proceed. 15.0 Default. In the event either party fails to comply with the provisions of this AGREEMENT, the aggrieved party may declare the other party in default and notify the defaulting party in writing. If CITY is in default, the CONSULT ANT will only be compensated for any completed professional services and CONSUL TANT shall not be entided to any consequential or delay damages. In the event that partial payment has been made for such professional services not completed, the CONSUL TANT shall return such sums to the CITY within ten ( I 0) days after notice that said sums are due. In the event of any litigation between the parties arising out of or relating in any way to this AGREEMENT or a breach thereof,· each party shall bear its own costs and legal fees. 16.0 Insurance and Indemnification. The CONSULTANT agrees to comply with CITY's Insurance and Indemnification requirements that are set forth in ATTACHMENT B to this AGREEMENT. 17.0 Agreement Not Exclusive. Nothing in this AGREEMENT shall prevent the CITY from employing other CONSULTANTS to perform the same or similar services. 18.0 Codes, Ordinances and Laws. The CONSUL TANT agrees to abide and be governed by all duly promulgated and published municipal, county, state and federal codes, ordinances, rules, regulations and laws which have a direct bearing on the WORK involved on this project. The CONSUL TANT is required to complete and sign all affidavits, including Public Entity Crimes Affidavit form (attached) pursuant to FS 287.133(3) (a), as required by the CITY's solicitation, if any, applicable to this Page SJ of 66 City ol SOV!h Miami • RFQ OPW2016-22 I ProfessiOnol General Engineering and Archllecturol Ser,iees l 16 47 62159 Quallffcatton Statement -Port 2 -Standard Forms AGREEMENT. 19.0 ill§. CONSULTANT shall be responsible for payment of all federal, state, and/or local taxes related to the Work, inclusive of sales tax if applicable. 20.0 Drug Free Workplace. CONSULT ANT shall comply with CITY's Drug Free Workplace policy which is made a part of this AGREEMENT b)t reference. 21.0 Inda.pendent Contractor. CONSULTANT is an independent entity under this AGREEMENT and nothing contained herein shall be construed to create a partnership, joint venture, or agency relationship between the parties. 22.0 Duties and Responsibilities. CONSULTANT agrees to provide its services during the term of this AGREEMENT in accordance with all applicable laws, rules, regulations, and health and safety standards of the federal, state, and CITY, which may be applicable to the service being provided. 23.0 Licenses and Certifications. CONSULTANT shall secure all necessary business and professional licenses at its sole expense prior to executing the AGREEMENT. 24.0 Entire Agreement. Modification, and Binding Effect: This AGREEMENT constitutes the entire agreement of the parties, incorporates all the understandings of the parties and supersedes any prior agreements. understandings, representation or negotiation, written or oral. This AGREEMENT may not be modified or amended except in writing, signed by both parties hereto. This AGREEMENT shall be binding upon and inure to the benefit of the City of South Miami and CONSULT ANT and to their respective heirs, successors and assigns. No modification or amendment of any terms or provisions of this AGREEMENT shall be valid or binding unless it complies with this paragraph. This AGREEMENT, in general, and this paragraph, in particular, shall not be modified or amended by acts or omissions of the parties. If this AGREEMENT was approved by written resolution of the City Commission, or if such approval is required by ordinance or the City Charter, no amendment to this AGREEMENT shall be valid unless approved by written resolution of the City Commission. 25.0 lury Trial. CITY and CONSULTANT 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 this AGREEMENT or the performance of the Work thereunder. 26.0 Validity of Executed Copies. This AGREEMENT may be executed in several counterparts, each of which shall be construed as an original. 27 .0 Rules of Interpretation: Throughout this AGREEMENT the pronouns that are used may be substituted for male, female or neuter, whenever applicable and the singular words substituted for plural and plural words substituted for singular wherever applicable. 28.0 Severablliey. If any term or provision of this AGREEMENT or the application thereof to any person or circumstance shall, to any extent, be invalid or unenforceable, the remainder of this AGREEMENT, or the application of such term or provision to persons or circumstances other than those to which It is held Invalid or unenforceable, shall not be affected thereby and each and every other term and provision of this AGREEMENT shall be valid and enforceable to the fullest extent permitted by law. 29.0 Cumulative Remedies: The duties and obligations imposed by the contract documents, if any, and the rights and remedies available hereunder, and, in particular but without limitation, the warranties, guarantees and obligations imposed upon CONSUL TANT by the Contract Documents, if any, and this AGREEMENT and the rights and remedies available to the CITY hereunder, shall be In addition to, and shall not be construed in any way as a limitation of, any rights and remedies available at law or in equity, by special guarantee or by other provisions of the Contract Documents, if any, or this AGREEMENT. In order to entitle any party to exercise any remedy reserved to it in this Page54 of66 Ctty of South Miami • RfQ l'IPW2016-22 I Plofesslonal General Engineering and Architectural SeMces 117 48 63160 Quo!Ulcoiion Stoiement • Port 2 • Stancio:d Forms AGREEMENT. or existing in law or in equity, it shall not be necessary to give notice, other than such notice as maybe herein expressly required. No remedy conferred upon or reserved to any party hereto, or existing at law or in equity, shall be exclusive of any other available remedy or remedies, but each and every such remedy shall be cumulative and shall be in addition to every other remedy given under this AGREEMENT or hereafter existing at law or in equity. No delay or omission to exercise any right or power accruing upon any default shall impair any such right or power or shall be construed to be a waiver thereof. but any such right and power may be exercised from time to time as often as may be deemed expedient. · 30.0 Non-Waiver. CITY and CONSUL TANT agree that no failure to exercise and no delay in exercising any right. power or privilege under this AGREEMENT on the part of either party shall operate as a waiver of any right. power, or privilege under this AGREEMENT. No waiver of this AGREEMENT, in whole or part. including the provisions of this paragraph, may be implied by any act or omission and will only be valid and enforceable if in writing and duly executed by each of the parties to this AGREEMENT. Any waiver of any term, condition or provision of this AGREEMENT will not constitute a waiver of any other term. condition or provision hereof, nor will a waiver of any breach of any term, condition or provision constitute a waiver of any subsequent or succeeding breach. The failure to enforce this AGREEMENT as to any particular breach or default shall not act as a waiver of any subsequent breach or default. 31.0 No Discrimination and Equal Employment: No action shall be taken by the CONSULT ANT. nor will it permit any acts or omissions which result in discrimination against any person. including employee or applicant for employment on the basis of race, creed, color. ethnicity, national origin, religion. age, sex, familial status, marital status, ethnicity. sexual orientation or physical or mental disability as proscribed by law and that it will take affirmative action to ensure that such discrimination does not take place. The CONSULT ANT shall comply with the Americans with Disabilities Act and it will take affirmative action to ensure that such discrimination does not take place. The City of South Miami's hiring practices strive to comply with ·all applicable federal regulations regarding employment eligibility and employment practices in general. Thus, all individuals and entities seeking to do work for the CITY are expected to comply with all applicable laws, governmental requirements and regulations, including the regulations of the United States Department of Justice pertaining to employment eligibility and employment practices. By signing this AGREEMENT. the CONSUL TANT hereby certifies under penalty of perjury, to the CITY, that CONSUL TANT is in compliance with all applicable regulations and laws governing employment practices. 32.0 Governing Laws. This AGREEMENT and the performance of services hereunder will be governed by the laws of the State of Florida. with exclusive venue for the resolution of any dispute being a court of competent jurisdiction in Miami-Dade County, Florida. 33.0 Ef(ectiye Date. This AGREEMENT shall not become effective and binding until it has been executed by both parties hereto, and approved by the City Commission if such approval is required by City's Charter. and the effective date shall be the date of its execution by the last party so executing it or if City Commission approval is required by the City's Charter, then the date of app~oval by City Commission, whichever is later. 34.0 Third Pan;y Beneficiary. It is specifically understood and agreed that no other person or entity shall !>e a third-party beneficiary hereunder. and that none of provisions of this AGREEMENT shall be for the benefit of or be enforceable by Page ss of 66 City of Sou1h Miami -RFQ CIPW201.S-22 I Professional Generol Engineering ond Ardlitec:turcl Se!vlces 118 49 64161 Quallffcoflon Statement -Part 2 -standord Forms anyone other than the parties hereto, and that only the parties hereto shall have any rights hereunder. 35.0 Further Assurances. The parties hereto agree to execute any and all other and further documents as might be reasonably necessary In order to ratify, confirm, and effectuate the Intent and purposes of this AGREEMENT. 36.0 Jjme of Essence. Time is of the essence of this AGREEMENT. . 37.0 lnterpretadon. This AGREEMENT shall not be construed more strongly against either party hereto, regardless of who was more responsible for its preparation. 38.0 Force Majeure. Neither party hereto shall be In default of its failure to perform its obligadons under this AGREEMENT if caused by acts of God, civil commotion, strikes, labor disputes, or governmental demands or requirements that could not be reasonably antidpated and the effects avoided or mitigated. Each party shall notify the other of any such occurrence. 39.0 Subcontractln~ If allowed by this AGREEMENT, the CONSULTANT shall be as fully responsible to the CITY for the acts and omissions of Its subcontractors/subconsultants as it is for the acts and omissions of people dlrecdy employed by It. All subcontractors/subconsultants and their agreements, if allowed by this AGREEMENT, must be approved by the CITY. The CONSUL TANT shall require each subcontractor, who is approved by the CITY, to agree In the subcontract to observe and be bound by all obligations and conditions of this AGREEMENT to which CONSULT ANT is bound. 40.0 Publjc Records: CONSULTANT and all of Its subcontractors are required to comply with the public records law (s.119.070 I) while providing goods and/or services on behalf of the CITY and the CONSULTANT, under such conditions, shall Incorporate this paragraph in all of its subcontracts for this Project. Under such condition, CONSUL TANT 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 shall 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 shall 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 as compatible with the information technology systems of the public agency. IF THE CONTRACTOR HAS QUESTIONS REGARDING THIE APPLICATION OF CHAPTER I 89, FLORIDA STATUTES, TO THIE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT 305-663-6340; E-mail: mmenendez@southmlamifl.gov; 6130 Sunset Drive, South Miami, FL 33 I 43. 41.0 Notices. Whenever notice shall be required or permitted herein, it shall be Page 56of66 CltyofSoulhMlomi -RFQ #PW2016-22 I. Professional General Engineering ond Archlteciurol Se1v1ces 1 19 50 65162 Quallfico1ion Statement -Port 2 -Standord Forms delivered by hand delivery, e-mail (or similar electronic transmission), facsimile transmission or certified mail, with return receipt requested and shall be deemed delivered on the date shown on the e-mail or delivery confirmation for any facsimile transmission or, if by certified mail, the date on the return receipt or the date shown as the date same was refused or unclaimed. If hand delivered to the CITY, a copy must be stamped with the official City receipt stamp showing the date of deliver; otherwise the document shall not be considered to have been delivered. Notices shall be delivered to the following individuals or entities at the addresses (including e-mail) or facsimile transmission numbers set forth below: To CITY: With copies to: To CONSULTANT: City Manager, 6130 Sunset Dr. South Miami, FL 33143 Tel: (305) 668-2510 Fax: (305) 663-6345 E-mail: salexander@southmiamifl.gov City Attorney 6130 Sunset Dr. South Miami, FL 33143 Tel: (305) 667-2564 Fax: (305) 341-0584 E-mail: tpepe@southmiamifl.goy 42.0 Corporate Authoric;y: The CONSUL TANT and its representative who signs this AGREEMENT hereby certifies under penalty of perjury that the CONSUL TANT and its representative have, and have exercised, the required corporate power and that they have complied with all applicable legal requirements necessary to adopt. execute and deliver this AGREEMENT and to assume the responsibilities and obligations created hereunder; and that this AGREEMENT is duly executed and delivered by an authorized corporate officer, in accordance with such officer's powers to bind the CONSUL TANT hereunder, and constitutes a valid and binding obligation enforceable in accordance with its terms. conditions and provisions. IN WITNESS WIHIIEREOF, this AGREEMENT was signed on or before the date first above written subiect to the terms and conditions set fo · City Clerk < C ULT. T: ByR e a, • sident Stantec Consulting Services Inc. (Print Name_~~ City of South Miami By:-~ _.....,.-s?even Alexander City Manager Page 57 of66 City of SOulh Miami • RfQ OPW2016-22 I ProfesslOIICII General Engineering and Arehlleeturol Selvlces 120 51 66163 Read and Approved as to Form. Language, Legality and Execution thereof: · :~~ By: ----------Thomas f. Pepe, Esq. City Attorney Page 58 of66 Qualification Statement-Pat 2-Standard Forms CllyolSoulhMlr.m,i • RfQ lll'\\'2016·22 j Prolos$1onal Genercl F.nglncciing and /,rcll!loclUtCI Setvicc-s I?. I 52 67164 r:i" ~ AllmYOlftlAMHJIMIC ADDENDUM TO PROFESSIONAL SERVICE AGREEMENT "Profaalaaal General Eqtnaerlna and Ardtltactural Servlcu" RFQIPWZOH-22 The City and CONSULTANT asree that a separate rotational 11st wDI be dedicated for work performed under a contlnulna professional service contract, as specified In the Scope of Services, for "Certified Arborlsts Services," and a separate rotational 11st will be established for all CCNA professfonal services. "Certified Arborlsts Services" Is defined as: o certified Arbortst Services: Consultant may be called upon to review all tree removal permit applications that are submitted to ensure compliance with the reaulatlons outlined In Section 20-4.5.1 of the City's Land Development Code. The review lpdudes the lnltlal site Inspection followed up by the determination of mitigation and a final Inspection. When needed, assist Oty Departments with other Issues related to the maintenance, pre&ervatlon, and protection of trees on both private and pubnc propertv. The rotational 11st for "Certified Arborlsts Services" wlll rotate every three (3) months among the CONSULTANTS. The Oty Intends to retain a maximum of four (4) quahfled firms under four (4) separate but similar Professional Services Asreements. ---~ CONSULTANT: ~ (Name of Signatory) Read and Approved as to Form, l.anauase, Lapllty and Execution thereof: --~~ By:--------- Thomas F. Pepe, aty Attorney ( 53 68165 ....... ,.,.,. ICIIIJII016 ATTACHMENT A ••COMPENSATION• PROFDIIONAIL IIIIIMCIE AGREEMENT .. ,,,.,.., .... General llqfnaerfnsaind Arddtactunll ..,..._. RFQIPWJll6-U PageStofM 1«1 54 69166 Professional General Engineering & Architectural Services RFQ #PW2016-22 Wage Rates Summary Job Classification City of South Miami Benchmark Hourly Rate Principal $180.00 Sr. Project Manager $170.00 Project Manager $160.00 Senior Engineer $145.00 Senior Planner $125.00 Planner $85.00 Senior Traffic Engineer $125.00 Traffic Engineer $85.00 Senior Designer/Engineer $90.00 Designer $80.00 Engineering Intern $95.00 Senior CADO Technician $100.00 CADD Technician $65.00 GIS Technician $80.00 Senior Construction Inspector $90.00 Construction Inspector $75.00 Senior Landscape Architect $125.00 Landscape Architect $115.00 Landscape Architect Intern $70.00 Arborist $75.00 Utility Coordinator $90.00 Surveyor/ Mapper $85.00 Survey Technician $60.00 2-Man Survey Crew $115.00 3-Man Survey Crew $125.00 4-Man Survey Crew $135.00 Fire Protection Engineer $90.00 Plumbing Engineer $90.00 Mechanical Engineer $90.00 Electrical Engineer $90.00 Geotechnical Engineer $120.00 Geologist $90.00 Environmental Scientist $85.00 Senior Administrative Assistant $65.00 Clerical $45.00 55 70167 A "IITACIHIMIENIT..11 INSURANCE Ir INDEIMINBFBCA TOON REQUIRIEMEINITS 1.010 lnsuranca PROFEISBONAL IIERVICli AGIIE!MENT . "Prof'eulamB Genenll Englneerln, and AftitltracturmB Servlcel" IIFQ #ll'W2016-22 A. Wllhout hmltlng hs llablll1r, the contractor, consulmnt or consuhlng firm (hereinafter referred to as "FIRM" with regard to lniurance and Indemnification requirements) shall be required to procure and malmain at its own expense during die life of die Connet. Insurance of the types and In the minimum amounts Slaled below as wlll procect die FIRM, from dalms which may arise out of or result from the conll'llCt or Iha performance of the comracc whh die OJ of Soudl Miami. whether such claim Is against dte FIRM or any sub-comraaor, or by anyone directly or lndlrecdy employed by any of them or by anyone for whose aces any of them may be liable. B. No lnsunnce required ~ the CITY shall !be Issued or wrtuen by a surplus lines carrier unless authorized In wrtdng by die CITY and such authorization shall be at die CITY's sale and absolute disaef;lon. The FIRM shall purchase Insurance from and shall maintain the Insurance wldl a company or companies lawfully audaorized to sell Insurance In the Siate of Florida. on forms approved by die State of Florida. as wltl protect.die FIRM. at a minimum, from all dalms as set fonh below which may arise out of or resuk from die FIRM's operations under the Connet and for which the FIRM may be leplly liable. whether such operations be by the FIRM or by a Subcontractor or by anyone dlrecdy or indlrecdy employed by any of them. or by anyone for whose acts any of them may be Hable: (a) dalms under workers' compensation, disability benefit and other sfmllar emploJee beneftt acts which are appllcable to the Work to be performed; (b) clafms for damages because of bodily injury, otcupational sickness or disease. or death of the FIRM's employees: (c) claims for damages because of bodily Injury, sickness ar disease. or death of any person other than the FIRM's employees; (cl) claims for damaps Insured by usual personal lnJury llabllhJ coverage: (e) claims for damages. other lhan to the Wen itself, because of lnJury to or destruction of Qnglbte property, lndudlng loss of use rasuldng there from: (t) clabns for damages because of bodily Injury, deach of a person or property dama&e arising ouc of ownership. malmenance or use of a motor vehlde; (I) claims for bodlly Injury or property damage Irising out of completed operations; and (h) claims lnvafvlng comractual llablllty Insurance applicable to the RRM's obllgadons under the Contract. 1.011 Bao', Insurance GenaraOJ. The FIRM shall provide and malnaln 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 spedfled hereinafter), the Insurance coverage written on Florida approved forms and as set forth below: . . 1.012 Workers' Compensation Insurance at tha statutory amount as to all employees in compliance with the 'Workers' Compensation Law" of the State of Florida lnduding Chapter 440, Florida S~ces. _as presently written or hereafter amended, and all applicable federal laws. Thomuf.Pe,e IOIIJ/2011 Page 60 of 66 . 145 56 71168 (4) a poftcy provision or an endorsement with subnandally similar provisions u follows: . "This policy shall not be cancefled ~ndudlng cancelladon for non-payment of premium). termlnaled or materially modlfted wldlout first giving die Ch;y of Soudl Miami ten (10) days advanced written notice of the Intent to materlallv modify the pohcy or to cancel or terminate the pollcy for any reason. The nodflcattan shall be dellvered to the Clf¥ by cee dfted mal~ wim proof of delivery totheC1tr.11 J. If the FIRM Is provldJna professional services. such as would be p1 ovkled by an archl1ec:t. engineer, auarney, or accoum:anc. u, name a few, men In such avant and In addldon to die above requirements. the FIRM shall also provide Professlonal Uablllty Insurance on a Florida approved form In the amount of $1,000.000 with deducdbfe per dalm If any. not to exceed SS of the limit of liabllh1 provldln& for all sums which the FIRM shall become legally obligated to pay as cfama&es for clalms arlslna out of the services or work performed by the FIRM Its agems. representadves. Sub Contractors or assigns. or by any person employed or recalned by him In connecdon with chis Aareement-This tnsurance shaD be maJmalned for four years after compledon of die construcdon and acceptanee of any Pro)act covered by this Aanement, However, the FIRM may purchase Speclt1c Proiect Professional Uabllh1 Insurance. In the amount and under the terms spedfted above. which Is also acceptable. No Insurance shall be issued by a surplus Ones carrier unless authorized In wrtdng by die chJ at the city's sole. absolute and unfeaared dlscredon. ll!lldemnlflcalon Requnrement G. The Rrm accepu and volumarlly lnaars aD risks of any lnJurles, damages, or harm which might arise durins the work or event that Is occurrln, on the CITY's proper11 due to the neaftaence or other fault of the Finn or anyone acdng through or on behalf of die Firm. H. The Finn shall Indemnify, defend, save and hold arY, its officers, affiliates. emplorees. successors and aaf&ns. harmless from any and aD damaps. dalms, liability, losses, clalms. demands. suta. fines. Judgmems or cost and expenses, lndudlng reasonable attorney's fees. paralepl fees and lnvesdptlve costs Incidental there to and Incurred prior to, during or foUowing any lltipdon, medladon, arbitradon and at aD appellace levels. which may be suffered by, or acaued against. charged to or recoverable from the City of Soudl Miami, la officers. affiliates, employees. successors and assigns. by reason of any causes of acdons or claim of any kind or nature, Including claims far lnJury to. or death of any peno!9 or persons and for the loss or darna&e to any property arising out of a negllgent error. omission, misconduct, or any gross negligence. intentional act or harmful conduct of die Firm, Its contractor/subconncror or any of chelr officers. direaors, agems, representatives, employees, or asslps, or anyone acting through or on behalf of any of chem. arising out of this Agreement. lnddent to It. or rvsuldn, from the performance or non-performance of lhe Firm's obllpdons under this AGREEMENT. I. The Rnn shaD pay all dalms. losses and expenses of any kind or nature whatsoever, In connection therewith, induding the expense or loss of the CITY and/or Its affected Page63of66 n.m. ,. Pepe ll/1Jll016 148 59 72169 ofRara. affiUatm. emploJees. succeaon and ........ lndudin& their auorney's fees. In die defense of any action In law or equity brou&ht aplnst them and arising from the nealfpnt error, omission, or act of the Firm. Its Sub-Contractor or any of their qertts. represall1lllve emplopes. ar mfpl. and/or arising out of. or lnddant to. this Aareemn, or lncldentt.o or resuldn& from the perfonnance or non-performance of die Firm's oblprb11 under this AGREEMENT. J. The Rrm a,ees and reqnllll that neither the CITY nor Ill offlcen. afflllates. mtploJees. successot1 and assl&nS shall be held Uable or responsible for any dalms, lndudlna the costs and expenses of defendlna such dalms which may result from or arise out of acdons or amlsslons of cha Firm. Its contractar/subcomracmr or any of chair.-. -.asenl:ldvel. employees. or assigns. or anyone acting lhrou.gh or on behalf of the them, and arilfng out of or conc:ernin& the work or event chat Is ~ on the CITY's property. In ravlawhlf, approving or n,Jecdna any submissions ar acts of die Firm. CRY In no Wfl/ assumes or shares responslblhtv ar llablU., for the am or . omissions of die Firm. Its comract.orlsubcontraaor or any of their lplltS. representatiYes employees. or ..... or anyone acdna thrauah or on behalf fJf diem. . K. The Finn Im the dulJ • provide a delense with an auoma, or law flnn approved by the Or of SoUlla Miami. which approval wlO not be unreasonably wllhheld. L However. u to dasJarl profaalanal contracts. and punuant to Sectfon 725.08 (I), Flartcla Stalutes, none of h! provisions set forth herein above that are In conftlcc wldl dlls subpan&raph shall apply and chis subpanaraph shall sec form the sole responslbUlty of the cresw-prafasslonal concerning lndemnlftcadon. Thus, the deslp professlonafs obllpdons u to the Chf and tcs agencies. as well u to its officers and employees. ls to Indemnify and hold diem harmless from llabllldes. damages. losses, and cons, lncludlna, but not llmlted to, reasonable mome,s' fees. to die extent caused by the nealJlence, recldeamess, or lnllndonally wronaful conduce of the desl&n professional and other penona employed or utlhzed by the clesip professional In the performance of the contract. 'lllanlaF .... IOIIIIIOIG THIS IS INCWDED IN THE GENERAL CONDITIONS END OF SECl10N PapMof6G 149 60 STANTEC Vice Mayor Robert C. Welsh Jr. Park Survey Results, July 2020 - Page 1 of 6 VICE MAYOR ROBERT C. WELSH JR. PARK SURVEY More than 90 community members participated in the Vice Mayor Robert C. Welsh Jr. Park online survey (previously known as Ludlam Glades Park). Participants evaluated the conceptual site plan as shown on the project website, www.ludlamgladespark.com, and offered their input on features as shown, additional or different features, and general comments, among other questions. The following responses summarize the feedback gathered during the survey process. Q1. Please select your TOP FIVE features for this park: Q2. There are a few features that will not be in the park, including a pool, splash pad, dog park, nighttime lighting, restrooms, or enclosed facilities to help maintain the neighborhood experience. What other features, excluding those above, would you like to see included?  another pier/deck to fish off of  parking  Fishing  keep all mature trees remaining on site; add signage explaining the natural features of the area - esp before canals were dug and the land drained for development  Canoe launch area  paddle board rental  Heavily planted with native plants that are appropriate to the site to enhance environmental values. Be a part of "Connect to Protect".  More natural open space.  I would like the playground to not be the exact same as brewer and Dante Fassell for toddlers.  eaduqnuadiqdq  Trees!  Trees with canopies for shade 0 10 20 30 40 50 60 70 80 90 Sand Volleyball Court Large Picnic Pavilion for Rental Outdoor Exercise Equipment Neighborhood Garden Open-grassed Active Recreation Half-court Basketball Court Open-grassed Passive Area Trellis & Enhanced Landscape Meandering Walkways Small Gazebos / Pavilion Fishing / Water Observation Dock Children's Playground / Play Area Votes: 73170 STANTEC Vice Mayor Robert C. Welsh Jr. Park Survey Results, July 2020 - Page 2 of 6  posted bird-watching information advising visitors what birds can be spotted in South Miami.  Shelter over tot area. No on-site parking, so it caters to local, walkable residents  Splash pad  Mature NATIVE shade trees  native plants  Rock pit like the one at the University of Miami, Bat houses, native pine trees,  Racquetball half court  racquetball court  why not a splash pad when 6 months of the year are extremely hot?  Restrooms, perhaps make it a large zen garden where people can go to think and just mentally relax  Outdoor exercise classes  Water splash in the kids area  A “natural” area with native plantings. We need GREEN space—not more impervious asphalt/concrete. A “nature park” instead of a basketball court.  canoe kayak boat ramp  N/A  vending area for drinks/snacks, recycling bins  Trees  Bicycle station  Mini splash pond  Kayak launch  A walking or jogging padded pathway around the perimeter  If you're going to build a basketball court, make a full court/  Benches and restroom  Park enclosure  benches  designated Bike area and racks, water fountain, permanent hammocks  cafeteria  Canoeing & kayaking possibilities  I'd like to re-vamp the landscape with native plants. The hedge along the street of cocoplums is lovely - this is a native plant with edible fruit, a favorite for making jam! and also for wildlife enjoyment. As a former member of the city's urban landscape committee, I would love to help with the design and execution of plantings (and removals/substitutions).  Butterfly garden  A feature spot/mural will be a cool spot for IG selfies. Public wifi.  Walking trails, dog-free zones  Walking trail, park benches  Playground should be covered  Native plants (trees, shrubs, wildflowers) for nature appreciation  name tags for Florida native plants and trees  Please describe playground equipment planned and amount  NO plastic anything. Plenty of trees. :)  The existing deck structure probably won't meet code.  Parking  Tennis Court Continue to Next Page 74171 STANTEC Vice Mayor Robert C. Welsh Jr. Park Survey Results, July 2020 - Page 3 of 6 Q3. If any, what are the ages of the children in your household? Q4. Are you a resident of the City of South Miami? 29%(0 -5 yrs) 24%(6 -10 yrs)15%(11 -15 yrs) 11%(16 -18 yrs) 21%(No Children) 0 to 5 years 6 to 10 years 11 to 15 years 16 to 18 years No Children 8%(No) 92%(Yes) No Yes 75172 STANTEC Vice Mayor Robert C. Welsh Jr. Park Survey Results, July 2020 - Page 4 of 6 Q5. What street do you live on?  75th terrace  SW 55 Lane  SW 64th CT  Trillo Ave, 1 1/2 blocks north of Red Road (so very, very close to SoMi)  64th Court  74th place  63 ave  82 St. and 72 Ct.  SW 63rd  63rd ave  68th  75th Ter  Sw 75th ter  75th terrace  67 ave  7440 sw 67ave  6560 southwest 76 street  67 ave  SW 67th Ave.  63rd Ave and 75th street mom  Sw 63rd avenue  78th terrace  74th St  Sw 65 pl  78 terrace  6557 SW 78 TERRACE  67th Ave  75 st  64 Ct  76 Ter  76 Terrace  68th Avenue  67 Court  79 terr  83rd street  63rd Ter  Sw 71 lane  5555 SW 67TH AVE APT 501  76 Terrace  65th Avenue  SW 65th Place  SW 62nd Court  77 Terr  77 Terr  66 avenue and 55th Lane  72st  74th Terrace  62nd Court  72 AVE  66th st  76  SW 57th St  68th street  SW 55 Lane  75th Ter  74th terrace  67th and 78th ter sw  57th st  61st Street  Ludlum  78th Terrace  S.W. 68th St  75th street  57 Av  SW 42 Street  63 Ave  48th Lane  74  SW 64 Court  7641 SW 65th PL  57 St  76 st and 60 Ave  66th Street  59 court  59th place  SW 58 Ave  67 ave  Miller Drive  64 court  74 street  63rd Court/Sunset  64Th CT.  63rd Court  42nd  77th terrace  76  6625 SW 79TH ST  64 Avenue  SW 64 Ct  57th ave & Red Road  Continue to Next Page 76173 STANTEC Vice Mayor Robert C. Welsh Jr. Park Survey Results, July 2020 - Page 5 of 6 Q6. Which of the following days would be most convenient for you to attend a virtual community meeting? Q7. Please provide additional comments you may have regarding Vice Mayor Robert C. Welsh Jr. Park.  Can't wait!  parking continues to be a huge concern... how about a joint effort with Ludlam elementary to allow park guest to use their east lot to park. Another option would signage and enforcement to keep people from parking all over our lawns...  Happy to see that South Miami is adding this park!!  Very cute idea, but renting gazebos for parties may become problem  There are too many sterile, difficult to maintain parks that offer no real environmental stability or enhancement. The park should be built with long- term stability and low maintenance as the primary considerations. Avoid the distractions and artificiality of our times, and create something that will provide something positive for the natural environment, the biotic community of people and other creatures and plants, and require little energy inputs or chemicals to maintain.  There is a really nice half court at brewer a few blocks away, I know this is radical but make it open space to play and enjoy the views of waterfront. Open space is so desirable these days.  Playground needs to be shaded because of heat and hopefully soft playground turf.  "A playground is good for the community because we have a lot of kids around. A basketball court is unacceptable. The crowd is completely different, and the house can be more exposed to crimes and unwanted visitors. Coming from the grove, basketball courts are more prone to fights and drugs. Something that I will never like to be close to. We moved recently to the area because is quiet and you know the people around. A park with a basketball court is a game changer.  I use to live in North Bay Village and in Harbor Island they have a park that is the perfect fit for this community."  Great idea and much needed!  A sand volleyball court is far more preferable, more visually appealing, and more versatile than a half basketball court. 40%(Tuesday) 34%(Thursday) 26%(Saturday) Tuesday - 6:30 pm Thursday - 6:30 pm Saturday - 10:00 am 77174 STANTEC Vice Mayor Robert C. Welsh Jr. Park Survey Results, July 2020 - Page 6 of 6  Very excited about the park and looking forward to the process starting!  The park should be aimed towards the need of the immediate neighborhood residents (south of Sunset, north of US 1). Due to increased traffic and the relatively small size of the lot, I would recommend not building any parking spaces and aim the services for residents living with walking distance.  water fountain for drinking water would be ideal, swings should be part of the children's playground, grills for grilling.  Excited to have this space in our neighborhood.  I am so excited to finally get a park in our neighborhood - which is FULL of young kids! So grateful to the City for doing this. The word has spread and the kids are very excited as well.  The way you have the features listed is too spread out sone should be combined like meandering walkway and trellis and fishing dock could all be under one check then people are free to choose the other less natural features they see as important  This is sorely needed as we do not have a park in this area for our kids without crossing a major street.  This park space is something us neighbors have lobbied for years. It should be mainly passive—a “tot lot“ with appropriate equipment as well as adult exercise equipment along the meandering path. The small shelters and benches are great for small family socializing. This needs to be mainly passive with a nice passive natural area which provides for greater appreciation of our environment and habitat for neighborhood wildlife.  Costs please  Good idea however the parks that are already in south Miami need to be managed and taken care of better  To build the parking area far from the community houses. Keep it distant from our houses.  Thank you for seeking input.  Just concerned about parking space.  Looks GREAT! We are really excited as it’s walking distance to us. There should be signs advising the hours it should be open till  I am really excited to see this park near our home. Thank you.  Why would we not have nighttime lighting? I think this could present a safety hazard.  Keep it simple.  Restrooms is a must! Specially now days with the virus going around. If you are building pavilions, you rent them for an event. You need restrooms.  Where would we park?  Canoe launch  Try to have mostly native plants  We are so happy this will be a neighborhood park! I think that a big pavilion for rental is a bad idea, especially since there will be no bathrooms, etc.  The dimensions of the park are not in this survey.  Love the concept of neighborhood parks  Respect flora and fauna  "We please need to find a safe way for half of the community to get to the park. Manor Lane is not safe for our children or us to walk with strollers.  Also, without parking facilities available, we should not have rental facilities. This was not the purpose of this park and will only create issues with neighbors. We have large parks for rental options."  No plastic of any kind, no plastic garbage can liners (recycled, post consumer could work). Encourage re-usable water containers. Any signage should be made from wood. Very relieved to hear there will be no lighting. Miami has become a ghastly light-polluted city. It's awful...fewer stars visible every year. =[  Initial impression, trying to do too much in the space that's given.  Plant Cypress along the canal. Pine Rockland's everywhere possible. Nix the black olive  "like to see variety of flowers . .  place for meditation would look great too . ." End of Survey Results 78175 DEVELOPED FOR:PERMITNUMBERDATEAPPROVALDATESUBMITTALAGENCYAPPROVALSCITY OF SOUTH MIAMIPROJECT No. 215600966INDEX OF SHEETSSHEET NO.C-00SHEET DESCRIPTIONCOVER SHEETwww.stantec.comThe Contractor shall verify and be responsible for all dimensions. DO NOT scale thedrawing - any errors or omissions shall be reported to Stantec without delay.The Copyrights to all designs and drawings are the property of Stantec. Reproductionor use for any purpose other than that authorized by Stantec is forbidden.901 Ponce de Leon Blvd. Suite 900Coral Gables, Florida 33134Tel. 305-445-2900Fax. 305-445-3344THE SCALE OF THESE DRAWINGS MAY HAVE CHANGEDDUE TO REPRODUCTIONVICE MAYOR ROBERT C. WELSH JR. PARKLOCATION MAPNC-03 - C-04GRADING PLANScale: NTSC-05WATER DISTRIBUTION PLANSOUTH MIAMI, FLORIDAL-0001DRAWING SUBMITTAL LOG & SHEET INDEXL-0002 - L-0009LANDSCAPE GENERAL NOTESLD-101VEGETATION DISPOSITION PLAN & SCHEDULELS-101 - LS-102SITE PLANLS-501 - LS-507SITE DETAILSLS-601MATERIAL & FINISHES SCHEDULE100% SUBMITTALAPRIL 2022G-01GENERAL NOTESC-01 - C-02GEOMETRY PLANPROJECT LOCATIONCITY COMMISSION:MAYOR: SALLY PHILIPSCOMMISSIONER: LUIS GILCOMMISSIONER: JOSH LIEBMANCOMMISSIONER: BRIAN COREYLP-101 - LP-102PLANTING PLANLP-501 - LP-502PLANTING DETAILSLP-601PLANTING SCHEDULES-01TOPOGRAPHIC SURVEYCOMMISSIONER: WALTER HARRISC-06DETAILSPROFESSIONALENGI N EER LI CENSEFLORIDANoSTTAEFO47660 CARLOS HERDOCIALD-102VEGETATION DISPOSITION PLAN176 1. CLEARING AND FILLING2. SUBGRADE CONSTRUCTION3. ASPHALT4. LIMEROCK CONSTRUCTION5. CONCRETE CONSTRUCTION6. FINALTHE FULL DEPTH OF ALL EXISTING ORGANIC AND DELETRIOUS MATERIALWITHIN THE RIGHT-OF-WAY AND UTILITY/ DRAINAGE EASEMENTS SHALL BEREMOVED. NO MATERIAL OF FDOT CLASS A-5, A-7 OR A-8 SHALL BEALLOWED.CONCRETE SHALL BE CURED BY WET BURLAP, VAPOR BARRIER OR CLEARCURING COMPOUND AS APPROVED BY THE ENGINEER.CONCRETE SHALL HAVE A MINIMUM 28 DAY COMPRESSIVE STRENGTH OF3000 psi.ALL WORK SHALL BE PERFORMED IN ACCORDANCE WITH SOUNDCONSTRUCTION PRACTICES TYPICAL OF THE SOUTH FLORIDA AREA AND INCOMPLIANCE WITH THE FLORIDA BUILDING CODE.SAWCUTS SHALL BE A MINIMUM OF 1/8" WIDE BY 1/2" DEEP TO CONTROLSHRINKAGE CRACKS.SAWCUTS OR SCORE LINES SHALL BE PLACED AT A MAXIMUM SPACING OF5'UNLESS OTHERWISE INDICATED.FINISHED CONCRETE SHALL HAVE A LIGHT BROOM FINISH.CONCRETE SHALL BE FORMED, TRANSPORTED, PLACED AND CURED INACCORDANCE WITH ALL APPLICABLE SECTIONS OF THE ACI STANDARDSPECIFICATIONS.LIMEROCK SHALL BE A MINIMUM LIMEROCK BEARING RATE OF (100) ANDORIGINATE FROM THE MIAMI FORMATION, HAVING A MINIMUMPERCENTAGE OF CALCIUM AND MAGNESIUM OF 60. BASE MATERIAL SHALLBE COMPACTED TO A DENSITY OF NOT LESS THAN 98% OF MAXIMUM DRYDENSITY AS DETERMINED BY AASHTO T-180.ALL CONCRETE EDGES SHALL BE TOOLED WITH A 1/4" QUARTER-ROUNDTOOL.PROCTORS SHALL BE PERFORMED ON ALL MATERIAL, SUBGRADE ANDBASE. ANY SUBSEQUENT CHANGES IN MATERIALS, LIMEROCK BEARINGRATIOS, SIEVE ANALYSIS AND DENSITIES REQUIRED BY THE CONTRACTDOCUMENTS SHALL BE SUBMITTED TO THE COUNTY.BASE AND SUBGRADE DENSITY TESTS SHALL BE CONDUCTED FOR AMAXIMUM 7000 SQUARE FEET OF FINISHED PAYMENT.ALL REPAIRS TO EXISTING PAVEMENT SHALL RECEIVE SAW-CUT EDGESPRIOR TO RELAYING ASPHALT. UTILITY PIPING OR WIRING LESS THAN FOUR(4) INCHES IN DIAMETER REQUIRES A SCHEDULE 40 PVC CASING PIPE WITHSAND BACKFILL UNDER PAVED AREAS ONLY.WHERE MATERIALS OR DEBRIS HAS WASHED OR FLOWED INTO, OR HAVEBEEN PLACED IN WATER COURSES, DITCHES, DRAINS, CATCH BASINS, ORELSEWHERE AS A RESULT OF THE CONTRACTOR'S OPERATIONS. SUCHMATERIAL OR DEBRIS SHALL BE REMOVED AND SATISFACTORILYDISPOSED OF DURING THE PROGRESS OF THE WORK, AND THE AREA KEPTIN A CLEAN AND NEAT CONDITION.THE CONTRACTOR SHALL RESTORE OR REPLACE, WHEN AND ASDIRECTED, ANY PUBLIC OR PRIVATE PROPERTY DAMAGED BY HIS WORK,EQUIPMENT, OR EMPLOYEES, TO A CONDITION AT LEAST EQUAL TO THATEXISTING IMMEDIATELY PRIOR TO THE BEGINNING OF OPERATIONS. TOTHAT END, THE CONTRACTORS SHALL DO AS REQUIRED, ALL NECESSARYHIGHWAY, DRIVEWAY, WALK AND LANDSCAPING WORK. SUITABLEMATERIALS AND METHODS SHALL BE USED FOR SUCH RESTORATIONS.DURING CONSTRUCTION, THE PROJECT SITE AND ALL ADJACENT AREASSHALL BE MAINTAINED IN A NEAT AND CLEAN MANNER, AND UPON FINALCLEAN-UP, THE PROJECT SITE SHALL BE LEFT CLEAR OF ALL SURPLUSMATERIAL OR TRASH. THE PAVED AREAS SHALL BE SWEPT BROOM CLEAN.3.CLEANING UP-2.A.1.8.7.6.5.4.NO TRENCHES OR HOLES NEAR WALKWAYS, IN ROADWAYS OR THEIRSHOULDERS ARE TO BE LEFT OPEN DURING NIGHT TIME HOURS WITHOUTEXPRESS PERMISSION OF BROWARD COUNTY PARKS AND RECREATION.ALL OPEN TRENCHES AND HOLES ADJACENT TO ROADWAYS ORWALKWAYS SHALL BE PROPERLY MARKED AND BARRICADED TO ASSURETHE SAFETY OF BOTH VEHICULAR AND PEDESTRIAN TRAFFIC.MAINTAINANCE OF TRAFFIC IN THE PUBLIC RIGHTS-OF-WAY SHALL BE INACCORDANCE WITH THE MANUAL OF UNIFORM TRAFFIC CONTROL DEVICES(M.U.T.C.D.)TEMPORARY FACILITIES-IT SHALL BE THE CONTRACTOR'S RESPONSIBILITY TO ARRANGE FOR ORSUPPLY TEMPORARY WATER SERVICE, SANITARY FACILITIES, ANDELECTRICITY.PRIOR TO THEIR CONSTRUCTION OR INSTALLATION, SHOP DRAWINGSSHALL BE SUBMITTED TO AND APPROVED BY THE ENGINEER OF RECORDFOR THE FOLLOWING ITEMS: ASPHALT DESIGN, CONCRETE DESIGN, PICNICSHELTERS, AND DRAINAGE STRUCTURES.VI. PROJECT CLOSEOUT:3.TRAFFIC REGULATION-2.B.1.V. TEMPORARY FACILITIES:A.IV. SHOP DRAWINGS:A.3.INSTALLATION-3.2.C.1.GENERAL-MATERIALS-2.B.1.VIII. MATERIALS:A.1.UPON COMPLETION OF CONSTRUCTION, THE CONTRACTOR SHALL SUBMITTO THE ENGINEER OF RECORD ONE COMPLETE SET OF ALL "AS-BUILT"CONSTRUCTION CHANGES AND DIMENSIONS, LOCATIONS AND ELEVATIONSOF ALL IMPROVEMENTS.DURING THE DAILY PROGRESS OF THE JOB, THE CONTRACTOR SHALLRECORD ON HIS SET OF CONSTRUCTION DRAWINGS THE EXACT LOCATION,LENGTH AND ELEVATION OF ANY FACILITY NOT BUILT EXACTLYACCORDING TO PLANS.ALL UNPAVED SURFACES SHALL BE RESTORED TO A CONDITION EQUAL TOOR BETTER THAN THAT WHICH EXISTED BEFORE THE CONSTRUCTION.STABILIZED SUBGRADE SHALL HAVE A MINIMUM LBR VALUE OF 40. THEMATERIAL SHALL BE COMPACTED TO A MINIMUM OF 98% OF THE MAXIMUMDRY DENSITY AS PER AASHTO T-180.REMOVE ALL DELETRIOUS MATERIAL AND DEBRIS FROM BENEATH ALLSIDEWALKS AND REPLACE WITH CLEAN FILL.IMPORTED BACKFILL SHALL BE A SAND, OR SAND-ROCK MIXTURE HAVINGLESS THAN 5% SILT, 2% ORGANICS AND ROCK SIZES LESS THAN 3" INDIAMETER OR AS PERMITTED BY THE ENGINEER. THIS MATERIAL SHALL BECLASSIFIED AS A-1, A-2-4 OR A-3.ALL TOPSOIL, VEGETATION AND HEAVY ROOT MATS SHALL BE STRIPPEDTO AT LEAST 5' BEYOND THE PERIMETER OF THE PROPOSEDCONSTRUCTION.ALL PROPERTY MONUMENTS OR PERMANENT REFERENCES, REMOVED ORDESTROYED BY THE CONTRACTOR DURING CONSTRUCTION SHALL BERESTORED BY A STATE OF FLORIDA REGISTERED LAND SURVEYOR AT THECONTRACTORS EXPENSE.B.ALL CONSTRUCTION SHALL BE DONE IN A SAFE MANNER AND IN STRICTCOMPLIANCE WITH ALL THE REQUIREMENTS OF FEDERAL OCCUPATIONALSAFETY AND HEALTH ACT OF 1970, AND ALL STATE AND LOCAL SAFETYAND HEALTH REGULATIONS.THE CONTRACTOR IS REQUIRED TO OBTAIN ALL APPLICABLE PERMIT(S)PRIOR TO START OF CONSTRUCTION.THE CONTRACTOR SHALL OBTAIN A SUNSHINE STATE CERTIFICATIONNUMBER AT LEAST 48 HOURS PRIOR TO BEGINNING AN EXCAVATION, CALL1-800-432-4770.ALL UTILITY EASEMENTS TO BE SECURED PRIOR TO CONSTRUCTION. (IFREQUIRED)LOCATION OF EXISTING FACILITIES AS SHOWN ON CONSTRUCTIONDRAWINGS ARE DRAWN FROM AVAILABLE RECORDS. THE ENGINEERASSUMES NO RESPONSIBILITY FOR THE ACCURACY OF THE FACILITIESSHOWN OR FOR ANY FACILITY NOT SHOWN. VERIFY, IF POSSIBLE, THEELEVATIONS, AND LOCATION OF EXISTING FACILITIES PRIOR TOCONSTRUCTION. IF AN EXISTING FACILITY IS ENCOUNTERED DURINGCONSTRUCTION UPON EXCAVATION, THE CONTRACTOR SHALLIMMEDIATELY NOTIFY THE ENGINEER OF RECORD SO THAT APPROPRIATEMEASURES CAN BE TAKEN TO RESOLVE THE PROBLEM.ALL ELEVATIONS SHOWN ON THE CONSTRUCTION DRAWINGS ARE BASEDON NATIONAL GEODETICAL VERTICAL DATUM OF 1929, (N.G.V.D.), UNLESSOTHERWISE NOTED.THE CONTRACTOR SHALL NOTIFY THE ENGINEER OF RECORD AND ANYOTHER GOVERNMENTAL AGENCIES HAVING JURISDICTION AT LEAST 24HOURS PRIOR TO BEGINNING CONSTRUCTION AND PRIOR TO THEINSPECTION OF THE FOLLOWING ITEMS, WHERE APPLICABLE:D.III. INSPECTIONS:A.II. PRECONSTRUCTION RESPONSIBILITIES:C.B.A.C.E.D.C.B.A.PROJECT RECORD DOCUMENTS-VII. EARTHWORK AND COMPACTION:2.D.1.C.ALL CONSTRUCTION AND MATERIALS SHALL CONFORM TO THE FLORIDABUILDING CODE 2014 WITH MIAMI-DADE COUNTY AND ALL OTHER LOCAL,STATE AND NATIONAL CODES WHERE APPLICABLE.GENERAL NOTES AND SPECIFICATIONSPROJECT NO. 215600966I. APPLICABLE CODES:A.B.Drawing No.ScaleProject No.SheetofRevisionSealwww.stantec.comThe Contractor shall verify and be responsible for all dimensions. DO NOT scale thedrawing - any errors or omissions shall be reported to Stantec without delay.The Copyrights to all designs and drawings are the property of Stantec. Reproductionor use for any purpose other than that authorized by Stantec is forbidden.901 Ponce de Leon Blvd. Suite 900Coral Gables, Florida 33134215600966Issue/Revision215600966 DETAILS.dwgRFSCSC2022/04/12ByAppd.YYYY.MM.DD-VICE MAYOR ROBERT C. WELSH JR. PARKCITY OF SOUTH MIAMISOUTH MIAMI, FLORIDA CARLOS HERDOCIAG-01GENERAL NOTESN.T.S.177 12345678910111216181920212225263738394041425613616058596263646566WWN89°05'46"E61.21' (R) & (M)79.57' (R)&(M)R=350.00'DELTA=019°27'56"T=60.03'L=118.91'R=75.00'DELTA=19°28'16"T=12.87'L=25.49'N3°04'42"W 122.89'(R) & (M)N37°35'30"W X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X 14152917232457C-01GEOMETRY PLANSEE PLANSDrawing No.ScaleProject No.SheetofRevisionSealwww.stantec.comThe Contractor shall verify and be responsible for all dimensions. DO NOT scale thedrawing - any errors or omissions shall be reported to Stantec without delay.The Copyrights to all designs and drawings are the property of Stantec. Reproductionor use for any purpose other than that authorized by Stantec is forbidden.901 Ponce de Leon Blvd. Suite 900Coral Gables, Florida 33134215600966Issue/Revision215600966_Robert Welsh Park.dwgRFSCSC2022/04/12ByAppd.YYYY.MM.DD-VICE MAYOR ROBERT C. WELSH JR. PARKCITY OF SOUTH MIAMISOUTH MIAMI, FLORIDA CARLOS HERDOCIANSW 66TH AVEMATCHLINE A-A178 44454630313334353643474849505152535455WWR=25' Δ= 89°56'50" T=24.98' L=39.25'S86°58'28"W126.65'(R) & (M) X X X X X X X X X 32292827C-02GEOMETRY PLANSEE PLANSDrawing No.ScaleProject No.SheetofRevisionSealwww.stantec.comThe Contractor shall verify and be responsible for all dimensions. DO NOT scale thedrawing - any errors or omissions shall be reported to Stantec without delay.The Copyrights to all designs and drawings are the property of Stantec. Reproductionor use for any purpose other than that authorized by Stantec is forbidden.901 Ponce de Leon Blvd. Suite 900Coral Gables, Florida 33134215600966Issue/Revision215600966_Robert Welsh Park.dwgRFSCSC2022/04/12ByAppd.YYYY.MM.DD-VICE MAYOR ROBERT C. WELSH JR. PARKCITY OF SOUTH MIAMISOUTH MIAMI, FLORIDA CARLOS HERDOCIAPoint TablePoint #1234567891011121314151617181920212223Raw DescriptionBasketball CourtBasketball CourtBasketball CourtBasketball CourtBasketball CourtBasketball CourtBasketball CourtCL of ConstructionCL of ConstructionEdge of SidewalkEdge of SidewalkCL of ConstructionBasketball CourtBasketball CourtBasketball CourtEdge of SidewalkEdge of SidewalkEdge of SidewalkEdge of SidewalkEdge of SidewalkEdge of SidewalkCL of ConstructionEdge of SidewalkNorthing497964.62497967.30497925.36497922.68497919.95497920.65497923.65497922.81497879.99497887.35497882.09497878.66497922.52497936.66497936.94497877.09497872.37497869.03497868.65497858.67497859.04497866.66497868.51Easting886607.31886657.23886659.49886609.56886614.72886627.70886627.54886612.06886614.36886611.46886606.74886589.67886606.57886605.81886608.80886607.01886612.27886612.45886605.46886605.99886612.98886615.08886622.22Point TablePoint #2425262728293031323334353637383940414243444546Raw DescriptionEdge of SidewalkEdge of SidewalkEdge of SidewalkEdge of SidewalkEdge of SidewalkCL of ConstructionCL of ConstructionEdge of SidewalkEdge of SidewalkCL of ConstructionEdge of SidewalkEdge of SidewalkCL of ConstructionCL of ConstructionCL of ConstructionShelterShelterShelterShelterParkingParkingParkingParkingNorthing497863.50497858.27497853.93497826.37497829.34497834.06497823.54497829.92497827.02497825.00497817.43497822.59497827.03497858.77497860.44497865.49497856.99497872.47497863.96497812.79497803.79497802.66497811.65Easting886622.42886618.03886618.27886643.14886646.59886649.09886649.09886651.59886655.36886690.70886693.46886698.01886707.46886716.83886715.49886704.31886711.29886712.82886719.79886737.19886737.47886701.49886701.20Point TablePoint #4748495051525354555657585960616263646566Raw DescriptionParkingParkingParkingParkingCL of ConstructionEdge of SidewalkEdge of SidewalkCL of ConstructionCL of ConstructionCL of ConstructionEdge of SidewalkEdge of SidewalkEdge of SidewalkEdge of SidewalkEdge of SidewalkEdge of PlaygroundEdge of PlaygroundEdge of PlaygroundEdge of PlaygroundEdge of PlaygroundNorthing497811.25497810.12497801.13497802.26497802.24497818.60497823.32497826.92497825.97497853.80497873.24497875.24497875.35497879.34497879.24497854.36497844.23497859.71497874.69497873.94Easting886681.21886645.22886645.51886681.49886691.50886688.42886684.41886680.41886660.01886615.77886617.23886617.12886619.12886618.90886616.91886626.25886659.92886659.92886644.12886630.21NSW 74TH TERMATCHLINE A-A179 WWN89°05'46"E61.21' (R) & (M)79.57' (R)&(M)R=350.00'DELTA=019°27'56"T=60.03'L=118.91'R=75.00'DELTA=19°28'16"T=12.87'L=25.49'N3°04'42"W 122.89'(R) & (M)N37°35'30"W X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X C-03GRADING PLANSEE PLANSDrawing No.ScaleProject No.SheetofRevisionSealwww.stantec.comThe Contractor shall verify and be responsible for all dimensions. DO NOT scale thedrawing - any errors or omissions shall be reported to Stantec without delay.The Copyrights to all designs and drawings are the property of Stantec. Reproductionor use for any purpose other than that authorized by Stantec is forbidden.901 Ponce de Leon Blvd. Suite 900Coral Gables, Florida 33134215600966Issue/Revision215600966_Robert Welsh Park.dwgRFSCSC2022/04/12ByAppd.YYYY.MM.DD-VICE MAYOR ROBERT C. WELSH JR. PARKCITY OF SOUTH MIAMISOUTH MIAMI, FLORIDA CARLOS HERDOCIANSW 66TH AVEMATCHLINE A-A180 WWWWR=25' Δ= 89°56'50" T=24.98' L=39.25'S86°58'28"W126.65'(R) & (M) X X X X X X X X X C-04GRADING PLANSEE PLANSDrawing No.ScaleProject No.SheetofRevisionSealwww.stantec.comThe Contractor shall verify and be responsible for all dimensions. DO NOT scale thedrawing - any errors or omissions shall be reported to Stantec without delay.The Copyrights to all designs and drawings are the property of Stantec. Reproductionor use for any purpose other than that authorized by Stantec is forbidden.901 Ponce de Leon Blvd. Suite 900Coral Gables, Florida 33134215600966Issue/Revision215600966_Robert Welsh Park.dwgRFSCSC2022/04/12ByAppd.YYYY.MM.DD-VICE MAYOR ROBERT C. WELSH JR. PARKCITY OF SOUTH MIAMISOUTH MIAMI, FLORIDA CARLOS HERDOCIANSW 74TH TERMATCHLINE A-ASIGNAGE DETAILN.T.S.181 WWR=25' Δ= 89°56'50" T=24.98' L=39.25'N89°05'46"E61.21' (R) & (M)79.57' (R)&(M)R=350.00'DELTA=019°27'56"T=60.03'L=118.91'R=75.00'DELTA=19°28'16"T=12.87'L=25.49'N3°04'42"W 122.89'(R) & (M)S86°58'28"W126.65'(R) & (M)N37°35'30"W X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X C-05WATER DISTRIBUTION PLANSEE PLANSDrawing No.ScaleProject No.SheetofRevisionSealwww.stantec.comThe Contractor shall verify and be responsible for all dimensions. DO NOT scale thedrawing - any errors or omissions shall be reported to Stantec without delay.The Copyrights to all designs and drawings are the property of Stantec. Reproductionor use for any purpose other than that authorized by Stantec is forbidden.901 Ponce de Leon Blvd. Suite 900Coral Gables, Florida 33134215600966Issue/Revision215600966_Robert Welsh Park.dwgRFSCSC2022/04/12ByAppd.YYYY.MM.DD-VICE MAYOR ROBERT C. WELSH JR. PARKCITY OF SOUTH MIAMISOUTH MIAMI, FLORIDA CARLOS HERDOCIANSW 66TH AVE 182 C-06DETAILSN.T.S.Drawing No.ScaleProject No.SheetofRevisionSealwww.stantec.comThe Contractor shall verify and be responsible for all dimensions. DO NOT scale thedrawing - any errors or omissions shall be reported to Stantec without delay.The Copyrights to all designs and drawings are the property of Stantec. Reproductionor use for any purpose other than that authorized by Stantec is forbidden.901 Ponce de Leon Blvd. Suite 900Coral Gables, Florida 33134215600966Issue/Revision215600966_Robert Welsh Park.dwgRFSCSC2022/04/12ByAppd.YYYY.MM.DD-VICE MAYOR ROBERT C. WELSH JR. PARKCITY OF SOUTH MIAMISOUTH MIAMI, FLORIDA CARLOS HERDOCIAFIN. GRADE24" MIN.6"13"8"21/4" STEEL FLANGE24" MIN.12" DIA x 24" LONGPITCH @ 1/8" PER FT, MIN.1-1/2" PVC DRAINREMOVABLE FLANGEDPERFORATED CORRUGATED3/4" WASHED ROCKSTEEL PIPE OR EQUAL52"1/2" LIFTHOLE1 CU.YARD1/4" STEEL COVER342LOCATION MARKER1/4" STEEL COVER5431N.T.S.7DRYWELL DETAILDRINKING FOUNTAIN183 knbuck 06 April 2022 3:32pm V:\2156\active\215600966\landscape\design\drawing\sheet\L0000.dwg Layout = L0000Copyright Stantec; All ideas, designs, arrangements, and plans represented by this drawing are owned by and the property of Stantec, and were created for the exclusive use of the specified project. These ideas, designs, arrangements or plans shall not be used by, or disclosed to any person, firm, or corporation without the written permission of Stantec.24 x 36VICE MAYORROBERT C. WELSH JR. PARKSOUTH MIAMIProject ID: 215600966www.stantec.com +1.239.649.40403510 Kraft Road, Suite 200, Naples, FL 34105 USAFINAL CONSTRUCTION DOCUMENTS SUBMITTALPLANS PREPARED FOR: PLANS PREPARED BY: PLAN STAGE:FINAL CONSTRUCTION DOCUMENTS SUBMITTAL DATE: 11 APRIL, 2022 PROJECT VICINITY PROJECT MANAGER:Kevin G. Mangan, PLA www.stantec.com +1.239.649.4040 3510 Kraft Road, Suite 200, Naples, FL 34105 USA VICE MAYOR ROBERT C. WELSH JR. PARK SOUTH MIAMI Project ID: 215600966 LANDSCAPE ARCHITECTURE DRAWINGS City of South Miami Parks & Recreation Department 5800 SW 66th Street Miami, FL 33143 PROJECT LOCATION MAP PROJECT LOCATION STATE VICINITY MAP Kevin G Mangan 2022.04. 07 16:12:21 -04'00' 184 n/a Drawing No. ScaleProject No. Sheet ofRevision Seal The Contractor shall verify and be responsible for all dimensions. DO NOT scale the drawing - any errors or omissions shall be reported to Stantec without delay. The Copyrights to all designs and drawings are the property of Stantec. Reproduction or use for any purpose other than that authorized by Stantec is forbidden. 215600966 Issue/Revision L0000.dwg KNB KGM FAD 04/2022 By Appd.YYYY.MM.DD - VICE MAYOR ROBERT C. WELSH JR. PARK CITY OF SOUTH MIAMI SOUTH MIAMI, FLORIDA3510 KRAFT ROAD, SUITE 200 NAPLES, FLORIDA, 34105 www.stantec.com KEVIN G. MANGAN, PLA FL LIC. NO.: LA 0001337 STANTEC CONSULTING SERVICES INC. 3510 KRAFT ROAD, SUITE 200, NAPLES, FLORIDA, 34105 100% CD Submittal KNB FAD 2021.07 L0001 100% CD Submittal - Owner Directed Changes KNB FAD 2021.07 Final Construction Documents Submittal KNB FAD 2022.04 Drawing Submittal Log and Sheet Index Kevin G Mangan 2022.04.0 7 20:06:15 -04'00' 185 DIVISION 32 - EXTERIOR IMPROVEMENTS (LANDSCAPE) LANDSCAPE GENERAL NOTES PART 1 - GENERAL NOTES (LANDSCAPE GENERAL NOTES) 1.1. SCOPE: A.Provide all labor, materials and equipment for complete installation of landscaping, as indicated within the contract documents, drawings, and specifications. B.Install all work in conformance with industry standard trade practices as outlined in CSI Standards and per manufacturer's recommended installation methods unless otherwise noted or amended on the drawings. 1.2. RELATED WORK SPECIFIED ELSEWHERE (if applicable to this project as determined by the Landscape Architect): A.DIVISION 00 - PROCUREMENT AND CONTRACTING REQUIREMENTS B.DIVISION 01 - GENERAL REQUIREMENTS C.DIVISION 02 - EXISTING CONDITIONS D.DIVISION 03 - CONCRETE E.DIVISION 04 - MASONRY F.DIVISION 05 - METALS G.DIVISION 06 - WOODS, PLASTICS, AND COMPOSITES H.DIVISION 07 - THERMAL AND MOISTURE PROTECTION I.DIVISION 09 - FINISHES J.DIVISION 10 - SPECIALTIES K.DIVISION 11 - EQUIPMENT L.DIVISION 12 - FURNISHINGS M.DIVISION 22 - PLUMBING N.DIVISION 31 - EARTHWORKS O.DIVISION 33 - UTILITIES 1.3. QUALITY ASSURANCE A.Provide plant materials in compliance with applicable state and federal laws relating to inspection for diseases and insect infestation. B.All plants must be healthy, vigorous material, free of pests and diseases. C.Plant materials in some instances may exceed No. 1 grade in order to meet the minimum requirements of this project. D.Plants are subject to inspection and approval by the Landscape Architect. Plants required for the work may be inspected and tagged at the growing site before being dug. E.Observation at growing site DOES NOT preclude the right of rejection at job site. Plants damaged by neglect or improper handling during transit or at the job site as determined by the Landscape Architect may be rejected at no cost to the project. F.All plant material shall be of No. 1 grade or better quality at time of installation and shall be maintained in this same condition until completion of the one (1) year guarantee period. Decline in condition of plant material during any period (installation, establishment, guarantee) for any reason shall be grounds for rejection and replacement as determined by the Landscape Architect at the contractor's expense. G.Employ only qualified personnel familiar with the required work. H.All plant material shall be installed in a sound, workmanlike manner and according to accepted good planting procedures with the quality of plant materials as hereinafter described. All elements of site and soil preparation, landscaping, and irrigation shall be installed so as to meet all applicable ordinances and code requirements. It is the contractors responsibility to ensure all applicable codes and ordinances are being met. I.Off-site topsoil and topsoil on-site testing: 1.Provide source of off-site soil to the Landscape Architect for purposes of soil investigation and testing. 2.Take random representative soil samples from across the project areas to be planted. 3.At the Landscape Contractor's expense, test soil samples from both sources for ph, alkalinity, total soluble salts, porosity, sodium content and organic matter and provide results to Landscape Architect for review and acceptance. Lab analysis of soils must contain recommended remediation instructions for the Landscape Architect's consideration and acceptance. Analysis submitted without recommendations will not be reviewed and are rejected. 1.4. REFERENCED STANDARDS (if applicable to this project as determined by the Landscape Architect): A."Florida Grades and Standards for Nursery Plants", published by The Florida Department of Agriculture and Consumer Services. B."American Standards for Nursery Stock" (ANSI Z60.1-2014), as amended. C.Florida State Statute 553.81 "Protection of Underground Pipelines". D.The Federal Highway Administration Manual of Uniform Traffic Control Devices, Millennium Edition. E.Florida Department of Transportation (FDOT) Design Standards, latest edition, Traffic Control Through Work Zones, Series 600 indices. F.Florida Department of Transportation (FDOT) Roadway and Traffic Design Standards, latest edition, Series 500 indices. G.Florida Department of Transportation (FDOT) Maintenance Rating Program, latest revision. H.ASTM International - American Society for Testing and Materials. I.AASHTO - The American Association of State Highway Transportation Officials. J.Americans with Disabilities Act (ADA), The ADA Compliance Handbook, latest edition. K.The Florida Accessibility Code. L.National Arborist Association Standards. M."Arboriculture Second Edition" by Richard W. Harris, as amended. N.Land Development Code (LDC) as defined by local municipality, city, or county standards. O.The South Florida Water Management District Xeriscape Plant Guide 2. 1.5. SUBMITTALS: A.Submit one (1) quart samples of the following materials: 1.Sandy Loam Topsoil 2.Organic Amendment 3.Mulch 4.Potting Soil B.Submit a minimum of three (3) representative soils samples for laboratory soil test analysis results for on-site topsoil and imported sandy loam topsoil. Label each sample with the date, location keyed to a site plan or other location system, visible soil condition, and sampling depth. Laboratory test results shall include the following data based on the test results: state recommendations for soil treatments and soil amendments to be incorporated to produce satisfactory planting soil suitable for healthy, viable plants indicated. Include, at a minimum, recommendations for nitrogen, phosphorous, and potassium fertilization, and for micronutrients. C.Submit manufacturer's data for the following: 1.Fertilizer 2.Potting Soil 3.Steel, Aluminum, or Polyethylene Edging 4.Root Barrier D.Submit digital photographs of all plant materials for Landscape Architect approval PRIOR TO DELIVERY to the site. E.File Certificate of Inspection of plant material by state and federal authorities with Landscape Architect. F.File the Grower's and/or State Certificate of Inspection of plant material to the Landscape Architect two (2) weeks minimum before commencement of work. G.By providing a bid on these Landscape Contract Documents, the Landscape Contractor is certifying that all plant materials as specified herein is available and will be provided to this project. H.Any substitutions in size and/or plant material species must be approved by the Landscape Architect in writing PRIOR TO PROCUREMENT AND/OR DELIVERY TO THE PROJECT SITE. All plants will be subject to the acceptance by the Landscape Architect BEFORE planting can begin. I.INSTALLATION PERIOD: The contractor is responsible for maintaining in full, all planting areas (including watering, spraying, mulching, mowing, fertilizing, etc.) until the job is accepted, in full, at the end of the installation phase by the Owner and Landscape Architect. Contractor to request inspection of project in writing at end of installation period. Landscape Architect and Owner acceptance shall initiate the establishment period. J.ESTABLISHMENT PERIOD: Contractor to guarantee, maintain, replace failed plant materials, and water plant material for a ninety (90) day establishment period following date of installation period completion. Contractor to request inspection of project in writing after ninety (90) day establishment period. Landscape Architect and Owner acceptance shall allow the the contractor to request the guarantee period phase start. K.GUARANTEE PERIOD: If all work is satisfactory and complete in accordance with the conditions of the contract documents, the contractor shall request in writing an acknowledgment of substantial completion from the Owner and Landscape Architect. Acknowledgment of substantial completion constitutes the beginning of the one (1) year Contractor to notify the Landscape Architect ten (10) business days prior to end of guarantee guarantee period. period to schedule a site review with the Landscape Architect and Owner of plant material at which time a final determination of plant health and replacement of failed plant materials as determined by the Landscape Architect will be identified at no cost to the project. 1.6. PRODUCT DELIVERY, STORAGE AND HANDLING: A.PREPARATION FOR DELIVERY: 1.Balled and burlapped (B&B) plants: dig and prepare shipment in a manner that will not damage roots, branches, shape, and future development. 2.Container grown plants: deliver plants in containers sufficiently rigid to hold ball shape and protect root mass during shipping. 3.All rootballs shall conform to the size standards set forth in "American Standards for Nursery Stock". B.DELIVERY: 1.Deliver packaged materials in sealed containers showing weight, analysis and name of manufacturer. protect materials from deterioration during delivery and while stored at site. 2.Do not deliver more plant materials than can be planted in one day unless adequate storage and watering facilities are available on the job site. 3.Storage of materials and equipment at the job site will be at the risk of the Landscape Contractor. The Owner WILL NOT be held responsible for theft or damage unless negligence is apparent as determined by the Landscape Architect. The Landscape Architect shall make the final determination of all responsibilities and remedies. 4.If balled plants cannot be planted within 24-hours after delivery to site, protect root balls by heeling in with saw dust or other approved material. 5.Protect with cloth or other approved means of "windburn" prevention during delivery to prevent damage to root ball or desiccation of leaves. Contractor to field verify all deliveries and condition of materials PRIOR TO UNLOADING. All plant materials that are damaged or not conforming to specifications are to be rejected and removed from the site immediately. Any replacement of rejected material due to not meeting standards of care as determined by the Landscape Architect will be replaced at no cost to the project. 6.Contractor shall take all due care and implement safe guards during transit to not bruise trunks, break branches or fronds, and prevent unnecessary structural stress to the plant material. Plant material not meeting standards of care and damaged as determined by the Landscape Architect will be replaced at no cost to the project. 7.Notify the Landscape Architect of delivery schedule 48-hours in advance so plant material may be observed upon arrival at job site. 8.Remove rejected plant material IMMEDIATELY from site upon instruction to do so. 1.7. JOB CONDITIONS: A.PLANTING RESTRICTIONS: 1.Perform actual planting only when weather and soil conditions are suitable in accordance with locally accepted practice. 2.The Landscape Contractor shall field verify all information above and below ground, prior to initiating planting installation. 3.The Landscape Contractor shall field stake the location of all plant material prior to initiating installation for the review and acceptance of the Landscape Architect PRIOR TO commencement of plant installation. B.PROTECTIONS: 1.DO NOT move equipment over existing or newly placed structures without approval of Landscape Architect, Owner, and General Contractor. 2.Provide board-roading and sheeting as required to protect paving and other improvements from damage. 3.IN NO WAY shall any trees, plants, ground cover or seasonal color obstruct drainage or block a 2% minimum positive slope away from buildings. Drawing No. ScaleProject No. Sheet ofRevision Seal The Contractor shall verify and be responsible for all dimensions. DO NOT scale the drawing - any errors or omissions shall be reported to Stantec without delay. The Copyrights to all designs and drawings are the property of Stantec. Reproduction or use for any purpose other than that authorized by Stantec is forbidden. 215600966 Issue/Revision L0002.dwg KNB KGM FAD 04/2022 By Appd.YYYY.MM.DD - VICE MAYOR ROBERT C. WELSH JR. PARK CITY OF SOUTH MIAMI SOUTH MIAMI, FLORIDA3510 KRAFT ROAD, SUITE 200 NAPLES, FLORIDA, 34105 www.stantec.com KEVIN G. MANGAN, PLA FL LIC. NO.: LA 0001337 STANTEC CONSULTING SERVICES INC. 3510 KRAFT ROAD, SUITE 200, NAPLES, FLORIDA, 34105 100% CD Submittal KNB FAD 2021.07 L0002 100% CD Submittal - Owner Directed Changes KNB FAD 2021.07 Final Construction Documents Submittal KNB FAD 2022.04 Landscape General Notes / General Site and Construction Notes n/a Kevin G Mangan 2022.04.0 7 20:06:15 -04'00' 186 4.All existing planting shall remain intact and undisturbed unless otherwise noted on the plans. The Landscape Contractor shall install a 4.0' height orange nylon or chain link type fence affixed with nails or staples to sturdy posts (metal fence stakes or 2x4 wood, set to a depth of 2'-0" minimum) surrounding all existing vegetation and/or vegetation to be protected and relocated. Fencing to be installed in the Critical Protection Zone - the area surrounding a tree within a circle described by a radius of one (1) foot for each inch of tree trunk diameter measured at 54" above finished grade (for groups of trees, locate fence between trees and construction activity) - the fence shall be located to protect a minimum of 75% of the critical protection zone. Shrubs and groundcover vegetation shall have a minimum 5.0' buffer between fence and construction zone. No construction debris, vehicles, chemicals, or other construction activity shall be allowed within the root zone and/or critical protection zone, either directly or indirectly. C.UTILITIES: 1.Determine locations of underground utilities and perform work in a manner which will avoid possible damage. Hand excavate where required to minimize possibility of damage to underground utilities. 2.Contractor shall acquaint himself with all site conditions. Where excavation is required, the contractor shall promptly notify the local public works department and underground utility locating entity, power company, and any other utilities (gas companies, cable tv, phone, etc.) forty-eight (48) hours minimum prior to construction locations. Failure to do so will make the contractor operation and prior to any connection to existing utility liable for any and all damage, costs, and penalties there to arising from its operations. It is the contractors (existing and newly installed) responsibility to protect all utilities from damage. Report any conflicts to the Landscape Architect within two (2) business days for resolution prior to construction. 3.The contractor shall comply with Florida State Statute 553.81 "Protection of Underground Pipelines" for projects located within the State of Florida. 4.Should the Landscape Contractor cause damage to any utilities, necessary repairs shall be made as quickly as practicable, at the Landscape Contractor's expense, under supervision of the Landscape Architect and/or Owner. 5.Maintain grade stakes set by others until removal is mutually agreed upon by parties concerned. 6.Coordinate landscape installation work with the irrigation contractor to prevent damage to underground sprinkler systems. Inspect irrigation system and ensure that adequate water is available before beginning planting operations. Irrigation systems will not provide sufficient quantities of water for newly planted materials. The landscape contractor is responsible for deep root hand watering. 1.8. WARRANTY: A.Warrant plants and trees for one (1) year after final acceptance. Replace dead materials and materials not in vigorous, thriving condition as soon as weather permits and/or upon notification by Landscape Architect. Replace plants, including trees, which in the opinion of Landscape Architect have partially died thereby damaging shape, size, or symmetry. B.Replace plants and trees with same kind and size as originally planted, at no cost to Owner. Provide one (1) year warranty on replacement plants. These should be replaced at start of next planting or digging season. In such cases, remove dead trees immediately. Protect irrigation system and other piping conduit or other work during replacement. Repair any damage immediately. C.Warranty excludes replacement of plants after final acceptance because of injury by storm, drought, drowning, hail, freeze, insects, wildlife, or diseases. D.At the end of the warranty period, staking and guying materials shall be removed from the site by the Landscape Contractor unless otherwise agreed upon through written acceptance by the Landscape Architect or Owner. 1.9. GENERAL MAINTENANCE DURING ESTABLISHMENT: A.Water must be made available on site. Provide necessary hoses and other watering equipment or vehicles required to complete work. B.Until final acceptance, maintain plantings and trees by watering, cultivating, mowing, weeding, spraying, cleaning and replacing as necessary to keep landscape in a vigorous, healthy condition and rake bed areas as required. C.A written notice requesting final inspection and acceptance should be submitted to Landscape Architect seven (7) working days prior to completion. At that time Owner and Landscape Architect will prepare a final punch list to be reviewed with the Landscape Contractor. When such project is deemed complete by the Landscape Architect, an on-site inspection by Owner, Landscape Contractor and Landscape Architect will be completed prior to written acceptance. D.Following final acceptance, maintenance of plant material will become the Owner's responsibility. The contractor shall provide Owner with a recommended maintenance program. PART 2 - PRODUCTS (LANDSCAPE GENERAL NOTES) 2.1. PLANTS: A.QUANTITIES: The drawings, plant list, and specifications are complementary: anything called for on one and not the other is as binding as if shown and called for on both. The plant schedule is an aid to bidders only. Confirm all quantities on plans PRIOR TO procurement and/or installation. B.The Landscape Contractor must notify the Landscape Architect thirty (30) days BEFORE INSTALLATION if plant material cannot be found meeting the specifications required in the contract documents. C.The Landscape Contractor is responsible to meet the plant material specifications provided in the Contract Documents. Plant material specifications provided ARE A MINIMUM. All minimum specifications shall be met and if any one of the specifications must be increased so that other collective minimum requirements are met, it is the contractors responsibility to do so. E.Plants shall be equal to well formed No. 1 grade or better (unless otherwise noted in the drawings), symmetrical, heavily branched with an even branch distribution, densely foliated and/or budded, and a strong, straight, distinct leader where this is characteristic of the species. Plants shall possess a normal balance between height and spread. The Landscape Architect will be the final arbiter of acceptability of plant form. Plants deemed unacceptable by the Landscape Architect either before or after planting shall be removed at the expense of the Landscape Contractor and replaced with acceptable plants as specified. E.Plants shall be healthy and vigorous, free of disease, insect pests and their eggs, and larvae. F.Plants shall have a well-developed fibrous root system. G.All root balls shall conform to the size standards set forth in the "American Standards for Nursery Stock". H.Plants shall be free of physical damage such as scrapes, broken or split branches, scars, bark abrasions, sun scalds, fresh limb cuts, disfiguring knots, or other defects. I.Pruning of all trees and shrubs, as directed by Landscape Architect, shall be executed by Landscape Contractor at no additional cost to the owner. J.Plants shall meet the sizes indicated on the plant list. Where a size or caliper range is stated, at least 80% of the material shall be closer in size to the top of the range stated. K.Plants indicated "B&B" shall be balled and burlapped. Plants shall be nursery grown unless otherwise specified in plant list. Balls shall be firm, neat, slightly tapered and well burlapped. Non-biodegradable ball wrapping material will not be accepted. Any tree loose in the ball or with broken ball at time of planting will be rejected. Balls shall be ten (10") inches in diameter for each one (1") inch of trunk diameter, measured six (6") inches above ball. Trees grown in grow bags or grow bag type material must have the grow bag removed entirely prior to planting. L.Container grown plants shall be well rooted and established in the container in which they are growing. They shall have grown in the container for a sufficient length of time for the root system to hold the planting medium when taken from the container, but not long enough to become root bound. 2.2. SOIL PREPARATION MATERIALS: A.ORGANIC AMENDMENT: Well decomposed, stable, weed free organic compost. The product shall contain no substances toxic to plants, shall be free of nematodes, and shall be reasonably free (<1% dry weight) of man-made foreign matter. The compost will possess no objectionable odors and shall not resemble the raw material from which it is derived. The product shall have a Ph of between 5.3 and 6.5 (as determined in accordance with ASTM E70), a soluble salt concentration of less than 10 ds/m, and an organic matter content of 30-65% dry weight, with 98% passing through a 3/4" screen. B.FLORIDA PEAT shall be sterilized to make it free of all viable nut grass and other undesirable weeds. C.PRE-MIXED SOILS will be considered "as equals" when samples are submitted for the Landscape Architect's review with manufacturer's data and laboratory test reports. Samples not accompanied by the manufacturer's data and laboratory test reports will not be reviewed and are rejected. D. SANDY LOAM TOPSOIL: 1.Friable, fertile, dark, loamy soil, free of clay lumps, subsoil, stones, and other extraneous material and reasonably free of weeds and foreign grasses. Soil containing nut grass and other undesirable weeds shall be rejected. 2.Physical properties as follows: clay - between 7-27 percent; silt - between 28-50 percent; sand - less than 52 percent. E.SHARP SAND: Clean, washed sand, (fine aggregate) meeting ASTM C-33. F.HERBICIDE: Apply an approved herbicide according to manufacturer's rate and specification within limits of all areas to be planted. Provide all manufacturer data to Landscape Architect for approval prior to application. Protect existing plants to remain from over-spray or spray within root zone. Contractor to ensure total weed eradication. G.Scarify subsoil to a depth of three (3) inches then apply an approved pre-emergent herbicide in accordance with manufacturer's rate and specifications. Provide all manufacturer data to Landscape Architect for approval prior to application. Follow manufacturer's recommended waiting period prior to new landscape installation. 2.3. COMMERCIAL FERTILIZER: A.ORGANIC FERTILIZER: Shall be delivered in manufacturer's standard container printed with manufacturer's name, material weight, and guaranteed analysis. Fertilizers with N-P-K analysis other than that specified may be used provided that the application rate per square foot of nitrogen, phosphorus, and potassium is equal to that specified. TREES: 8-6-6 plus minor elements - slow release; 1/2 lb fertilizer per 1/2 inch caliper PALMS: 13-3-13 plus minor elements - slow release; 1/2 lb fertilizer per 1/2 inch caliper SHRUBS & GROUNDCOVERS: 8-10-10 plus minor elements - slow release; 1/2 lb fertilizer per 100 ft2 TURF: 16-4-8 plus minor elements - slow release; 1 lb fertilizer per 1000 ft2 Note: The cost for landscape fertilizer as described above shall be included in the per plant price. 2.1. MULCH: A.Contractor shall mulch all plant beds and tree rings throughout and completely to a consistent three (3) inch depth with clean, weed free melaleuca in dark brown color unless otherwise specified. B.Samples are required for approval by the Landscape Architect prior to procurement and/or installation. C.Typical Specification: www.GOMULCH.com - no float "Florimulch Brown" or approved equal. 2.1. WATER: A.The preferred water source shall be potable, suitable for irrigation, and shall be free from ingredients harmful to plant life. B.A water source utilizing well or lake water shall be designed and maintained in a manner which eliminates staining of the building, walks, walls, and other site improvements. Provide a strainer / filter for all water sources derived from a well or lake source. C.Reclaimed water sources must meet the Environmental Protection Agency’s standards and must maintain setback separation from public bathing areas, food service, and healthcare facilities as prescribed by the Florida Department of Environmental Protection (FDEP) (F.A.C. 62-610.471) and the Florida Department of Health (FDOH). D.IRRIGATION AFTER PLANTING AND DURING ESTABLISHMENT: Regular irrigation after planting is essential for survival and establishment of all plant materials. Establishment is the amount of time required for plant materials to grow a sufficient root system to support growth in their planted environment. Regular irrigation after planting shall follow the below schedule guidelines per Florida Grades and Standards “Best Management Practices”, Appendix A - Part Four for vitality and establishment of plant materials: <2" CALIPER: Irrigate daily for two (2) weeks; every-other day for two (2) months; weekly until established. 2" - 4" CALIPER: Irrigate daily for one (1) month; every-other day for three (3) months; weekly until established. > 4" CALIPER: Irrigate daily for six (6) weeks; every-other day for five (5) months; weekly until established. 1.At each irrigation, apply two to three gallons per inch trunk caliper to the root ball surface. Apply it in a manner so all water soaks the entire root ball. Do not water if root ball is wet/saturated on the irrigation day. 2.When irrigating for vitality, delete daily irrigation when planting in winter or when planting in cool climates. Establishment takes three (hardiness zones 10-11) to four (hardiness zones 8-9) months per inch trunk caliper. Never apply irrigation if the soil is saturated. 2.1. MISCELLANEOUS MATERIALS (if applicable to this project as determined by the Landscape Architect): A.Steel edging. B.Jute erosion mesh / matt. C.Coconut husk matting / Coir natural fiber matting. D.Filter fabric: Tencate Mirafi 140 N non-woven fabric (unless otherwise noted) or approved equal. Drawing No. ScaleProject No. Sheet ofRevision Seal The Contractor shall verify and be responsible for all dimensions. DO NOT scale the drawing - any errors or omissions shall be reported to Stantec without delay. The Copyrights to all designs and drawings are the property of Stantec. Reproduction or use for any purpose other than that authorized by Stantec is forbidden. 215600966 Issue/Revision L0002.dwg KNB KGM FAD 04/2022 By Appd.YYYY.MM.DD - VICE MAYOR ROBERT C. WELSH JR. PARK CITY OF SOUTH MIAMI SOUTH MIAMI, FLORIDA3510 KRAFT ROAD, SUITE 200 NAPLES, FLORIDA, 34105 www.stantec.com KEVIN G. MANGAN, PLA FL LIC. NO.: LA 0001337 STANTEC CONSULTING SERVICES INC. 3510 KRAFT ROAD, SUITE 200, NAPLES, FLORIDA, 34105 100% CD Submittal KNB FAD 2021.07 L0003 100% CD Submittal - Owner Directed Changes KNB FAD 2021.07 Final Construction Documents Submittal KNB FAD 2022.04 Landscape General Notes / General Site and Construction Notes n/a Kevin G Mangan 2022.04.0 7 20:06:15 -04'00' 187 E.Tree wrapping paper: waterproof 6" wide crepe. F.Staking and guying materials: 1.Wood stakes: 2" x 4" dense pine, pressure treated, painted dark brown. 2.Turn buckles: galvanized steel, 3/8-inch eye, 6-inch opening. 3.Tie wire: 12 gauge galvanized wire. 4.Black hose: 2 ply, fiber reinforced hose, minimum 1/2-inch inside diameter. G.Tree paint: asphaltic base paint with antiseptic properties, manufactured for use on tree wounds. H.Pea gravel: washed 3/8-inch diameter native pea gravel. I.Crushed stone: 1" diameter crushed limestone. J.Antidesicant: Wiltpruf (nursery specialty products, inc., stubbins road, grotton falls, n.y.) or approved equal. K.Fungicide: zinc ethylene bisdithiocarbonate (zineb) or equal. L.Plastic sheet: 4 mil black polyethylene, perforated at twenty four inches on center. PART 3 - EXECUTION (LANDSCAPE GENERAL NOTES) 3.1. CONDITION OF SURFACES: A.The Landscape Contractor will be responsible for any required excavation and for raking and smoothing of grade. It is recommended that the Landscape Contractor coordinate with the grading contractor to establish subgrades for planting areas as required below. B.Examine subgrade upon which work is to be performed. Notify the Landscape Architect of unsatisfactory conditions immediately. C.It is the landscape contractors responsibility to verify finish grade elevations prior to final landscape and irrigation installation. Failure to verify finish grade elevations as determined by the Landscape Architect will result in rejection of all installed elements and the subsequent replacement of plant materials, mulch, irrigation etc., at the contractors expense after grading is brought to specification. 3.1. MIXING SOILS: A.PLANTING MIX: Shall consist of sandy loam topsoil,organic amendments, and sharp washed sand. Sand component may be increased or decreased based on sand content of topsoil submitted to the Landscape Architect. 1.ROYAL PALMS: 60% sharp washed sand and 40% approved topsoil / solid waste compost. 2.TREES / ALL OTHER PALMS: 90% washed sharp sand and 10% approved topsoil / solid waste compost. 3.SHRUBS, AND GROUND COVERS: 70% washed sharp sand and 30% approved topsoil / solid waste compost B.Pre-mixed soils may be accepted in lieu of above mix as noted herein. Contractor to submit soil analysis test of the soil mixture for approval by the Landscape Architect. C.Take imported, unamended soil from sources that are naturally well-drained sites where topsoil occurs at least 4 inches deep, not from agricultural land, bogs, or marshes; and that do not contain undesirable organisms; disease-causing plant pathogens; or obnoxious weeds and invasive plants including, but not limited to, quackgrass, Johnsongrass, poison ivy, nutsedge, nimblewill, Canada thistle, bindweed, bentgrass, wild garlic, ground ivy, perennial sorrel, and bromegrass. D.Clean soil to be free of the following: 1.UNACCEPTABLE MATERIALS: Concrete slurry, concrete layers or chunks, cement, plaster, building debris, oils, gasoline, diesel fuel, paint thinner, turpentine, tar, roofing compound, acid, and other extraneous materials that are harmful to plant growth. 2.UNSUITABLE MATERIALS: Stones, roots, plants, sod, clay lumps, and pockets of coarse sand that exceed a combined maximum of 8 percent by dry weight of the imported soil. 3.1. BED PREPARATION: A.It is the landscape contractors responsibility to verify finish grade elevations prior to final landscape and irrigation installation. Failure to verify finish grade elevations as determined by the Landscape Architect will result in rejection of all installed elements and the subsequent replacement of plant materials, mulch, irrigation etc., at the contractors expense after grading is brought to specification. B.All bed areas on plans where shrubs and/or groundcovers are continuously planted shall receive a minimum of 6" depth of continuous planting mix. C.Lay out bed areas for Landscape Architect approval PRIOR TO DIGGING. D.Excavate existing material as needed to allow placement of 6" of planting mix and 3" of mulch. E.Scarify bed area subgrade where excessive compaction is greater than 85% standard proctor to a depth of 12" by discing or rototilling. Repeat cultivation as required to thoroughly loosen soil. F.Evenly spread 6" of continuous planting mix throughout the planting area. DO NOT incorporate into native soils below. G.whenever a planting bed falls within the dripline of existing trees to remain, do not excavate as noted below. utilize the following bed preparation: 1.Evenly spread the following amendments over the entire bed area and lightly incorporate into the top 1" of soil with rake or other hand implement. Amendments per 1000 sf shall be: A)3 cy organic amendment B)30 lb organic fertilizer C)40 pounds gypsum D)2 pounds sulfur H.Rake amended areas clean and remove all rocks, roots, and debris. Dirt clods and clay lumps greater than 1" in diameter shall be broken apart or removed. 3.1. TREE PLANTING: A.Stake tree locations for Landscape Architect's approval PRIOR TO DIGGING. B.Plant trees in pits 2 times the diameter of the root ball and equal to depth of root ball. C.Landscape Contractor shall ensure drainage and percolation of all planting pits prior to installation of plant material. Contractor shall fill all tree pits with water before planting to assure that proper drainage and percolation is available. Correct if required to assure percolation. Contractor is responsible for replacement of all plants lost due to inadequate drainage conditions as determined by the Landscape Architect at no cost to the project. D.After excavation of tree pits, review water percolation with Landscape Architect. If tree pit does not drain adequately prepare hole for use with a tree sump. Paint pvc stand pipe and cover dark green. After tree is installed, pump water out on a daily basis. E.In the event rock or underground construction work or obstructions are encountered in any plant pit excavation work to be done under this section, alternate locations may be selected by the Landscape Architect. Where locations cannot be changed the obstructions shall be removed to a depth of not less than six (6") inches below bottom of ball when plant is properly set at the required grade. The work of this section shall include the removal of the site of such rock or underground obstructions encountered at the cost of the Landscape Contractor. F.Trees grown in grow bags or grow bag type material must have the grow bag REMOVED ENTIRELY prior to planting. G.Balled and burlapped material shall have the top one half (1/2) of the burlap around the base of the trunk cut and pulled back. Do not remove burlap. Wire cages, straps, etc. must be cut and removed prior to installation. H.Backfill tree pits with a mixture of 1/2 planting mix and 1/2 existing site soil. Lightly tamp every 6-inches to fill all voids and pockets. When pit is 2/3 full, water thoroughly and leave water to soak in. Place fertilizer planting tablets per manufacturers recommendations. Apply Superthrive per manufacturer's recommendations complete backfilling and form a saucer around the tree. Fill saucer with water and leave to soak in. Fill saucer with water again. I.Completely fill each tree saucer with mulch to a consistent depth of three (3) inches. J.Landscape Contractor shall keep trees plumb until established. Provide guying and/or staking to maintain a plumb condition. If trees are not plumb, the Landscape Contractor will be required to re-guy and/or re-stake those trees in a method acceptable to the Landscape Architect at no additional cost to the project. The trees must stand upright and straight under it's own form and not bend under it's own weight. Staking and/or guying shall not be used as a substitute for non-conforming plant materials. Trees unable to stand upright and straight and maintain it's form as determined by the Landscape Architect are rejected and to be replaced at no cost to the project. K.Guying and staking practices shall not permit nails, screws, wires, etc., to penetrate the outer surface of trees or palms. Trees or palms rejected due to this practice shall be replaced at the contractor's expense with the Landscape Architect and/or Owner on site. L.PRUNING: Prune trees to preserve the natural character of the plant in a manner appropriate to its particular requirements in the landscape design as directed by the Landscape Architect or qualified licensed Arborist as accepted by the Landscape Architect. In general, remove at least one-third of wood by thinning and pruning. Do not cut back terminal branches. Thin native grown plants heavier than nursery grown plants. Remove sucker growth and broken or badly bruised branches. M.Removal and disposal of all staking and guying of trees and palms after the establishment and guarantee period shall be the responsibility of the contractor unless otherwise agreed upon with the Owner in writing. 3.5 SHRUB PLANTING: A.Typically, shrub plantings are shown as mass planting beds. Plants shall be placed on a triangular spacing configuration (staggered spacing) as shown in the planting details. Plant center to center dimensions (o.c.) are listed in the plant materials schedule. Plants not conforming to triangular spacing or center to center dimensions as determined by the Landscape Architect shall be rejected and replaced at no cost to the project. B.Place plants in position on bed areas before pots have been removed. Obtain approval from Landscape Architect prior to digging. Do not remove burlap from B&B plants. Landscape Architect reserves the right to interchange or shift plants prior to planting. C.All shrubs outside prepared bed areas or with root balls deeper than depth of bed preparation shall be pocket planted. Excavate planting hole 2 times the width and height of the root ball. Backfill with planting mix. D.Plant where located, setting plants with tops of balls even with tops of beds, and compact soil carefully around each plant ball. E.Water each plant thoroughly with hoses to eliminate air pockets. F.Carefully prune plants to remove dead or broken branches and hand rake bed areas to smooth even surfaces. G.After planting has been completed and approved by the Landscape Architect, mulch bed areas to a depth of three (3) inches. DO NOT mulch beds prior to acceptance by the Landscape Architect. 3.6 GROUNDCOVER AND SEASONAL COLOR PLANTING: A.All groundcover and seasonal color planting shall occur in prepared bed areas per specifications with at least 6 inch depth of planting mix. B.Typically, groundcover and seasonal plantings are shown as mass planting beds. Plants shall be placed on a triangular spacing configuration (staggered spacing) as shown in the planting details. Plant center to center dimensions (o.c.) are listed in the plant list/schedule. Plants not conforming to triangular spacing or center to center dimensions as determined by the Landscape Architect shall be rejected and replaced at no cost to the project. C.Place plants in position on bed areas before pots have been removed. Obtain approval from Landscape Architect prior to digging. The landscape architect reserves the right to interchange or shift plants prior to planting. D.Plant where located, setting plants with tops of balls even with tops of beds, and compact soil carefully around each plant ball. E.Water each plant thoroughly with hoses to eliminate air pockets. F.Carefully prune plants to remove dead or broken branches and hand-rake bed areas to smooth even surfaces. G.After planting has been completed and approved by the Landscape Architect, mulch bed areas to a depth of three (3) inches. DO NOT mulch beds prior to acceptance by the Landscape Architect. 3.7 CLEANUP: A.During work, keep premises neat and orderly including organization of storage area. Remove trash, including debris resulting from removing weeds and rocks from planting areas, preparing beds, or planting plants from site daily as work progresses. Keep walkway and driveway areas clean by sweeping and/or hosing. 3.8 SUBSTITUTIONS: A.Any substitutions in size and/or plant material must be approved by the Landscape Architect in writing prior to procurement and/or delivery to the work site. All plants will be subject to approval by the Landscape Architect Such permission must be secured without additional cost or delay in schedule to the project BEFORE planting can begin. B.Installation of any approved substitutions is within the contractor's scope of responsibilities as if it were the original specification. Any changes required for installation of any approved substitution must be made to the satisfaction of the Landscape Architect and Owner without additional cost to the project. C.Any accepted substitution resulting in a credit to the Owner/project shall be identified, documented and provided to the Owner/project without delay. END OF SECTION Drawing No. ScaleProject No. Sheet ofRevision Seal The Contractor shall verify and be responsible for all dimensions. DO NOT scale the drawing - any errors or omissions shall be reported to Stantec without delay. The Copyrights to all designs and drawings are the property of Stantec. Reproduction or use for any purpose other than that authorized by Stantec is forbidden. 215600966 Issue/Revision L0002.dwg KNB KGM FAD 04/2022 By Appd.YYYY.MM.DD - VICE MAYOR ROBERT C. WELSH JR. PARK CITY OF SOUTH MIAMI SOUTH MIAMI, FLORIDA3510 KRAFT ROAD, SUITE 200 NAPLES, FLORIDA, 34105 www.stantec.com KEVIN G. MANGAN, PLA FL LIC. NO.: LA 0001337 STANTEC CONSULTING SERVICES INC. 3510 KRAFT ROAD, SUITE 200, NAPLES, FLORIDA, 34105 100% CD Submittal KNB FAD 2021.07 L0004 100% CD Submittal - Owner Directed Changes KNB FAD 2021.07 Final Construction Documents Submittal KNB FAD 2022.04 Landscape General Notes / General Site and Construction Notes n/a Kevin G Mangan 2022.04.0 7 20:06:15 -04'00' 188 LANDSCAPE GROUNDS MAINTENANCE The Landscape Contractor is to render the following landscape maintenance services during the term of the initial construction contract. In addition, the Landscape Contractor is to include a price for a one-year extended maintenance contract to begin after the construction project is complete and accepted as determined by the Landscape Architect. This price is to be submitted on a separate line item. PART 1 - GENERAL (LANDSCAPE GROUNDS MAINTENANCE) 1.1 SCOPE: A.WORK INCLUDED IN BASE BID: As applicable to this project and as determined by the Landscape Architect, perform all work necessary utilizing acceptable horticultural practices for the exterior landscape maintenance of the project as required herein. Such work includes, but is not limited to the following: 1.Monitoring adjustment and minor repair of the landscape irrigation system. 2.Protection of vacuum breakers against freeze damage, if applicable. 3.Mowing, edging and trimming of trees and shrubs. 4.Pruning and trimming of trees and shrubs. 5.Re-staking and adjustment of stakes and guying if required. 6.Approval, by Owner and Landscape Architect, of material substitutions prior to use. 7.Application of fertilizers, insecticides and herbicides. 8.Replacement of plant material (extra service). 9.General site clean up, removal of trash, plant debris and products of maintenance. B.EXTRA SERVICES: The intent of the contract is to provide a comprehensive maintenance program to include all required services, except those services specifically excluded, to perform the work for the stated time period. 1.All services not included in the base bid shall be considered "extra services" and will be charged for separately according to the nature of the item of work. The written consent and authorization of the Owner or their authorized representative must be obtained prior to the performance or installation of such "extra services" items and prior to purchase of any chargeable materials. 2.Such work may include replacement of dead plant materials or major repairs of irrigation system created by acts of vandalism or other contracts or other site related work. 3.Authorized extra services work must be summarized weekly and submitted with receipts to the Owner. 4.The Owner is not bound by the specifications or contract to utilize the landscape maintenance contractor in the performance of "extra service work". 5.The landscape maintenance contractor shall coordinate his activities with other contractors on the site so as to not hinder the performance of any work. 6.Authorized charges for extra work will be paid monthly. 1.2 SUBSTITUTIONS: A.Specific reference to manufacturer's names and products specified in the Contract Documents are used as standards, but this does not imply the right to substitute other material or methods without written approval of the Landscape Architect and Owner. Such permission must be secured without additional cost to the project. B.Installation of any approved substitutions is within the contractor's scope of responsibilities as if it were the original specification. Any changes required for installation of any approved substitution must be made to the satisfaction of the Landscape Architect and Owner without additional cost to the project. C.Any accepted substitution resulting in a credit to the Owner/project shall be identified, documented and provided to the Owner/project without delay. 1.3 SCHEDULE: A.All work under this contract shall be performed in accordance with the project schedule as defined by the Owner or authorized representative. 1.4 CONTRACTOR'S PERFORMANCE: A.The contractor's workmen shall be neat in appearance, perform their work in a professional manner, keep noise to a minimum and stage their work from a location on the site out of the way of the mainstream of the uses. In general, the contractor's presence on the site shall be as inconspicuous as possible. B.The landscape contractor is solely responsible for all water and maintenance needs, and shall not rely upon the Owner or other third party entity to provide the required irrigation and maintenance during installation, establishment, or warranty phases. It is the contractors responsibility to provide field observations at regular intervals throughout the installation, establishment, or warranty phases to verify irrigation operation and supply, maintenance needs, and plant material health and establishment. It is the contractors responsibility to update watering times and durations, remove miscellaneous debris, replace damaged or dead plant materials, and repair irrigation heads, bubblers, connectors, etc. Any inability to meet these critical requirements shall be documented and submitted by the landscape contractor to the Owner and Landscape Architect as soon as practical for resolution. C.The intent and spirit of these Contract Documents is to provide a guideline for the contractor to follow in order to provide Owner with landscape maintenance services of the highest quality. Where the manual refers to "as-needed" or "as-required" the intent is for the contractor to perform the services necessary to maintain the property at the highest possible quality level. Nothing contained within these documents shall be interpreted as relieving the contractor of its responsibility to perform the work in a professional manner and to the complete satisfaction of the Owner. D.If disputes arise as to the quality of the services performed between the contractor and the Owner (or Owners Designated Representative), the Landscape Architect shall make the final determination of all responsibilities and remedies. 1.5 NEGLECT AND VANDALISM: A.Turf, trees or plants that are damaged or killed due to Landscape Contractor's operations, negligence or chemicals shall be replaced at no expense to the project as determined by the Landscape Architect. If plant damage or death is caused by conditions beyond the Landscape Contractor's control, replacement shall be at the Owner's expense if determined by the Landscape Architect. It is however the landscape contractor's responsibility to notify the Landscape Architect and/or Owner within 48 hours of damage observed. Failure to provide clear and convincing evidence in a timely manner will result in damaged materials being replaced at the contractors expense under warranty. B.Sprinklers or structures that are damaged due to the contractor's operations must be replaced by the contractor promptly at no additional cost to the project. Likewise, damage to the irrigation system by others shall be corrected immediately by the contractor, at the Owner's expense if determined by the Landscape Architect. It is however the landscape contractor's responsibility to notify the Landscape Architect and/or Owner within 48 hours of damage observed. Failure to provide clear and convincing evidence in a timely manner will result in damaged materials being replaced at the contractors expense under warranty. C.All water damage, either natural or man-made, resulting from contractor's neglect shall be corrected at the contractor's expense without delay. D.All damage to, or thefts of, landscaping and irrigation installations, equipment, supplies, etc. not caused or allowed by the contractor as determined by the Landscape Architect shall be corrected by the contractor at the Owner's expense upon receipt of written authorization to proceed. It is however the landscape contractor's responsibility to notify the Landscape Architect and/or Owner within 48 hours of damage and/or theft. Failure to provide clear and convincing evidence in a timely manner will result in damaged and/or stolen materials being replaced at the contractors expense under warranty. 1.6 JOB CONDITIONS: A.Contractor shall acquaint himself with all site conditions. Should excavation be required the contractor shall promptly notify the local utility coordination entity for utility locations. Failure to do so will make contractor liable for any and all damage thereto arising from his operations. B.Contractor shall take necessary precautions to protect site conditions, irrigation and plants. Should damage be incurred, the contractor shall repair damage to its original condition or furnish and install equal replacement at its expense. 1.7 EMERGENCIES: A.Should an above or below ground utility be compromised during construction activities such as (but not limited to) a gas main, water main, irrigation main, electric power lines, etc., the contractor is obligated to stop work activities in the immediate area, remove themselves and others from the hazardous environment, and report to their supervisor, the Client, and/or Prime Contractor immediately a potentially unsafe situation leading to injury or damage so they can take prompt action. Notify proper authorities as required and necessary. B.The contractor shall answer emergency or complaint calls within twelve (12) hours and corrective action shall be complete within twenty-four (24) hours. C.The contractor shall answer emergency calls regarding the landscape irrigation system failure or need of repair, and take corrective action within eight (8) hours. Such work, unless caused due to neglect on the part of the landscape maintenance contractor as determined by the Landscape Architect, shall be considered "extra services". 1.8 RESTRICTION: A.DO NOT use growth regulators or growth retardants on this work. PART 2 - MATERIALS AND MACHINERY (LANDSCAPE GROUNDS MAINTENANCE) 2.1 IRRIGATION SYSTEM MATERIALS: A.Replacement materials for maintenance purposes throughout the system shall be as specified and/or noted on the "Contract Documents", new, and in perfect working condition. B.Irrigation shall be installed to meet or exceed Appendix F - "Proposed Construction Building Codes for Turf and Landscape Irrigations Systems" of the Florida Building Code, Plumbing (latest edition), and in accordance with ASTM D2855 unless otherwise noted herein. 2.2 MATERIALS: Materials listed under this section are expressly specified for use but does not prohibit or restrict the contractor from providing other approved materials not listed in order to complete the work required herein as submitted to and approve by the Landscape Architect. All materials shall be new and in perfect condition. A.PRE-EMERGENCE WEED CONTROL: contractor option (granular) B.POST-EMERGENCE WEED CONTROL: contractor option C.HERBICIDE: contractor option. D.INSECTICIDE: contractor option. E.FUNGICIDE: contractor option. F.FIRE ANT CONTROL: Shall be slow release applied at six (6) week intervals. Spot treat weekly with a contact product where mounds appear. Alternate products each interval for effective control. G.SHRUB BED FERTILIZER: Apply at manufacturer's recommended slow release rates for each plant used. H.LAWN FERTILIZER: 15-5-10 with 50% sulphur coated urea and 4% iron. I.TREE FERTILIZER: contractor option. Apply using the maximum manufacturer's recommended rate and procedures. J.MULCH: Clean, weed free Melaleuca in dark brown color unless otherwise specified. K.TREE STAKES AND GUYS: Shall match those in use at the site. 2.3 MACHINERY: Machinery requirements listed under this section are not intended to be restrictions of specific manufacturers or models unless so stated. Specific mention of manufacturers is intended as a guide to illustrate the final product of maintenance operations desired. A.MOWERS: Shall be commercial grade rotary type in good working order, finely tuned to protect the lawn from excessive exhaust fumes. Blades shall be sharp to reduce shredding of the cut grass blades. Grass catchers not required. Blade height shall be set to never remove more than 1/3 of the leaf blade. Avoid mowing when turf/lawn is wet. B.LAWN EDGERS: Shall be of a rigid blade type that will produce a fine clean edge where lawns meet walkways, pavements or curbs. C.PRUNING TOOLS: Shall be maintained in good working order, cutting edges shall be sharp. Disinfect all tools when used for the removal of diseased limbs with a twenty (20%) percent solution of Chlorox bleach and water. PART 3 - EXECUTION (LANDSCAPE GROUNDS MAINTENANCE) 3.1 LANDSCAPE IRRIGATION SYSTEM: As applicable to this project and as determined by the Landscape Architect, the Landscape Irrigation Contractor shall, a total of 18 times a year, monitor and program the automatic controlling devices to provide optimum moisture levels in all planted areas. A.Irrigation cycles shall be set to take place prior to sunrise (usually 4:00 - 5:00 am) unless otherwise instructed by the Owner or Landscape Architect, except during visits of grounds maintenance personnel. During such visits the irrigation system may be operated as desired by those personnel. B.DO NOT program controllers operating on the same water meter to water during the same time period so as to prevent over-draft of water meters. DO NOT switch controller to "off" at any time, except as required for testing and for maintenance operations. Drawing No. ScaleProject No. Sheet ofRevision Seal The Contractor shall verify and be responsible for all dimensions. DO NOT scale the drawing - any errors or omissions shall be reported to Stantec without delay. The Copyrights to all designs and drawings are the property of Stantec. Reproduction or use for any purpose other than that authorized by Stantec is forbidden. 215600966 Issue/Revision L0002.dwg KNB KGM FAD 04/2022 By Appd.YYYY.MM.DD - VICE MAYOR ROBERT C. WELSH JR. PARK CITY OF SOUTH MIAMI SOUTH MIAMI, FLORIDA3510 KRAFT ROAD, SUITE 200 NAPLES, FLORIDA, 34105 www.stantec.com KEVIN G. MANGAN, PLA FL LIC. NO.: LA 0001337 STANTEC CONSULTING SERVICES INC. 3510 KRAFT ROAD, SUITE 200, NAPLES, FLORIDA, 34105 100% CD Submittal KNB FAD 2021.07 L0005 100% CD Submittal - Owner Directed Changes KNB FAD 2021.07 Final Construction Documents Submittal KNB FAD 2022.04 Landscape General Notes / General Site and Construction Notes n/a Kevin G Mangan 2022.04.0 7 20:06:15 -04'00' 189 C.Complete sprinkler system servicing shall be performed as required to maintain sprinklers in correct operating condition, including all required labor. April through September the operation of sprinklers shall be inspected and monitored on a twice-per-month basis to assure proper cover and operation. October through March monitor and inspect sprinklers once per month or upon the request of the Owner. This check shall include visual "inspection" of all accessible components of the irrigation system including but not limited to controllers, remote control valves, rain sensors, drip irrigation, quick couplers and heads. D.Adjust sprinklers to avoid damage to windows, buildings and sign walls, also adjust heads to keep water off the street and sidewalks. Make repairs and alterations to the sprinkling system and water lines. All sprinkler repairs such as cleaning of head or breaks caused by the contractor shall be the contractor's responsibility to repair immediately at his expense. E.A fully automatic irrigation system with a controller and applicable moisture (rain) sensor located to receive direct rainfall shall be provided. F.All plantings shall have 100% full coverage with irrigation. Provide one bubbler per tree/ palm and drip or spray mechanisms for shrubs, groundcover and grasses/turf. G.Valve sizing, detailing and mainline routing may be adjusted by the Landscape Architect to accommodate the needs of the landscape design in the field. H.Landscape Architect reserves the right to use drip, bubblers, stream bubbler, or spray irrigation in shrub areas as required by field conditions. I.The irrigation system will operate with separate valve zones for turf areas and shrub planting areas where efficiency of separation allows. The controller will be set to operate appropriate run times for the various zones and their required precipitation needs in accordance with best management practices for irrigation of Florida landscapes. J.The irrigation system will be installed to minimize the application of water to impervious areas, adjacent properties, and existing vegetation. K.Irrigation shall be installed to meet or exceed Appendix F - "Proposed Construction Building Codes for Turf and Landscape Irrigations Systems" of the Florida Building Code, Plumbing (latest edition), and in accordance with ASTM D2855. 3.2 TREE MAINTENANCE: A.Trees that may require guys, stakes or special care during the seasonal winds and rains shall receive the required care prior to the time of rains and high winds to insure that no damage results to the plant material. B.Contractor shall maintain staking and guying of trees at all times and shall be responsible for any damage to trees or plat materials caused by chafing or breakage or foliage or limbs coming in contact with stakes or guys. Replace broken plant stakes and ties as needed. If ties are too tight, they must be replaced or adjusted. C.All suckers shall be continually removed from trees. D.Grass shall be trimmed at the base of trees in a manner that shall protect tree trunks from cutting of bark and cambium layer. DO NOT use "power trimmers". Each tree within a lawn or turf area shall have a 3" depth ring of mulch no less than twenty-four (24) inches beyond it's trunk in all directions. E.Annual tree pruning and/or shaping as needed. Always prune out dead wood. Refer to schedule. Contact Owner and/or Landscape Architect prior to commencing any pruning or shaping work. F.Mulch trees only when so directed by the Landscape Architect. Confirm and comply with Owner's mulch schedule if applicable. G.Spray all trees four times per year to control foliar feeding insects. The spray shall consist of alternately spraying 2 times with an insecticide spray and 2 times with a fungicide beginning in March, with the last spray in September. H.Monitor for aphids, powdery mildew and other common ailments and treat immediately to eliminate these problems. 3.3 GUIDELINES FOR CRAPE MYRTLE TREES (if applicable to this project as determined by the Landscape Architect): A.Prune Crape Myrtles in February to remove dead branches and to shape head for spring/summer growth. B.Fertilize in February each year with super phosphate applied per manufacturer's recommendations for flowering trees. 3.4 TURF MAINTENANCE: A.MOWING: All common Bermuda and/or St. Augustine grass shall be mowed approximately every seven days March through October. During periods of mild weather the cut should not be lower than two and one-half (2 1/2") inches from the soil. Never scalp the lawn or cut more than one-third (1/3) the existing top growth in one mowing. On irrigated areas, remove any accumulated clippings or clumps, never allowing clippings or clumps to remain on lawn surface more than four (4) hours. All sidewalks and curbs shall be edged as well as other objects (non living) in the grass zone. Allow grass to grow up to but not over sprinkler heads. Trim grass around heads with a circular sprinkler head trimmer. DO NOT use "weed-eaters" to trim around sprinkler heads. Damaged sprinkler heads caused by improper maintenance shall be immediately replaced at contractor's expense. B.WATERING: Provide a regular, deep watering program. The established turf should not be kept wet but should dry out somewhat between waterings. A twice weekly watering is good under regular conditions, but if it is hot or windy, water more often. In very hot weather, a fast watering with fine spray will cool the turf zone and can supplement the regular, deeper watering program. In shaded areas caused by trees, water more frequently because of the competition for soil moisture. If lawn wilts (shows grey-brown) water more frequently. C.LAWN FERTILIZER: April 1st : 22-0-6 analysis at the rate of 10 pounds fertilizer per 1,000 square feet, nitrogen content shall consist of 50% sulphur coated urea. Analysis shall include 4% iron. May 15th : 24-6-12 analysis at the rate of 10 pounds fertilizer per 1,000 square feet, nitrogen content shall consist of 50% sulphur coated urea. Analysis shall include 4% iron. July 1st : 15-5-10 analysis at the rate of 10 pounds fertilizer per 1,000 square feet, nitrogen content shall consist of 50% sulphur coated urea. Analysis shall include 4% iron. August 15th : 15-5-10 analysis at the rate of 10 pounds fertilizer per 1,000 square feet, nitrogen content shall consist of 50% sulphur coated urea. Analysis shall include 4% iron. October 1st : 22-0-06 analysis applied at the rate of 10# per 1,000 square feet. No sulphur coated urea, no iron. D.FERTILIZER: Trace elements in fertilizer shall be based on the recommendations of the soil laboratory. The fertilization program will be closely monitored by the Owner. The contractor shall prepare submittals prior to each application showing the area to be covered, the quantity of fertilizer to be applied, and the rates of applications. The Owner will monitor the application to insure that materials and procedures are as specified. E.WEED CONTROL AND UNDESIRABLE GRASS - GENERAL: 1.Contractor shall use extreme care in the use of chemicals for weed control. Before such applications are made, the turf should be well established and in a vigorous condition. 2.All chemical applications shall be properly licensed with the proper governing authorities. 3.The contractor shall carry the insurance required by the governing authority. 4.Apply chemicals at the manufacturer's recommended rate to achieve complete control of weeds and undesirable grasses. 5.All products utilized on this project must be labeled for turf use. 6.Spot treatment of weeds and undesirable grasses shall be achieved without damaging the surrounding turf. F.WEED AND UNDESIRABLE GRASS CONTROL SCHEDULE: All turf shall be sprayed 2 times in early spring for post-emergent control of winter weeds, and 2 times in June - August for post-emergent control of crabgrass and other broadleaf grasses, for a total of 4 cycles. NOTE: If permanent turf establishment is not complete, do not apply pre-emergent herbicide. Summer/fall spot treat turf areas to achieve a minimum 98% pure stand of turf. G.INSECTS: Control insects with regular applications of commercial insecticides at the manufacturer's recommended rate. H.DISEASES: Spray for diseases when they first become apparent with an approved commercial fungicide strictly according to the manufacturer's recommendations. I.Maintain mulched saucers around all trees for one year after planting. Trim grass as required to prevent grass from encroaching into the saucer area. No "weed-eaters" shall be used around the trunk of any tree at any time. J.If initial installation (any or all) of the project site is in winter rye, the contractor will at that time change the mowing and trimming rate to 45 times a year. Contractor shall also during the 1 year maintenance period and at the appropriate season, chemically kill out winter rye and hydromulch bermuda. K.One application of herbicide will be applied to over-seeded turf to aid in the eradication of rye grass. 3.5 SHRUB AND GROUNDCOVER BED MAINTENANCE: A.Weeding of all shrub, groundcover beds and seasonal color beds shall be performed twice monthly (total 24 times). B.All shrub and groundcover beds shall be pruned 8 times a year March - October in an attempt to develop the natural form of the plant. C.Pre-emergent weed control shall be applied 1 time in early spring and 1 time in late fall in planter beds only after careful thought of what is to occur in planters during the growing season. D.All shrub, groundcover beds and seasonal color areas shall be fertilized 3 times per year at a rate of 2 pounds of fertilizer per 1,000 square feet. April 1st : 22-0-6, July 1st : 15-5-10, October 1st : 22-0-6. 3.6 USE OF HERBICIDES, INSECTICIDES, STERILANTS, POISON, AND ANIMAL TRAPS: A.The contractor shall be granted permission upon Owner approval to use such herbicides, insecticides, poison, and animal traps as it may find necessary and advantageous in its grounds maintenance activities. Herbicides, insecticides, sterilants, and animal traps must be used responsibly and in conformance with federal, state and local laws and regulations. The contractor assumes all liability for damage and/or injury resulting from accident or misuse of these products and/or equipment. The owner retains the right to prohibit the use of any herbicide, insecticide, poison, or animal trap that they may judge to be undesirable for any reason. B.Product leaving an undesirable residue or odor (i.e., weed oil, bloodmeal, etc.) shall not be used. C.The owner shall be notified prior to application and advised of any danger associated with the use of these products (i.e., to avoid personal contact with sprayed areas, etc.). D.Apply insecticides as needed to protect all plant materials from damage. The insect control program shall include slugs and snails and advance preventive spraying for twig borers. The contractor shall be responsible for choosing the chemicals and insecticides he uses and shall be accountable for any misuse of same. E.Apply the proper fungicide, herbicide and pesticides for the control of pests, weeds and plant diseases or treat cuts on turf, plants and trees. 3.7 GENERAL CLEAN UP: A.The contractor shall dispose of all waste materials or refuse from his operations off the property. B.All plant growth shall be prevented in any cracks in walks or within paved areas. C.Leaves, papers, grass clippings or other debris shall be removed at least weekly or at each visit from all areas. D.Sweep roads and walks of refuse, dirt and other materials which may be deposited as a result of the maintenance operation. Trash and plant litter shall NOT BE ALLOWED to enter storm water structures, catch basins, yard drains, deck drains, or collect at drainage flumes. E.Contractor will evaluate mulch four (4) times a year during the 1-year maintenance period and replace bare spots as needed. PART 4 - SCHEDULE (LANDSCAPE GROUNDS MAINTENANCE) 4.1 SCHEDULE: A.The schedule as included herein shall govern the work. Should the contractor require an alteration of the schedule, contact the Landscape Architect and Owner for review and approval prior to implementation. PART 5 - MAINTENANCE SCHEDULE (LANDSCAPE GROUNDS MAINTENANCE) 5.1 Schedule for mowing, edging, trimming, litter clean up, irrigation monitoring and other related maintenance: END OF SECTION MAINTENANCE SCHEDULE DESCRIPTION JAN FEB MAR APR MA<JUN JUL AUG SEP OCT NOV DEC TOTAL MOW MOW WEEKLY 52 EDGE / TRIM EDGE / TRIM WEEKLY 52 CLEAN / TRASH / WEED BEDS PRIOR TO EACH MOWING AND EDGE /TRIM ACTIVITIES 52 IRRIGATION / SPRINKLERS MANUALLY WET TEST IRRIGATION OPERATION WEEKLY 52 POST-EMERGENT (LAWN)1 1 1 1 4 POST EMERGENT OF WINTER WEEDS POST-EMERGENT OF CRABGRASS AND OTHER BROADLEAF GRASSES FERTILIZE (LAWN, SHRUBS & GROUNDCOVERS)1 1 1 1 4 FERTILIZE (TREE & PALMS)1 1 1 1 4 PRE-EMERGENT (SHRUBS & GROUNDCOVERS)1 1 2 PRUNE (SHRUBS & GROUNDCOVERS)BI-WEEKLY AND AS NEEDED 26 PRUNE (ORNAMENTAL GRASSES)1 1 2 PRUNE (TREES & PALMS)1 TREE 1 PALM 1 TREE 3 INSECT & DISEASE CONTROL (LAWN & BEDS)TREAT AS NEEDED OR PER OWNER'S SPECIFIC MAINTENANCE REQUIREMENTS TREES & PALMS (INSECTICIDE)TREAT AS NEEDED TREES & PALMS (FUNGICIDE)TREAT AS NEEDED MULCHING 1 1 2 Drawing No. ScaleProject No. Sheet ofRevision Seal The Contractor shall verify and be responsible for all dimensions. DO NOT scale the drawing - any errors or omissions shall be reported to Stantec without delay. The Copyrights to all designs and drawings are the property of Stantec. Reproduction or use for any purpose other than that authorized by Stantec is forbidden. 215600966 Issue/Revision L0002.dwg KNB KGM FAD 04/2022 By Appd.YYYY.MM.DD - VICE MAYOR ROBERT C. WELSH JR. PARK CITY OF SOUTH MIAMI SOUTH MIAMI, FLORIDA3510 KRAFT ROAD, SUITE 200 NAPLES, FLORIDA, 34105 www.stantec.com KEVIN G. MANGAN, PLA FL LIC. NO.: LA 0001337 STANTEC CONSULTING SERVICES INC. 3510 KRAFT ROAD, SUITE 200, NAPLES, FLORIDA, 34105 100% CD Submittal KNB FAD 2021.07 L0006 100% CD Submittal - Owner Directed Changes KNB FAD 2021.07 Final Construction Documents Submittal KNB FAD 2022.04 Landscape General Notes / General Site and Construction Notes n/a Kevin G Mangan 2022.04.0 7 20:06:15 -04'00' 190 LAWNS, TURF, AND GRASSES PART 1 - GENERAL (LAWNS, TURF, AND GRASSES) 1.1 SCOPE: A.Furnish all labor, tools, transportation, materials, equipment, supervision, etc., required to adequately establish a dense lawn of permanent grasses, free from lumps and depressions as indicated by plans and specifications. Replace any part of the area failing to show uniform cover until a dense lawn is established. The cost of miscellaneous labor and materials for topsoil, weeding, tilling, pest control, fertilizing, etc., are not separate pay items and shall be included in the bid price for lawns, turf, and grasses. 1.2 PAYMENT: A.Payment for grass planting or hydro-seeding for general turf areas will be made after final acceptance based on the method of payment stated in the bid proposal. If based on area units, such as square feet or square yards, payment will be based on actual field measurements. The contractor shall seed, fertilize, maintain and establish a healthy stand of grass before acceptance or payment for grass will be considered by the Landscape Architect and Owner. B.Bidders shall be aware that estimates of work under the specifications for monthly payments are made on non-perishable materials only. Payments for perishables will be made after final acceptance of the project. All grass planting, tilling, fertilizer, etc. shall be considered perishable, therefore, no partial payments will be paid for grass planting and associated work. 1.3 MAINTENANCE OF GRASS: A.The contractor shall maintain the grass until final acceptance. Such maintenance shall include spraying, weeding, cultivation, fertilizing, watering, mowing, disease and insect control, top dressing low spots, plus any procedures consistent with horticultural practice necessary to insure normal, vigorous, and healthy grass. 1.4 JOB CONDITIONS: A.WATER: Water must be made available on site. Provide necessary hoses and other watering equipment or vehicles required to complete work. B.Lawn areas will be left within 0.1 foot of finish grade by other trades. Fine grading, raking and smoothing will be the responsibility of the landscape contractor. It is the landscape contractors responsibility to verify finish grade elevations prior to final landscape and irrigation installation. Failure to verify finish grade elevations may result in rejection of all installed elements and replacement of plant materials, irrigation etc. after grading remediation at no cost to the Owner. 1.5 SCHEDULE A.SEEDING / HYDRO-SEEDING (if applicable and called for in the contract documents) 1.NORTH / CENTRAL FLORIDA: Complete only between May 1 to August 31 under favorable conditions (warm season). 2.SOUTH FLORIDA: Complete only between April 1 to September 15 under favorable conditions (warm season). B.SEEDING/HYDROMULCHING (if applicable and called for in the contract documents): 1.Complete seeding/hydromulching only between September 1 to April 30, except at front of project, as determined by Landscape Architect and Owner, under favorable climatic conditions. C.SODDING (if applicable and called for in the contract documents): 1.NORTH / CENTRAL FLORIDA: May 1 to August 31 (warm season) and September 1 to April 30 (cool season) with overseed of perennial rye. 2.SOUTH FLORIDA: April 1 to September 15 (warm season) and September 16 to April 30 (cool season)(use nursery overseeded sod in cool season, if available). D.QUALIFICATIONS: Due to unseasonable weather, the above dates may vary; however, do not proceed with grassing operations beyond these dates without assuming full responsibility for a stand of grass. 1.6 ACCEPTANCE: A.The work will be accepted only when a completed, undamaged stand of grass is established as determined and approved by the Landscape Architect and as accepted by the Owner. PART 2 - MATERIALS (LAWNS, TURF, AND GRASSES) 2.1 TOPSOIL: A.Topsoil shall be friable, fertile, dark, loamy soil, free of clay lumps, subsoil, stones and other extraneous material. Topsoil containing weeds and foreign grasses shall be rejected. B. Topsoil shall be natural, fertile, agricultural soil capable of sustaining vigorous plant growth. It shall be of uniform composition throughout, with admixture of subsoil. It shall be free of stones, lumps, live plants and their roots, sticks, and other extraneous matter. Spread topsoil mixture to minimum depth of three (3) inches throughout all areas and six (6) inches in all shrub and groundcover beds. Remove all rocks and other objects over one (1) inch in diameter. C.Smooth all prepared topsoil to three (3) inches below top of surrounding pavement edges. Finish grade all prepared topsoil areas to a smooth, even surface assuring positive drainage away from the structures and and eliminate any low areas which may collect water. D.Smooth topsoil mixture to six (6) inches below grade in areas to be sodded. E.Topsoil shall not be extremely acidic or alkaline, nor contain toxic substances which may be harmful to plant growth. The Ph shall be in the range of 5.5 to 6.5. if necessary, the contractor shall apply the appropriate soil amendments adjusting soil Ph to assure a Ph range of 5.5 to 6.5. F.Physical properties as follows: 1.Clay - between 7-27 percent 2.Silt - between 28-50 percent 3.Sand - less than 52 percent 2.2 GRASS: A.GRASS SEED: Where called for in the contract documents, provide extra fancy, hulled and treated, lawn type seed, delivered to site in original, unopened containers meeting requirements of Florida state seed law. Minimum purity germination 90 percent. B.SOD: Where called for in the contract documents, provide solid sod, live, rich, dark green in color, free of foreign grasses, weeds, nutgrass, cut with a full 1 inch of heavy soil covering roots. Deliver to site in 16" x 24" rectangle slabs or 24 inch wide rolls. Do not stack for more than 24 hours between time of cutting and time of delivery. Sod shall have tight, staggered joints. Sand all joints filling voids and roll to consistent surface free of clumps, dips, ridges, etc. The Landscape Architect and Owner shall review final sod installation for acceptance upon notification of completion by contractor. Areas not meeting specifications as determined by the Landscape Architect shall be removed and replaced at no additional cost to the project. 2.3 FERTILIZER: A.Fertilizer shall be organic base, uniform in composition, dry and free flowing. deliver fertilizer to site in original, unopened containers, each bearing manufacturer's guaranteed statement of analysis. B.First application: 12-12-12 element percentage with minimum 8% sulfur and 4% iron, plus micro nutrients. C.Second application: 3:1:2 element ratio. nitrogen source to be a minimum 50% slow release organic nitrogen (scu or uf) plus minimum 8% sulfur and 4% iron plus micro nutrients. 2.4 MULCH FIBER (if applicable and called for in the contract documents) A.WOOD CELLULOSE FIBER FOR HYDROMULCH: Enviro-Gro Cellulose Fiber Hydraulic Mulch or approved equal with green color additive. 2.5 TACKIFIER (if applicable and called for in the contract documents): A.Natural, non-asphaltic vegetable gum with gelling and hardening agents. 2.6 SHARP SAND: A.Clear, washed sand (fine aggregate) per ASTM C-33. 2.7 HERBICIDE: A.Apply an approved herbicide according to manufacturer's rate and specification within limits of all areas to be planted. Provide all manufacturer data to Landscape Architect for approval prior to application. Protect existing plants to remain from over-spray or spray within root zone. Contractor to ensure total weed eradication. B.Scarify subsoil to a depth of three (3) inches then apply an approved pre-emergent herbicide in accordance with manufacturer's rate and specifications. Provide all manufacturer data to Landscape Architect for approval prior to application. Follow manufacturer's recommended waiting period prior to new landscape installation. PART 3 - EXECUTION (LAWNS, TURF, AND GRASSES) 3.1 PREPARATION: A.Scarify lawn areas where excessive compaction is greater than 85% standard proctor to a depth of 6-inches by discing or rototilling. Repeat cultivation as required to thoroughly loosen soil. B.Leave areas free of weeds and ready for final grading. C.Provide barricades around scarified areas to prevent compaction by construction vehicles. 3.2 SPREADING TOPSOIL: A.No topsoil shall be placed until subgrade is approved by Landscape Architect. B.Contractor to furnish and spread topsoil on lawn areas to a depth of six (6) inches unless otherwise noted in the contract documents. C.Work topsoil to a smooth uniform surface and compact firmly. D.Feather topsoil into undisturbed areas creating a smooth, even transition. Spread additional topsoil in undisturbed areas to eliminate water ponding. 3.3 FINAL GRADING: A.Remove from site and legally dispose of stones 1-inch and larger, sticks, roots and other debris exposed during this operation. B.Provide finish grading leaving surface uniform without depressions and undulations, graded approximately 1 1/2-inch below paving. C.Secure approval from the Landscape Architect prior to proceeding with grassing or planting operations. D.It is the landscape contractors responsibility to verify finish grade elevations prior to final landscape and irrigation installation. Failure to verify finish grade elevations may result in rejection of all installed elements and replacement of plant materials, irrigation etc. after grading remediation at no cost to the Owner. 3.4 HERBICIDE: A.Apply herbicide to remove any remaining weeds. This work is to be performed by a licensed pesticide applicator following the manufacturer's recommendations. 3.5 FERTILIZER: A.Place first application with hydromulch at rate of 12 pounds per 1,000 square feet. B.Uniformly distribute second application using a rotary type fertilizer spreader 3-4 weeks after first application at 12 pounds per 1,000 square feet. 3.6 HYDROMULCH / SEEDING (if applicable and called for in the contract documents): A.At the time of hydromulch/seeding, soil shall be moist but not muddy, and wind velocity shall not exceed ten (10) miles per hour. Add water if required to moisten soil. B.Hydromulch seed uniformly at the rate of 2 pounds of Bermuda Grass seed per 1,000 square feet or other rate as specified on plans. C.Add tackifier to hydromulch mix for slopes 5:1 or greater at the rate of 1 lb. per bag of mulch. D.Use a 4' x 8' batter board against bed areas. 3.7 MECHANICAL SEEDING (if applicable and called for in the contract documents): A.Seed uniformly at a rate 125 pounds of Bermuda Grass seed per acre. Use grass drill, brillion seeder, or viking roller. 3.8 SOLID SOD (if applicable and called for in the contract documents): A.SOLID SOD: Plant grass by hand, edge to edge with staggered joints. Top dress with sharp sand raked in carefully to fill joints. Roll to eliminate undulations and provide complete soil contact. All grass installed during the winter months (September-April) shall be overseeded before installation (not overseeded at site.) B.FERTILIZING: Fertilize immediately after grass is planted at rate of 4 lbs. per 1,000 square feet. Repeat fertilizing at the same rate 3-4 weeks later. Modify application rate if recommended by soil testing lab. 3.9 ESTABLISHMENT AND MAINTENANCE OF LAWN AREAS: A.WATERING: 1.Water lawn areas immediately after grassing operation. 2.Continue watering as required to keep soil uniformly moist to a minimum depth of four (4) inches. 3.Be alert to over-watering newly planted grass, particularly in heavy clay soils. Drawing No. ScaleProject No. Sheet ofRevision Seal The Contractor shall verify and be responsible for all dimensions. DO NOT scale the drawing - any errors or omissions shall be reported to Stantec without delay. The Copyrights to all designs and drawings are the property of Stantec. Reproduction or use for any purpose other than that authorized by Stantec is forbidden. 215600966 Issue/Revision L0002.dwg KNB KGM FAD 04/2022 By Appd.YYYY.MM.DD - VICE MAYOR ROBERT C. WELSH JR. PARK CITY OF SOUTH MIAMI SOUTH MIAMI, FLORIDA3510 KRAFT ROAD, SUITE 200 NAPLES, FLORIDA, 34105 www.stantec.com KEVIN G. MANGAN, PLA FL LIC. NO.: LA 0001337 STANTEC CONSULTING SERVICES INC. 3510 KRAFT ROAD, SUITE 200, NAPLES, FLORIDA, 34105 100% CD Submittal KNB FAD 2021.07 L0007 100% CD Submittal - Owner Directed Changes KNB FAD 2021.07 Final Construction Documents Submittal KNB FAD 2022.04 Landscape General Notes / General Site and Construction Notes n/a Kevin G Mangan 2022.04.0 7 20:06:15 -04'00' 191 B.REPLANTING / EROSION CONTROL: 1.Correct any erosion that may occur during the establishment of grass. 2.Reseed (sod) any areas not showing sufficient growth within 3 weeks after initial grassing. Continue seeding (sodding) until a stand of grass is achieved at no additional cost to the project. 3.A stand of grass will be defined as a uniform cover of actively growing turf. C.MOWING/WEED CONTROL: 1.Mow lawn areas weekly until a stand of grass is achieved. Begin mowing when the lawn reaches a height of 3-inches set mower to cut at 2-inches. a minimum of two mowings is required. 2.Weed lawn areas until acceptance, removing all foreign vegetation, either by hoeing or pulling. If approved by the Landscape Architect, herbicide spot treatments may be used. 3.10 CLEANUP: A.During work, keep premises neat and orderly, including organization of storage areas. Remove trash, including debris resulting from removing weeds and rocks from site daily as work progresses. Keep paved areas clean by sweeping or hosing. END OF SECTION GENERAL SITE AND CONSTRUCTION NOTES (SITE & CONSTRUCTION NOTES) PART 1 - GENERAL 1.1 SCOPE: A. The limits of construction are defined by the "Project Limit Line" as noted on the contract documents. B.Provide all labor, materials and equipment for complete installation of all design elements as indicated on the contract drawings and specified herein. C.Install all work in conformance with industry standard trade practices as outlined in CSI Standards unless otherwise noted or amended on the drawings. D.The proposed construction shall comply with the Americans with Disabilities Act (ADA) and the ADA Compliance Handbook, latest edition. The construction shall also comply with The Florida Building Code and The Florida Accessibility Code for projects located within the State of Florida. E.There shall be no change or deviation from these plans without prior written approval by the Landscape Architect. 1.SHOP DRAWING SUBMITTALS: The contractor and its subcontractors must demonstrate the way by which they propose to conform to the information given and the design concept expressed in the contract documents in a means that clearly denotes manufacturer/model, use, location, application and conformance via drawings, diagrams, schedules and other data as applicable for the Landscape Architect's review for design intent. 2.The contractor and its subcontractors shall not be relieved of responsibility for deviations from the requirements of the contract documents or relieved of responsibility for errors or omissions in shop drawings, product data, samples, or similar submittals by the Landscape Architect's review and “acceptance” thereof. 1.2 SCHEDULE: A.All work under this contract shall be performed in accordance with the project schedule as defined by the Owner or authorized representative. 1.3 CONTRACTOR'S PERFORMANCE: A.It is expected that the landscape contractor will be licensed and insured within the state or municipality where the work is being performed. B.The contractor's workmen shall be neat in appearance, perform their work in a professional manner, keep noise to a minimum and stage their work from a location on the site out of the way of the mainstream of the uses. In general, the contractor's presence on the site shall be as inconspicuous as possible. C.The intent and spirit of these Contract Documents is to provide a guideline for the contractor to follow in order to provide Owner with services of the highest quality. Where the contract documents refers to "as-needed" or "as-required" the intent is for the contractor to perform all necessary installation, maintenance, and protection of all built work services at the highest possible quality level. Nothing contained within these documents shall be interpreted as relieving the contractor of its responsibility to perform the work in a professional manner and to the complete satisfaction of the owner. D.If disputes arise as to the quality of the services performed between the contractor and the Owner (or Owners Designated Representative), the Landscape Architect shall make the final determination of all responsibilities and remedies. E.Report any discrepancies between the contract documents and field conditions to the Landscape Architect immediately for resolution PRIOR TO PROCEEDING with procurement, installation, or construction. F.The contractor shall comply with all federal environmental protection, state, and local water quality standards. G.The contractor shall answer emergency or complaint calls regarding all site works within eight (8) hours and corrective action shall be complete within twenty-four (24) hours. H.It is the contractors responsibility to fully secure all materials, tools, machinery, etc. when delivered to or stored at the project site. Failure to do so will make the contractor liable for any and all damages or theft there to arising from its operations and shall be immediately corrected by the contractor at no additional cost to the project. 1.4 JOB CONDITIONS: A.Contractor shall acquaint himself with all site conditions. Should excavation be required, the contractor shall promptly notify the local public works department, power company, and any other utilities (gas companies, cable tv, phone, etc.) forty-eight (48) hours minimum prior to construction operation and prior to any connection to existing utility locations. Failure to do so will make the contractor liable for any and all damage, costs, and penalties there to arising from its operations. It is the contractors responsibility to protect existing utilities from damage. Report any conflicts to the Landscape Architect within two (2) business days for resolution prior to construction. B.The contractor shall comply with Florida State Statute 553.81 "Protection of Underground Pipelines" for projects located within the State of Florida. C.Contractor shall provide traffic control during construction in accordance with the Federal Highway Administration Manual of Uniform Traffic Control Devices, millennium edition, and the Florida Department of Transportation Design Standards, latest edition, Traffic Control Through Work Zones, Series 600 Indices. 1.Any maintenance of traffic needs by the landscape contractor shall be coordinated with the general contractor and ongoing construction activities. D.All clearing and grubbing debris is to be burned or removed from site and is part of the clearing and grubbing task. A BURN PERMIT IS REQUIRED FROM THE LOCAL ENVIRONMENTAL MANAGEMENT DEPARTMENT IF BURNING IS TO OCCUR. All burning shall be done in compliance with local and governmental ordinances and restrictions regarding open fire sources. Notify the local fire department or fire control services forty-eight (48) hours prior to any burn. E.Where excavations are in close proximity of trees, the contractor shall use extreme care in not damaging the root system. No equipment, supplies, or vehicles shall be stored or parked within the drip line of trees to remain and be preserved. IT SHALL BE THE RESPONSIBILITY OF THE CONTRACTOR TO INFORM ALL OF HIS EMPLOYEES AND SUBCONTRACTORS OF THIS REQUIREMENT AND TO ENFORCE SAME. F.Certain trees may be designated by the Owner and/or the Landscape Architect to be saved and protected by the contractor. It is assumed these trees are healthy and are expected to be part of the landscape development or protected by code requirements. Therefore, if any tree(s) are damaged by construction operations or by other means (excluding lightning, windstorm and other acts of god) and perishes within the construction period, it shall be the responsibility of the contractor to remove and dispose of those trees. Approval from the Landscape Architect and Owner is required prior to removal of any trees designated to remain. No additional compensation shall be made by the owner for the labor, material, or machinery required to remove said tree(s). Furthermore, the Owner may seek compensation from the contractor if the damage and/or death of the tree(s) is due to the contractor's negligence as determined by the Landscape Architect. G.All existing site furnishings, paving, landscape and other elements designated to remain shall be protected from any damage unless otherwise noted. H.Caution should be exercised while working near existing at grade and/or overhead signs to prevent unnecessary damage. Signs and structures shall be repaired or replaced by the contractor at the contractor's expense if any are damaged as determined by the Landscape Architect and/or Owner. I.ANY PUBLIC LAND CORNER WITHIN THE LIMITS OF CONSTRUCTION IS TO BE PROTECTED. If a corner monument is in danger of being destroyed and has not been properly referenced, the contractor should notify the project surveyor without delay. J.Contractor and its subcontractors shall clean all work areas at the end of each working day. Rubbish and debris shall be collected and deposited off-site daily. All materials, products and equipment shall be stored in an organized fashion and in a designated area as directed by the Landscape Architect and/or Owner. K.These plans are provided for the purposes of the Landscape Architecture design intent and specific project scope of services. These plans are intended to be coordinated with other project design professions (architecture, civil, M/E/P, structural, aquatics, etc.) and should be used in conjunction with those professions to develop the full contract document package. For information regarding those professions, please refer to the appropriate plan sheets. L.These drawings may include information provided by others. The Landscape Architect has not verified the accuracy and/or completeness of this information and shall not be responsible for any errors or omissions which may be incorporated within these contract documents as a result. The location of the utilities shown in the plans are approximate only. The exact location shall be determined by the contractor prior to construction. All plantings may be subject to adjustment by the Landscape Architect to avoid conflicts with utilities and minor utilities may be adjusted at the direction of the Landscape Architect and/or Owner. M.The contractor shall verify all plant counts and report any discrepancies to the Landscape Architect PRIOR TO procurement, delivery, and/or construction. 1.5 REQUIRED COORDINATION OF JOB CONDITIONS AND LANDSCAPE WORK: A.Contractor and its subcontractors shall be responsible to replace all portions of existing lawn areas damaged during or caused by construction activities with same grass species to the satisfaction of the Landscape Architect and/or Owner at no additional cost to the project. Any rutting created by the treads or tires of equipment shall be re-graded prior to grass replacement. B.Contractor shall take necessary precautions to protect site conditions, irrigation and plants. Should damage be incurred, the contractor shall repair damage at its expense to its original condition or furnish and install equal replacement as determined by the Landscape Architect. C.Contractor and its subcontractors shall re-grade all areas disturbed by plant removal, relocation and/or installation work. Contractor shall replace (by equal size and quality) any and all existing plant material disturbed or damaged by plant removal, relocation, and/or installation work. D.PRIOR TO THE START OF CONSTRUCTION ACTIVITIES, preserve areas within and adjoining the area of construction activity shall be protected by erection of tree protection barricades and/or silt barriers. Tree protection barricades shall meet the standards of the local Land Development Code (LDC). Silt barriers shall be constructed in accordance with the best management practices. E.The locations of plants, as shown in these plans, are approximate. The final locations may be adjusted to accommodate unforeseen field conditions, to comply with safety setback criteria, to avoid creating unsafe sight conditions, or as otherwise directed by, or approved by, the Landscape Architect. Determination of final location and subsequent changes to meet these criteria if necessary shall not incur additional project costs. F.Contractor shall field adjust location of plant material as necessary to avoid damage to all existing underground utilities and/or existing above ground elements. Any adjustment necessary shall be documented and brought to the Landscape Architect's attention as soon as practical. Any adjustment greater than eight (8) feet shall be done under the approval and/or supervision of the Landscape Architect. G.All proposed ground elevations in landscape areas are finished sod elevations. Finish earthwork grading shall be three (3) inches below elevations shown to allow for sod and topsoil thickness. H.Sodding includes maintaining slopes and sod until completion and acceptance of total project or growth is established, whichever comes last. Until then, all erosion, silt control, and maintenance of grades and grass is the responsibility of the contractor. Where erosion, siltation, and loss of grade has become apparent as determined by the Landscape Architect, the contractor shall correct all occurrences at no additional cost to the project. I.All landscape materials shall be maintained to provide continuous clear zones for sight visibility for pedestrian and vehicular traffic and landscape maintenance shall conform to standards set forth in FDOT Roadway and Traffic Design Standards, latest edition, Series 500 Indices. J.The contractor of record shall ensure that installation in medians and rights of ways conforms to criteria set forth in FDOT Roadway and Traffic Design Standards, latest edition. Drawing No. ScaleProject No. Sheet ofRevision Seal The Contractor shall verify and be responsible for all dimensions. DO NOT scale the drawing - any errors or omissions shall be reported to Stantec without delay. The Copyrights to all designs and drawings are the property of Stantec. Reproduction or use for any purpose other than that authorized by Stantec is forbidden. 215600966 Issue/Revision L0002.dwg KNB KGM FAD 04/2022 By Appd.YYYY.MM.DD - VICE MAYOR ROBERT C. WELSH JR. PARK CITY OF SOUTH MIAMI SOUTH MIAMI, FLORIDA3510 KRAFT ROAD, SUITE 200 NAPLES, FLORIDA, 34105 www.stantec.com KEVIN G. MANGAN, PLA FL LIC. NO.: LA 0001337 STANTEC CONSULTING SERVICES INC. 3510 KRAFT ROAD, SUITE 200, NAPLES, FLORIDA, 34105 100% CD Submittal KNB FAD 2021.07 L0008 100% CD Submittal - Owner Directed Changes KNB FAD 2021.07 Final Construction Documents Submittal KNB FAD 2022.04 Landscape General Notes / General Site and Construction Notes n/a Kevin G Mangan 2022.04.0 7 20:06:15 -04'00' 192 K. The following guidelines shall be utilized to ensure successful transplanting of trees: 1.Any tree being relocated shall not be unnecessarily damaged during removal, transport or replanting of that tree. 2.During and following transplanting, the root ball shall be kept moist at all times. 3.Transplanted trees shall be braced for at least one (1) year. 4.Transplanted trees shall not be fertilized at planting time, but shall be watered sufficiently until the tree growth is re-established. 5.All crown pruning shall be done in accordance with National Arborist Association Standards or palm pruning in accordance with city/county standards and/or the standards listed in "Arboriculture Second Edition" by Richard W. Harris, as amended. L.All existing trees to remain shall be protected by installing protective barriers around the drip line of trees. The protective barriers shall be seen easily by operators of trucks and other equipment. Protective barriers shall be constructed of sturdy materials (not flagging or ribbons) and shall be installed prior to and during construction and/or land development. All existing planting shall remain intact and undisturbed unless otherwise noted on the plans. Contractor shall install a 4.0' height orange nylon or chain link type fence affixed with ties, nails or staples to sturdy posts (metal fence stakes or 2x4 wood, set to a depth of 2'-6" minimum) surrounding all existing vegetation and/or vegetation to be protected and relocated. Contractor shall continuously maintain the fence for the duration of construction and repair or replace damaged or fallen sections as necessary. Fence to be installed in the critical protection zone - the area surrounding a tree within a circle described by a radius of one (1) foot for each inch of tree trunk diameter measured at 54" above finished grade (for groups of trees, locate fence between trees and construction activity). the fence shall be located to protect a minimum of 75% of the critical protection zone. Shrubs and groundcover vegetation shall have a minimum 5.0' buffer between fence and construction zone. No construction debris, vehicles, chemicals, or other construction activity shall be allowed within the root zone and/or critical protection zone: 1.DO NOT STORE OR USE MATERIALS OR EQUIPMENT WITHIN THE DRIP LINE OF ANY TREE to be relocated or to remain in place on site unless the activity is being done to protect the trees. 2.DO NOT DISCHARGE OR CONTAMINATE THE SOIL WITHIN THE DRIP LINE OF ANY TREE to be relocated or to remain on site with any construction materials such as paint, oil, solvents, petroleum products, asphalt, concrete, mortar, or other materials that may cause adverse impacts. The contractor and its subcontractors Failure to do so will make the contractor shall be responsible for protecting and enforcing these requirements. liable for any and all damages there to arising from its operations and shall be immediately corrected by the contractor at no additional cost to the project. Furthermore, the Owner may seek replacement of tree(s) of same species and physical specifications or other compensation from the contractor if the damage and/or death of the tree(s) is due to the contractor's negligence as determined by the Landscape Architect. 3.Clearing of vegetation within the drip line of trees designated for preservation shall be performed cautiously with hand tools only as to minimize the adverse impacts that may cause damage to tree roots while operating heavy equipment. 4.Make no attachments, other than those of a protective and non-damaging nature, to any tree to be retained on the site. 5.Natural grade above the root system within the drip line of any preserved trees disturbed during construction shall be returned to its original grade after construction. M.Xeriscape principles as outlined in the South Florida Water Management District Xeriscape Plant Guide 2 shall be applied throughout landscape installation and maintenance for projects within the State of Florida. 1.6.SAFETY: A.Stantec Consulting Services Inc. supports a robust organizational safety culture encompassing Health, Safety, Security, and Environment (HSSE). Stantec Consulting Services Inc. reserves the right of their employees to follow Safe Work Practices and identify and limit their exposure to hazards in the work environment. Stantec Representatives are authorized and obligated to stop their own work activities, remove themselves from the hazardous environment, and report to their supervisor, the Client, and/or Prime Contractor an unsafe action, behavior, omission, or non-action of any party potentially leading to injury or damage so they can take prompt action. Work that has ceased due to a Stop Work order shall not be resumed until all safety aspects are cleared to the satisfaction of their supervisor and/or Stantec Corporate HSSE Manager. Should the project site be inaccessible to field staff for any reason outside of Stantec's control, and to the extent that there are cost or schedule impacts resulting from access restrictions, Stantec shall be entitled to an equitable change order and schedule relief. The Client and Prime Contractor agree that there shall be no blame, fault, or penalty of any type on any employee who follows this process and stops work (or notifies others to stop work if authorized to do so) in good faith, even if, upon investigation, the work stoppage was deemed unnecessary. B.It is expected that the Prime Contractor and its sub-consultants will identify and make aware to Stantec field staff any current or upcoming operations associated with chemical, physical, ergonomic, biologic, or environmental hazards prior to staff's commencement of project site activities. The Prime Contractor will also keep current, recommend, and maintain appropriate construction site PPE notifications. Hazardous project site activities are described as, but not limited to heavy equipment use, demolition, storage areas of hazardous or caustic materials, locations of ground disturbance, excavation, and fall areas, handling and remediation of chemicals, a change in traffic MOT, wildlife encounters, areas of venting and chemical off-gassing, overhead or underground electrical exposure, gray or waste water contamination, pesticide or herbicide applications, etc. END OF SECTION Drawing No. ScaleProject No. Sheet ofRevision Seal The Contractor shall verify and be responsible for all dimensions. DO NOT scale the drawing - any errors or omissions shall be reported to Stantec without delay. The Copyrights to all designs and drawings are the property of Stantec. Reproduction or use for any purpose other than that authorized by Stantec is forbidden. 215600966 Issue/Revision L0002.dwg KNB KGM FAD 04/2022 By Appd.YYYY.MM.DD - VICE MAYOR ROBERT C. WELSH JR. PARK CITY OF SOUTH MIAMI SOUTH MIAMI, FLORIDA3510 KRAFT ROAD, SUITE 200 NAPLES, FLORIDA, 34105 www.stantec.com KEVIN G. MANGAN, PLA FL LIC. NO.: LA 0001337 STANTEC CONSULTING SERVICES INC. 3510 KRAFT ROAD, SUITE 200, NAPLES, FLORIDA, 34105 100% CD Submittal KNB FAD 2021.07 L0009 100% CD Submittal - Owner Directed Changes KNB FAD 2021.07 Final Construction Documents Submittal KNB FAD 2022.04 Landscape General Notes / General Site and Construction Notes n/a Kevin G Mangan 2022.04.0 7 20:06:15 -04'00' 193 //////////////////////////////////// /// // / // / // / // / // / // / // / // / // ////////////////////////////// /////////////////////////// / /////////////////////////////////////////////////////////////////////////////////////////////////////////// / // / // /////////////OHEOHEOHEOHEOHEOHEOHEOHEOHEOHEOHEOHEOHEOHEOHEOHEOHEOHE OHE OHE OHE OHE W W ////////////// / // / /// /// /// /// //////////////////SW 66TH AVENUEEXISTING PALM (TYP.) 1 5 4 6 3 7 8 11 13 20 9 12 14 19 21 22 23 2844 42 24 43 18 15 16 10 17 45 46 4847 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 EXISTING TREE (TYP.) LINE OF EXISTING VEGETATION CANOPY ABOVE (TYP.) 2 NORTH GRAPHIC SCALE 0 4 8 16' DISPOSITION NOTES: 1.NUMERIC CALLOUTS REFER TO THE EXISTING TREE AND PALM IDENTIFICATION AND DISPOSITION LEGEND THIS SHEET. 2.ALL TREE AND PALM LOCATIONS DESIGNATED TO REMAIN SHALL BE PROTECTED WITH TREE PROTECTION BARRICADES PER DETAILS LOCATED ON SHEET LP502. 3.NO CONSTRUCTION DEBRIS, VEHICLES, CHEMICALS, OR OTHER CONSTRUCTION ACTIVITY SHALL BE ALLOWED WITHIN THE ROOT ZONE. 4.VEGETATION TO BE RELOCATED SHALL BE CROWNED / ROOT PRUNED SIX (6) MONTHS PRIOR TO RELOCATION. 5.CONTRACTOR TO SUPPLY A RELOCATION SCHEDULE FOR ALL MATERIAL TO BE RELOCATED. DISPOSITION SYMBOLS LEGEND: EXISTING PALM EXISTING PALM TO BE RELOCATED EXISTING TREE EXISTING TREE TO BE RELOCATED TREE OR PALM TO BE REMOVED # # 1/8" = 1'-0" Drawing No. ScaleProject No. Sheet ofRevision Seal The Contractor shall verify and be responsible for all dimensions. DO NOT scale the drawing - any errors or omissions shall be reported to Stantec without delay. The Copyrights to all designs and drawings are the property of Stantec. Reproduction or use for any purpose other than that authorized by Stantec is forbidden. 215600966 Issue/Revision LD101.dwg KNB KGM FAD 04/2022 By Appd.YYYY.MM.DD - VICE MAYOR ROBERT C. WELSH JR. PARK CITY OF SOUTH MIAMI SOUTH MIAMI, FLORIDA3510 KRAFT ROAD, SUITE 200 NAPLES, FLORIDA, 34105 www.stantec.com KEVIN G. MANGAN, PLA FL LIC. NO.: LA 0001337 STANTEC CONSULTING SERVICES INC. 3510 KRAFT ROAD, SUITE 200, NAPLES, FLORIDA, 34105 100% CD Submittal KNB FAD 2021.07 LD101 100% CD Submittal - Owner Directed Changes KNB FAD 2021.07 Final Construction Documents Submittal KNB FAD 2022.04 Vegetation Disposition Plan and Disposition Schedule # # Kevin G Mangan 2022.04.0 7 20:06:15 -04'00' 194 // / ///// / // / // / // / // / // / // / // / // / /// /// /// /// /// /// /// /// /// ////////////////////////////////////////////////////////////////////////////////////////// /// /// /// // ////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////// /////////////OHEOHEOHEOHEOHEOHEOHEOHEOHEOHEOHEOHE OHE OHE OHE OHE OHE OHE OHE OHE OHE OHE OHE OHE OHE OHE OHE OHE OHE W W///////////////////////////// / // / // / // ////////////////////////////////////////// / ///// ////////////////////////////SW 74TH TERRACE LINE OF EXISTING VEGETATION CANOPY ABOVE (TYP.) EXISTING TREE (TYP.) 29 27 26 30 3133 41 39 40 37 38 36 34 35 32 71 72 73 74 75 7677 78 79 80 81 82 83 84 89 90 92 25 91 EXISTING PALM (TYP.) 85 86 87 88 CLEAR AND GRUB EXISTING PLANTING BED AND UNDERSTORY PLANTS Drawing No. ScaleProject No. Sheet ofRevision Seal The Contractor shall verify and be responsible for all dimensions. DO NOT scale the drawing - any errors or omissions shall be reported to Stantec without delay. The Copyrights to all designs and drawings are the property of Stantec. Reproduction or use for any purpose other than that authorized by Stantec is forbidden. 215600966 Issue/Revision LD101.dwg KNB KGM FAD 04/2022 By Appd.YYYY.MM.DD - VICE MAYOR ROBERT C. WELSH JR. PARK CITY OF SOUTH MIAMI SOUTH MIAMI, FLORIDA3510 KRAFT ROAD, SUITE 200 NAPLES, FLORIDA, 34105 www.stantec.com KEVIN G. MANGAN, PLA FL LIC. NO.: LA 0001337 STANTEC CONSULTING SERVICES INC. 3510 KRAFT ROAD, SUITE 200, NAPLES, FLORIDA, 34105 100% CD Submittal KNB FAD 2021.07 LD102 100% CD Submittal - Owner Directed Changes KNB FAD 2021.07 Final Construction Documents Submittal KNB FAD 2022.04 NORTH GRAPHIC SCALE 0 4 8 16' Vegetation Disposition Plan 1/8" = 1'-0" DISPOSITION NOTES: 1.NUMERIC CALLOUTS REFER TO THE EXISTING TREE AND PALM IDENTIFICATION AND DISPOSITION LEGEND SHEET LD101. 2.ALL TREE AND PALM LOCATIONS DESIGNATED TO REMAIN SHALL BE PROTECTED WITH TREE PROTECTION BARRICADES PER DETAILS LOCATED ON SHEET LP502. 3.NO CONSTRUCTION DEBRIS, VEHICLES, CHEMICALS, OR OTHER CONSTRUCTION ACTIVITY SHALL BE ALLOWED WITHIN THE ROOT ZONE. 4.VEGETATION TO BE RELOCATED SHALL BE CROWNED / ROOT PRUNED SIX (6) MONTHS PRIOR TO RELOCATION. 5.CONTRACTOR TO SUPPLY A RELOCATION SCHEDULE FOR ALL MATERIAL TO BE RELOCATED. DISPOSITION SYMBOLS LEGEND: EXISTING PALM EXISTING PALM TO BE RELOCATED EXISTING TREE EXISTING TREE TO BE RELOCATED TREE OR PALM TO BE REMOVED # # # # Kevin G Mangan 2022.04.0 7 20:06:15 -04'00' 195 3 7 8 13 24 4 6 9 12 18 23 22 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 4847 46 2 //////////////////////////////////// /// // / // / // / // / // / // / // / // / // ////////////////////////////// /////////////////////////// / /////////////////////////////////////////////////////////////////////////////////////////////////////////// / // / // /////////////OHEOHEOHEOHEOHEOHEOHEOHEOHEOHEOHEOHEOHEOHEOHEOHEOHEOHE OHE OHE OHE OHE W W ////////////// / // / /// /// /// /// ////////////////// X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X SW 66TH AVENUESITE ELEMENTS LEGEND 1 RIBBON 7-BICYCLE BIKE RACK BY BRANDIR INTERNATIONAL INC. OR APPROVED EQUAL MODEL #1-07-S-S, SURFACE FLANGE MOUNT https://www.ribbonrack.com/tech_specs.shtml 2 CARNIVAL TRASH RECEPTACLE BY THOMAS STEELE OR APPROVED EQUAL MODEL #CRTRD-32-P_LIDD-D-P_FOREST GREEN; POWDER COATED E-STEEL; RECEPTACLE DOOR; 32-GALLON; DOME LID; STAINLESS STEEL MOUNTING HARDWARE WITH RUBBER FEET https://www.thomas-steele.com/carnival-litter-receptacle 3 GRAMERCY BENCH BY THOMAS STEELE OR APPROVED EQUAL MODEL #GRB-RD_FOREST GREEN; POWDER COATED E-STEEL; ROD MATERIAL; STAINLESS STEEL MOUNTING HARDWARE WITH RUBBER FEET https://www.thomas-steele.com/gramercy-bench-backed 4 FRONT APPROACH ADA HI/LO WATER FOUNTAIN BY MOST DEPENDABLE FOUNTAINS OR APPROVED EQUAL MODEL #440 SMSSFA, 304 SCHEDULE 10 STAINLESS STEEL, FRONT APPROACH, CHROME, RECESSED HOSE BIBB LOCKING COVER https://www.mostdependable.com/product/440-smfa-front-approach/ 5 PARK SIGNS BY OWNER SELECTED SIGN MANUFACTURER. REFERENCE CITY STANDARD PARK SIGNAGE DESIGN AVAILABLE THROUGH THE CITY FOR IDENTIFICATION TYPE SIGN (WEST) AND MARKER TYPE SIGN (SOUTH) FOR DETAILS AND SPECIFICATIONS. 6 CHALLENGERS,PLAYMAKERS BOULDER CLIMBER BY PLAYWORLD OR APPROVED EQUAL MODEL #ZZUN8814 https://playworld.com/products/boulder-climber PLAYGROUND DETAILS ARE BY MANUFACTURER AND FULL DETAILED SHOP DRAWING ARE REQUIRED FOR APPROVAL PRIOR TO PROCUREMENT AND/OR INSTALLATION 7 ADVENTURE SERIES: THE GRID BY PLAYWORLD OR APPROVED EQUAL MODEL #ZZCH8408 https://playworld.com/products/adventure-series-grid PLAYGROUND DETAILS ARE BY MANUFACTURER AND FULL DETAILED SHOP DRAWING ARE REQUIRED FOR APPROVAL PRIOR TO PROCUREMENT AND/OR INSTALLATION 8 CHALLENGERS PLAYGROUND SET BY PLAYWORLD OR APPROVED EQUAL MODEL #350-1738 OR APPROVED EQUAL https://playworld.com/products/350-1738 PLAYGROUND DETAILS ARE BY MANUFACTURER AND FULL DETAILED SHOP DRAWING ARE REQUIRED FOR APPROVAL PRIOR TO PROCUREMENT AND/OR INSTALLATION 9 PEBBLEFLEX PLAYGROUND SAFETY SURFACE BY LANDSCAPE STRUCTURES; COLOR BLUE BLEND https://www.playlsi.com/en/commercial-playground-equipment/play-surfacing/pebbleflex/ 10 12' x 12' SQUARE SHADE STRUCTURE BY SUPERIOR SHELTER OR APPROVED EQUAL EVERGREEN POWDER COATED METAL ROOF PANELS WITH RUBBED BRONZE STEEL POSTS AND FRAMING https://srpshelter.com/p/square-shelter 11 STATE STREET COURTYARD TABLE BY THOMAS STEELE OR APPROVED EQUAL 6 FLAT SEATS; EMBOSSED RECYCLED PLASTIC MAHOGANY TABLE MATERIAL; FOREST GREEN FRAME AND SEATS https://www.thomas-steele.com/state-street-table#product-info-specs 12 INTEGRAL COLORED CONCRETE SIDEWALK WITH BROOM FINISH TEXTURE - SEE DETAILS 13 EXISTING DECORATIVE METAL FENCE TO REMAIN 14 OPEN LAWN PLAY AREA 15 36" HEIGHT CLOSED TOP PICKET FENCE, VINYL PICKET; WHITE; PROVIDE SHOP DRAWINGS AND FENCE DATA FOR LANDSCAPE ARCHITECT APPROVAL PRIOR TO PROCUREMENT AND/OR CONSTRUCTION. REFERENCE FENCE STYLE BY FLORIDA STATE FENCE OR APPROVED EQUAL. https://www.floridastatefence.com/wp-content/uploads/2020/01/fsf_vinyl_picket.pdf 16 CONCRETE BASKETBALL HALF COURT WITH PAINTED STRIPING - SEE DETAILS 17 TURFSTONE PERMEABLE CONCRETE STABILIZATION PAVER BY BELGARD OR APPROVED EQUAL PROVIDE COMPACTED ROADBED BELOW WITH WASHED #57 STONE OPEN CELL INFILL https://www.belgard.com/products/permeable-pavers/turfstone 18 STEEL BACKED TIMBER GUARDRAIL TYPE B BY COR-TENN COMPANY OR APPROVED EQUAL - SEE DETAILS https://www.cor-ten.com/steel-backed-timber-guardrail/ 19 TACTILE WARNING STRIP - SEE CIVIL DRAWINGS 50.0'42.0'5.0'16.3'2.0'5.0'5.0'5.0' X X X X X X X X X X X X X X X X X X X X X X 16 1 2 2 2 3 3 3 3 4 5 6 7 9 10 11 12 12 12 13 13 13 14 14 15 18 18 LS501 C3 LS506 A1 LS503 A2 LS504 A1 LS503 A1 LS505 A1 LS502 B3 LS501 B1 LS503 A3 TOTAL PROJECT SITE AREA WITHIN PROPERTY BOUNDARY IS 16,739 SF (0.38 ACRES). EXISTING POWER POLE AND OVERHEAD POWER LINES EXISTING BELOW GRADE UTILITIES 5.0' CANAL MAINTENANCE EASEMENT EXISTING FENCE LINE APPROXIMATE WATER LEVEL WATERWAY TOP OF SLOPE PROPERTY LINE / WATERWAY ROW EDGE OF EXISTING ROADWAY PAVEMENT PROPERTY LINE / ROW LINE HEAVY TIMBER GUARD RAIL TO PREVENT VEHICLE SIDEWALK CROSSING AND PROVIDE PEDESTRIAN SAFE-HARBOR (TYP) LINE OF EXISTING VEGETATION CANOPY ABOVE (TYP.) EXISTING TREE (TYP.) EXISTING PALM (TYP.) NOTES: REFER TO CIVIL ENGINEERS DRAWINGS FOR: ·SITE LAYOUT GEOMETRY ·UTILITIES (POTABLE WATER, POWER, ETC.) ·SURFACE WATER MANAGEMENT ·SITE DEVELOPMENT REQUIREMENTS NOTES: REFER TO COURT DETAILS FOR LAYOUT, FINISH, AND JOINT LOCATIONS EXPANSION JOINT (TYP.) SAWCUT JOINT (TYP.) 5.0' CANAL MAINTENANCE EASEMENT PROPERTY LINE / WATERWAY ROW EXISTING FENCE LINE 5.0' RUN OUT / COURT SAFETY BUFFER 5.0' COURT SAFETY BUFFER / RUN-OFF LS501 C1 19 Drawing No. ScaleProject No. Sheet ofRevision Seal The Contractor shall verify and be responsible for all dimensions. DO NOT scale the drawing - any errors or omissions shall be reported to Stantec without delay. The Copyrights to all designs and drawings are the property of Stantec. Reproduction or use for any purpose other than that authorized by Stantec is forbidden. 215600966 Issue/Revision LS101.dwg KNB KGM FAD 04/2022 By Appd.YYYY.MM.DD - VICE MAYOR ROBERT C. WELSH JR. PARK CITY OF SOUTH MIAMI SOUTH MIAMI, FLORIDA3510 KRAFT ROAD, SUITE 200 NAPLES, FLORIDA, 34105 www.stantec.com KEVIN G. MANGAN, PLA FL LIC. NO.: LA 0001337 STANTEC CONSULTING SERVICES INC. 3510 KRAFT ROAD, SUITE 200, NAPLES, FLORIDA, 34105 100% CD Submittal KNB FAD 2021.07 LS101 100% CD Submittal - Owner Directed Changes KNB FAD 2021.07 Final Construction Documents Submittal KNB FAD 2022.04 NORTH GRAPHIC SCALE 0 4 8 16' Site Plan 1/8" = 1'-0" Kevin G Mangan 2022.04.0 7 20:06:15 -04'00' 196 80 30 3133 25 36 34 7172 737475 76 777879 38 37 32// / ///// / // / // / // / // / // / // / // / // / /// /// /// /// /// /// /// /// /// ////////////////////////////////////////////////////////////////////////////////////////// /// /// /// // ////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////// /////////////OHEOHEOHEOHEOHEOHEOHEOHEOHEOHEOHEOHE OHE OHE OHE OHE OHE OHE OHE OHE OHE OHE OHE OHE OHE OHE OHE OHE OHE W W///////////////////////////// / // / // / // ////////////////////////////////////////// / ///// //////////////////////////// X X X X X X X X X SW 74TH TERRACE 5.0' 5 . 0 ' X X X X X X X X X X X X X X X X 8 5 12 12 13 14 15 17 17 18 18 LS501 C3 LS504 A2 LS502 B3 LS501 C3 EXISTING GUARD RAIL WITH SWING GATE AND TURF BOAT RAMP "NO PARKING BEYOND THIS POINT" SIGN (TYP.) PROPERTY LINE / WATERWAY ROW 5.0' CANAL MAINTENANCE EASEMENT APPROXIMATE WATER LEVEL WATERWAY TOP OF SLOPE EXISTING TREE (TYP.)LINE OF EXISTING VEGETATION CANOPY ABOVE (TYP.) EXISTING PALM (TYP.) HEAVY TIMBER GUARD RAIL TO PREVENT VEHICLE SIDEWALK CROSSING AND PROVIDE PEDESTRIAN SAFE-HARBOR (TYP) STABILIZED PARKING AREA WITH FLUSH CURB (TYP) PROPERTY LINE / ROW LINE PLAYGROUND EQUIPMENT FALL SAFETY BUFFER (TYP.) EDGE OF EXISTING ROADWAY PAVEMENT LS501 B1 LS501 C1 19 Drawing No. ScaleProject No. Sheet ofRevision Seal The Contractor shall verify and be responsible for all dimensions. DO NOT scale the drawing - any errors or omissions shall be reported to Stantec without delay. The Copyrights to all designs and drawings are the property of Stantec. Reproduction or use for any purpose other than that authorized by Stantec is forbidden. 215600966 Issue/Revision LS101.dwg KNB KGM FAD 04/2022 By Appd.YYYY.MM.DD - VICE MAYOR ROBERT C. WELSH JR. PARK CITY OF SOUTH MIAMI SOUTH MIAMI, FLORIDA3510 KRAFT ROAD, SUITE 200 NAPLES, FLORIDA, 34105 www.stantec.com KEVIN G. MANGAN, PLA FL LIC. NO.: LA 0001337 STANTEC CONSULTING SERVICES INC. 3510 KRAFT ROAD, SUITE 200, NAPLES, FLORIDA, 34105 100% CD Submittal KNB FAD 2021.07 LS102 100% CD Submittal - Owner Directed Changes KNB FAD 2021.07 Final Construction Documents Submittal KNB FAD 2022.04 NORTH GRAPHIC SCALE 0 4 8 16' Site Plan 1/8" = 1'-0" Kevin G Mangan 2022.04.0 7 20:06:15 -04'00' 197 Drawing No. ScaleProject No. Sheet ofRevision Seal The Contractor shall verify and be responsible for all dimensions. DO NOT scale the drawing - any errors or omissions shall be reported to Stantec without delay. The Copyrights to all designs and drawings are the property of Stantec. Reproduction or use for any purpose other than that authorized by Stantec is forbidden. 215600966 Issue/Revision LS501.dwg KNB KGM FAD 04/2022 By Appd.YYYY.MM.DD - VICE MAYOR ROBERT C. WELSH JR. PARK CITY OF SOUTH MIAMI SOUTH MIAMI, FLORIDA3510 KRAFT ROAD, SUITE 200 NAPLES, FLORIDA, 34105 www.stantec.com KEVIN G. MANGAN, PLA FL LIC. NO.: LA 0001337 STANTEC CONSULTING SERVICES INC. 3510 KRAFT ROAD, SUITE 200, NAPLES, FLORIDA, 34105 100% CD Submittal KNB FAD 2021.07 LS501 100% CD Submittal - Owner Directed Changes KNB FAD 2021.07 Final Construction Documents Submittal KNB FAD 2022.04 As Noted Site Details 5'-0" UNDISTURBED GRADE 5"112"FINISH GRADE SCALE: Sidewalk - Pedestrian / Vehicular Rated C3 DT-SidewalkSection.dwg 1" = 1'-0" 5" THICK CONCRETE SIDEWALK WITH 6x6 1.4/1.4 WWF IN FLAT PANELS. FINISH VARIES - SEE MATERIAL AND FINISHES PLANS NOTES: 1.SEE "LS SERIES" PLANS FOR SURFACE MATERIAL TYPE, FINISH/PATTERN, AND EXTENTS. 2.CONFIRM CROSS-SECTION WITH CIVIL ENGINEER. REPORT ANY DISCREPANCIES TO LANDSCAPE ARCHITECT FOR RESOLUTION. 2 C 6" LIMEROCK BASE PRIMED AND COMPACTED TO 98% OF MAXIMUM DENSITY AS DETERMINED BY AASHTO T-180 REFER TO CIVIL DRAWINGS CONCRETE WALK EQUAL TO WIDTH OF WALK OR 8.0' MAXIMUMVARIES - SEE PLANSSCALE: Concrete Sidewalk Joint Requirements A3 DT-SidewalkPlan.dwg 1/2" = 1'-0" CONTRACTION/CONTROL JOINTS: SAW CUT TO 1/4 DEPTH OF SIDEWALK. COLD JOINTS: PROVIDE COLD JOINTS BETWEEN ADJACENT POURS OF DIFFERING CONCRETE MATERIAL FINISHES/COLORS AS APPLICABLE. EXPANSION JOINTS: 30.0' O.C. MAX, EVEN SPACING.NOTE: SEE PLANS/MATERIAL SCHEDULE FOR CONCRETE LOCATION,TYPE AND FINISH SCALE: Sawcut Joint B1 DT-JOINT-SAWCUT.dwg 2" = 1'-0"DIM VARIES1/4" MAX. NOTE: 1.SAW CUT JOINTS TO BE 1/4 SLAB THICKNESS MAX. 2.SEE LS100 SERIES PLANS FOR JOINT LAYOUT. 3.PROVIDE SAW CUT JOINTS AS SHOWN IN PLANS. SAW CUT JOINT - SEE LS500 SERIES DRAWINGS FOR CONCRETE JOINT REQUIREMENTS SCALE: Expansion Joint C1 DT-JOINT-EXPANSION.dwg 2" = 1'-0" NOTES: 1.SEE LS100 SERIES PLANS FOR JOINT LAYOUT PLAN / DESIGN. 2.PROVIDE EXPANSION JOINT BETWEEN ADJACENT CONCRETE FINISHES AS APPLICABLE. 3.PROVIDE EXPANSION JOINTS BETWEEN SIDEWALK AND CURB OR AT ANY OTHER RIGID STRUCTURE. 4.EXPANSION JOINTS SHALL BE PROVIDED AT 30 FEET MAXIMUM, EQUAL SPACING. 5.COMPRESSIVE STRENGTH OF CONCRETE SHALL BE 3,000 PSI @ 28 DAYS FOR SIDEWALKS. 6.MINIMUM THICKNESS OF SIDEWALK 6 INCHES FOR PEDESTRIAN/VEHICULAR DUAL-USE AREAS. CONCRETE DRIVEWAYS AND/OR CURB CUTS SHALL BE 6 INCHES THICK MINIMUM AND SHALL BE REINFORCED WITH 6x6 W1.4/W1.4 WELDED WIRE MESH, PLACED 2 INCHES MINIMUM CLEAR FROM BOTTOM. 7.FOR SIDEWALKS OR DRIVEWAYS WITHIN A ROW, COMPACT SUBGRADE TO 98% OF MAXIMUM DENSITY AS DETERMINED BY ASTM 1157. COMPACTION OUTSIDE ROW MAY BE 95% OF MAXIMUM DENSITY. 1/4" TROWELED RADIUS ON JOINT - BOTH SIDES 1/2" SEALTIGHT FIBRE EXPANSION JOINT WITH SNAP-CAP BY WR MEADOWS SCALE: Cold Joint A1 DT-JOINT-COLD.dwg 2" = 1'-0" 1/4" TROWELED RADIUS ON JOINT - BOTH SIDES NOTE: 1.SEE PLANS FOR JOINT LAYOUT PLANS AND BAND/FIELD DECK DESIGN. 2.PROVIDE COLD JOINTS BETWEEN ADJACENT POURS OF DIFFERING CONCRETE MATERIAL FINISHES/COLORS AS APPLICABLE. SECTION PLAN Kevin G Mangan 2022.04.0 7 20:06:15 -04'00' 198 Drawing No. ScaleProject No. Sheet ofRevision Seal The Contractor shall verify and be responsible for all dimensions. DO NOT scale the drawing - any errors or omissions shall be reported to Stantec without delay. The Copyrights to all designs and drawings are the property of Stantec. Reproduction or use for any purpose other than that authorized by Stantec is forbidden. 215600966 Issue/Revision LS501.dwg KNB KGM FAD 04/2022 By Appd.YYYY.MM.DD - VICE MAYOR ROBERT C. WELSH JR. PARK CITY OF SOUTH MIAMI SOUTH MIAMI, FLORIDA3510 KRAFT ROAD, SUITE 200 NAPLES, FLORIDA, 34105 www.stantec.com KEVIN G. MANGAN, PLA FL LIC. NO.: LA 0001337 STANTEC CONSULTING SERVICES INC. 3510 KRAFT ROAD, SUITE 200, NAPLES, FLORIDA, 34105 100% CD Submittal KNB FAD 2021.07 LS502 100% CD Submittal - Owner Directed Changes KNB FAD 2021.07 Final Construction Documents Submittal KNB FAD 2022.04 SCALE: Steel-Backed Timber Guardrail Elevation A3 DT_TimberGuardrail-Section.dwg 1" = 1'-0" 10'-0" 11'-0" 10" X 12" X 7'-0" ROUGH SAWN TIMBER POST AT 10'-0" O.C.2'-3"12"10"6"3 8" STEEL SPLICE PLATE 3 8" STEEL RAIL 6" X 10" ROUGH SAWN TIMBER RAIL 9'-9" SCALE: Steel-Backed Timber Guardrail Section A1 DT_TimberGuardrail-Section.dwg 1" = 1'-0"1'-10"2'-3"5" COLORED CONCRETE SLAB WITH W1.4 X W1.4 6X6 WWF IN FLAT PANELS 5'-0"3'-6"3'-6" 6" LIMEROCK BASE PRIMED AND COMPACTED TO 98% OF MAXIMUM DENSITY AS DETERMINED BY AASHTO T-180; REFER TO CIVIL DRAWINGS4'-8"STEEL RAIL 3 8" THICKNESS 2 C CONCRETE 10" X 12" X 7'-0" ROUGH SAWN TIMBER POST AT 10'-0" O.C. 6" X 10" 9'-11 1/2" ROUGH SAWN TIMBER RAIL 6"1/2"1/2"3/4" NOTE: 1.ALL TIMBER SHALL BE PRESSURE TREATED HEARTWOOD AND BE FREE OF BLEMISHES, CHECKING, CRACKS, DAMAGED EDGES, KNOTS, AND BE STRAIGHT WITHOUT A BOW OR TWIST. 2.SEE MANUFACTURER'S RECOMMENDATIONS FOR POST EMBEDMENT DETAILS. 3.FULL SHOP DRAWINGS REQUIRED FOR LANDSCAPE ARCHITECT APPROVAL PRIOR TO PROCUREMENT/INSTALLATION. 4.SEE CIVIL ENGINEER'S DRAWINGS FOR "NO PARKING BEYOND THIS POINT" SIGN DETAILS AND LOCATION. SLOPE TOP OF POST TO SHED WATER MANUFACTURER: COR-TENN COMPANY MODEL: STEEL BACKED TIMBER GUARDRAIL TYPE B https://www.cor-ten.com/steel-backed-timber-guardrail/ SIDEWALK EXISTING SW 74 TERRACE 5'-0"3'-6"3'-6"5'-0"2 C CONCRETE SCALE: Steel-Backed Timber Guardrail Plan B3 DT_TimberGuardrail-Section.dwg 3/4" = 1'-0" 10" X 12" X 7'-0" ROUGH SAWN TIMBER POST AT 5'-0" O.C. 3 8" STEEL RAIL 6" X 10" ROUGH SAWN TIMBER RAIL 3 8" STEEL SPLICE PLATE MANUFACTURER: COR-TENN COMPANY MODEL: STEEL BACKED TIMBER GUARDRAIL TYPE B https://www.cor-ten.com/steel-backed-timber-guardrail/ LP502 A1 LP502 A3 LP501 B1 LP501 C1 As Noted Site Details Kevin G Mangan 2022.04.0 7 20:06:15 -04'00' 199 Drawing No. ScaleProject No. Sheet ofRevision Seal The Contractor shall verify and be responsible for all dimensions. DO NOT scale the drawing - any errors or omissions shall be reported to Stantec without delay. The Copyrights to all designs and drawings are the property of Stantec. Reproduction or use for any purpose other than that authorized by Stantec is forbidden. 215600966 Issue/Revision LS501.dwg KNB KGM FAD 04/2022 By Appd.YYYY.MM.DD - VICE MAYOR ROBERT C. WELSH JR. PARK CITY OF SOUTH MIAMI SOUTH MIAMI, FLORIDA3510 KRAFT ROAD, SUITE 200 NAPLES, FLORIDA, 34105 www.stantec.com KEVIN G. MANGAN, PLA FL LIC. NO.: LA 0001337 STANTEC CONSULTING SERVICES INC. 3510 KRAFT ROAD, SUITE 200, NAPLES, FLORIDA, 34105 100% CD Submittal KNB FAD 2021.07 LS503 100% CD Submittal - Owner Directed Changes KNB FAD 2021.07 Final Construction Documents Submittal KNB FAD 2022.04 As Noted Site Details SCALE: BENCH SLABS A1 DT-Bench-Trash 3/4" = 1'-0" BENCH - SEE SITE ELEMENTS LEGEND ON SHEET LS101 FOR SPECIFICATIONS BENCH PAD - 5" THK. COLORED CONCRETE BENCH PAD WITH W1.4 x W1.4 6x6 WWF AND BROOM FINISH ON COMPACTED SUBGRADE SAWCUT JOINT (TYP) TRASH URN - SEE SITE ELEMENTS LEGEND ON SHEET LS101 FOR SPECIFICATIONS BASKETBALL COURT - SEE SITE ELEMENT LEGEND ON SHEET LS101 FOR DETAIL AND SPECIFICATIONS SIKAFLEX-2C SL ELASTOMERIC JOINT SEALANT OR APPROVED EQUAL; COLOR TO MATCH ADJACENT CONCRETE 1/2" SEALTIGHT FIBRE EXPANSION JOINT WITH SNAP-CAP BY WR MEADOWS OR APPROVED EQUAL PEDESTRIAN SIDEWALK - SEE SITE PLAN 2 C CONCRETE 2 C CONCRETE 3'-0"13'-0"EQUAL1'-0" LP501 C1 LP501 C1 LP501 B1 EQUAL3'-0"EQUALEQUALLP501 B1 LP501 C1 EQUALEQUAL7'-0"3'-0"14'-0"BENCH - SEE SITE ELEMENTS LEGEND ON SHEET LS101 FOR SPECIFICATIONS BENCH PAD - 5" THK. COLORED CONCRETE BENCH PAD WITH W1.4 x W1.4 6x6 WWF AND BROOM FINISH ON COMPACTED SUBGRADE 2 C CONCRETE 6"6"SCALE: BIKE RACK SLAB A3 DT-Bike Rack.dwg 3/4" = 1'-0" LP501 C1 LP501 B1 CL 2'-0"EQUAL EQUAL 10'-0"7'-0"BIKE RACK - SEE SITE ELEMENTS LEGEND ON SHEET LS101 FOR SPECIFICATIONS BIKE RACK PAD - 5" THK. COLORED CONCRETE BENCH PAD WITH W1.4 x W1.4 6x6 WWF AND BROOM FINISH ON COMPACTED SUBGRADE SAWCUT JOINT (TYP) 2 C CONCRETE SIKAFLEX-2C SL ELASTOMERIC JOINT SEALANT OR APPROVED EQUAL; COLOR TO MATCH ADJACENT CONCRETE 1/2" SEALTIGHT FIBRE EXPANSION JOINT WITH SNAP-CAP BY WR MEADOWS OR APPROVED EQUAL PEDESTRIAN SIDEWALK - SEE SITE PLAN 2 C CONCRETE CL SCALE: PEBBLEFLEX PLAYGROUND SAFETY SURFACE SECTION A2 DT-Pebbleflex-Playground Surface-Section.dwg 1" = 1'-0" 36" PVC PICKET FENCE ADJACENT LANDSCAPE AREA 1'-0" SBR RUBBER - THICKNESS VARIES WITH FALL HEIGHT; FALL HEIGHT AND THICKNESS TO BE DETERMINED BY MANUFACTURER RECOMMENDATION 6" MINIMUM OF COMPACTED LIMEROCK AGGREGATE PER MANUFACTURERS SPECIFICATIONS 3 8" THICK PEBBLE FLEX 2.0 3'-0"MANUFACTURER:LANDSCAPE STRUCTURES SPECIFICATION:PEBBLEFLEX 2.0 PLAYGROUND SAFETY SURFACE; COLOR TO BE BLUE BLEND https://www.playlsi.com/en/commercial-playground-equipment/play-surfacing/pebbleflex/ NOTE: SHOP DRAWINGS REQUIRED FOR LANDSCAPE ARCHITECT APPROVAL PRIOR TO PROCUREMENT/INSTALLATION. SAFETY SURFACE EDGE RETENTION BY MANUFACTURER RECOMMENDATIONS. NO EDGES SHALL BE INSTALLED WITHIN FALL SAFETY ZONES OF PLAY EQUIPMENT. Kevin G Mangan 2022.04.0 7 20:06:15 -04'00' 200 Drawing No. ScaleProject No. Sheet ofRevision Seal The Contractor shall verify and be responsible for all dimensions. DO NOT scale the drawing - any errors or omissions shall be reported to Stantec without delay. The Copyrights to all designs and drawings are the property of Stantec. Reproduction or use for any purpose other than that authorized by Stantec is forbidden. 215600966 Issue/Revision LS501.dwg KNB KGM FAD 04/2022 By Appd.YYYY.MM.DD - VICE MAYOR ROBERT C. WELSH JR. PARK CITY OF SOUTH MIAMI SOUTH MIAMI, FLORIDA3510 KRAFT ROAD, SUITE 200 NAPLES, FLORIDA, 34105 www.stantec.com KEVIN G. MANGAN, PLA FL LIC. NO.: LA 0001337 STANTEC CONSULTING SERVICES INC. 3510 KRAFT ROAD, SUITE 200, NAPLES, FLORIDA, 34105 100% CD Submittal KNB FAD 2021.07 LS504 100% CD Submittal - Owner Directed Changes KNB FAD 2021.07 Final Construction Documents Submittal KNB FAD 2022.04 As Noted Site Details SCALE: WATER FOUNTAIN A1 DT-Water Fountain.dwg 1" = 1'-0" 5/8" HOLE5"18" M.D.F.40" STANDARD ADULT HEIGHT27"4"TOP VIEW ACCESS DOOR ELEVATION 8 1/2"7 3/4"ACCESS DOOR 6"1/2" x 12" ZINC PLATED ROD SPOT WELD OPTIONAL INTERNAL SURFACE MOUNT 1 1/2" PVC BY OTHERS DRAIN LINE - SEE CIVIL 3/8" NYLON REINFORCED NYLONBRAID TUBING W/ 1/2" MIP (SUPPLY WATER) NOTES: 1.MEETS ADA REGULATIONS. 2.OPTIONAL STAINLESS STEEL SURFACE CARRIER RECOMMENDED. 3.INSTALLATION TO BE COMPLETED IN ACCORDANCE WITH MANUFACTURER'S SPECIFICATIONS. 4.DO NOT SCALE DRAWING. 5.THIS DRAWING IS INTENDED FOR PLANNING PURPOSES ONLY. THIS DRAWING MAY NOT BE USED FOR CONSTRUCTION. MANUFACTURER:MOST DEPENDABLE FOUNTAINS (OR APPROVED EQUAL) MODEL:FRONT APPROACH ADA HI/LO WATER FOUNTAIN #440 SMSSFA, 304 SCHEDULE 10 STAINLESS STEEL, FRONT APPROACH, CHROME, RECESSED HOSE BIBB LOCKING COVER, OPTIONAL STAINLESS STEEL SURFACE CARRIER SIKAFLEX-2C SL ELASTOMERIC JOINT SEALANT OR APPROVED EQUAL; COLOR TO MATCH ADJACENT CONCRETE 1/2" SEALTIGHT FIBRE EXPANSION JOINT WITH SNAP-CAP BY WR MEADOWS OR APPROVED EQUAL PEDESTRIAN SIDEWALK - SEE SITE PLAN PLAN VIEW 10" 2 C CONCRETE HANDICAP APPROACH AREA 2 C CONCRETE EQUAL EQUAL EQUALEQUALLP501 C1 WATER FOUNTAIN - SEE SITE ELEMENTS LEGEND ON SHEET LS101 FOR SPECIFICATIONS WATER FOUNTAIN PAD - 5" THK. COLORED CONCRETE BENCH PAD WITH W1.4 x W1.4 6x6 WWF AND BROOM FINISH ON COMPACTED SUBGRADE MOUNTING POINT BELOW POTABLE WATER SUPPLY - SEE CIVIL 8" COMPACTED #57 STONE OR COMPACTED DRAINAGE STONE 9'-8"TURFSTONE PERMEABLE CONCRETE STABILIZATION PAVER BY BELGARD OR APPROVED EQUAL. FILL ALL OPEN CELLS WITH WASHED #89 STONE. SEE CIVIL DRAWINGS FOR ROADBED TYPE AND COMPACTION REQUIREMENTS. PLAN SECTION SCALE: Parking Section and Plan A2 DT-Parking-Section-Plan.dwg 3/4" = 1'-0" 1 P 37'-4" EXISTING ROADWAY EXISTING ROADWAY SOD / LANDSCAPE AREA TURFSTONE PERMEABLE CONCRETE STABILIZATION PAVER BY BELGARD OR APPROVED EQUAL. FILL ALL OPEN CELLS WITH WASHED #89 STONE. SEE CIVIL DRAWINGS FOR ROADBED TYPE AND COMPACTION REQUIREMENTS. 1 P "NO PARKING BEYOND THIS POINT" - SEE CIVIL DRAWINGS FOR SIGNAGE SOD / LANDSCAPE AREA 1 C TENCATE MIRAFI 160N GEOTEXTILE FABRIC FOR SEPARATION AND SUBGRADE STABILIZATION. OVERLAP ALL EDGES 12". 12" COMPACTED SUBGRADE 8"W x 12"H COLORED CONCRETE FLUSH CURB WITH (1) #5 REBAR CONTINUOUS (TYP) Kevin G Mangan 2022.04.0 7 20:06:15 -04'00' 201 Drawing No. ScaleProject No. Sheet ofRevision Seal The Contractor shall verify and be responsible for all dimensions. DO NOT scale the drawing - any errors or omissions shall be reported to Stantec without delay. The Copyrights to all designs and drawings are the property of Stantec. Reproduction or use for any purpose other than that authorized by Stantec is forbidden. 215600966 Issue/Revision LS501.dwg KNB KGM FAD 04/2022 By Appd.YYYY.MM.DD - VICE MAYOR ROBERT C. WELSH JR. PARK CITY OF SOUTH MIAMI SOUTH MIAMI, FLORIDA3510 KRAFT ROAD, SUITE 200 NAPLES, FLORIDA, 34105 www.stantec.com KEVIN G. MANGAN, PLA FL LIC. NO.: LA 0001337 STANTEC CONSULTING SERVICES INC. 3510 KRAFT ROAD, SUITE 200, NAPLES, FLORIDA, 34105 100% CD Submittal KNB FAD 2021.07 LS505 100% CD Submittal - Owner Directed Changes KNB FAD 2021.07 Final Construction Documents Submittal KNB FAD 2022.04 As Noted Site Details SCALE: BASKETBALL HALF COURT PLAN A1 DT-Basketball Court-Plan.dwg 3/8" = 1'-0" R6'-0"5'-3"6'-0"6'-0"13'-9"13'-9"3'-0"1'-0"3'-0"2"3'-0"2"3'-0"4'-0"1'-3"19'-9"15'-0"5'-3"25'-0"25'-0" 50'-0"42'-0"PROVIDE JOINTS 7'-0" O.C.PROVIDE JOINTS 8'-4" O.C. 1/2" EXPANSION JOINT (TYP) SEE DETAILS SAWCUT JOINT (TYP) SEE DETAILS COURT SURFACE NOTES: 1.ALL LINES SHALL BE WHITE AND TWO (2) INCHES IN WIDE (NEUTRAL ZONES EXCLUDED); END LINES AND SIDELINES SHALL BE A MINIMUM OF TWO (2) INCHES IN WIDTH. PROVIDE COLOR SAMPLES TO THE LANDSCAPE ARCHITECT FOR APPROVAL. 2.THE COLOR OF THE LANE-SPACE MARKS AND NEUTRAL ZONE MARKS SHALL CONTRAST WITH THE COLOR OF THE LANE BOUNDARY LINES AND BE ORANGE. PROVIDE COLOR SAMPLES TO THE LANDSCAPE ARCHITECT FOR APPROVAL. 3.THE THREE-POINT LINE SHALL BE THE SAME COLOR AS THE FREE-THROW LANE LINE AND SEMI-CIRCLE. 4.PROVIDE A MINIMUM 5'-0" UNOBSTRUCTED SAFETY ZONE AT COURT EDGES BEYOND PLAY LIMITS. 5.PROVIDE A MINIMUM 1% TO 1.5% SLOPE TO DRAIN - SEE CIVIL ENGINEER DRAWINGS FOR GRADING AND WATER MANAGEMENT. 6.INSTALL SLAB AND COURT TOPPING FINISHES PER MANUFACTURER'S RECOMMENDATIONS. 7.PROVIDE COLOR SAMPLES TO THE LANDSCAPE ARCHITECT FOR APPROVAL OF ALL COURT TOPPING COLORS AS IDENTIFIED. 8.PROVIDE FULL SHOP DRAWINGS TO LANDSCAPE ARCHITECT FOR APPROVAL OF ALL COMPONENTS COURT ACCESSORIES NOTES: 1.OWNER TO SELECT AN ADJUSTABLE BASKETBALL SYSTEM THAT CAN ADJUST FROM 6’ – 10’ TO MAKE THE GAME EASIER AND MORE ENJOYABLE FOR CHILDREN AND BASED UPON PREVIOUS CITY PARK INSTALLATIONS. 2.OWNER TO SELECT BACKBOARDS MADE FROM PLEXIGLASS, TEMPERED GLASS, AND/OR ALUMINUM, RANGING IN SIZE FROM 48” TO NBA SIZE 72” AND BASED UPON PREVIOUS CITY PARK INSTALLATIONS. BLUE FIELD INFILLDARK RED FIELD INFILL DARK RED FIELD INFILL DARK RED FIELD INFILL GREEN FIELD INFILL LS505 C3 REFERENCE COLOR PALETTE: 1.GREEN FIELD INFILL: SHERMIN WILLIAMS SW6747 "ARGYLE" OR APPROVED EQUAL. 2.BLUE FIELD INFILL: SHERMIN WILLIAMS SW6958 "DYNAMIC BLUE" OR APPROVED EQUAL. 3.RED FIELD INFILL: SHERMIN WILLIAMS SW6608 "RAVE RED" OR APPROVED EQUAL. NOTE: COLORS PROVIDED ARE FOR REFERENCE ONLY. CONTRACTOR TO PROVIDE COLOR TOPPING SAMPLES TO LANDSCAPE ARCHITECT FOR APPROVAL PRIOR TO PROCUREMENT AND/OR INSTALLATION. LS501 C1 LS501 B1 THIS DIRECTION TYP.THIS DIRECTION TYP.UNDISTURBED GRADE FINISH GRADE SCALE: BASKETBALL HALF COURT SECTION C3 DT-Basketball Court Section.dwg 1" = 1'-0" 5" THICK CONCRETE COURT WITH 6x6 1.4/1.4 WWF IN FLAT PANELS. NOTES: 1.SEE LS506 FOR SURFACE MATERIAL TYPE, FINISH/PATTERN, AND EXTENTS. 8" LIMEROCK BASE PRIMED AND COMPACTED TO 98% OF MAXIMUM DENSITY AS DETERMINED BY AASHTO T-180 REFER TO CIVIL DRAWINGS112"Kevin G Mangan 2022.04.0 7 20:06:15 -04'00' 202 Drawing No. ScaleProject No. Sheet ofRevision Seal The Contractor shall verify and be responsible for all dimensions. DO NOT scale the drawing - any errors or omissions shall be reported to Stantec without delay. The Copyrights to all designs and drawings are the property of Stantec. Reproduction or use for any purpose other than that authorized by Stantec is forbidden. 215600966 Issue/Revision LS501.dwg KNB KGM FAD 04/2022 By Appd.YYYY.MM.DD - VICE MAYOR ROBERT C. WELSH JR. PARK CITY OF SOUTH MIAMI SOUTH MIAMI, FLORIDA3510 KRAFT ROAD, SUITE 200 NAPLES, FLORIDA, 34105 www.stantec.com KEVIN G. MANGAN, PLA FL LIC. NO.: LA 0001337 STANTEC CONSULTING SERVICES INC. 3510 KRAFT ROAD, SUITE 200, NAPLES, FLORIDA, 34105 100% CD Submittal KNB FAD 2021.07 LS506 100% CD Submittal - Owner Directed Changes KNB FAD 2021.07 Final Construction Documents Submittal KNB FAD 2022.04 As Noted Site Details SCALE: SHADE STRUCTURE PLAN A1 DT-Shade Structure-Plan.dwg 3/4" = 1'-0" 7'-1"11'-0"5'-6"5'-6"12'-0"5'-6"5'-6" 12'-0" 11'-0" STATE STREET COURTYARD TABLE BY THOMAS STEELE OR APPROVED EQUAL 6 FLAT SEATS; EMBOSSED RECYCLED PLASTIC MAHOGANY TABLE MATERIAL; FOREST GREEN FRAME AND SEATS https://www.thomas-steele.com/state-street-table#product-info-specs CONCRETE PAD - 5" THK. COLORED CONCRETE PAD WITH W1.4 x W1.4 6x6 WWF AND BROOM FINISH ON COMPACTED SUBGRADE SAWCUT JOINT (TYP) 2 C CONCRETE EDGE OF ROOFLINE - SEE SHEET LS508 FOR SHADE STRUCTURE DETAIL EDGE OF CONCRETE PAD SHADE STRUCTURE POST - SEE MANUFACTURER STRUCTURAL SHOP DRAWINGS FOR SPECIFICATIONS NOTE: FULL SHOP DRAWINGS REQUIRED FOR LANDSCAPE ARCHITECT APPROVAL PRIOR TO PROCUREMENT AND/OR INSTALLATION. LP501 B1 LP501 C1 LP501 C1 LP501 B1 Kevin G Mangan 2022.04.0 7 20:06:15 -04'00' 203 Drawing No. ScaleProject No. Sheet ofRevision Seal The Contractor shall verify and be responsible for all dimensions. DO NOT scale the drawing - any errors or omissions shall be reported to Stantec without delay. The Copyrights to all designs and drawings are the property of Stantec. Reproduction or use for any purpose other than that authorized by Stantec is forbidden. 215600966 Issue/Revision LS501.dwg KNB KGM FAD 04/2022 By Appd.YYYY.MM.DD - VICE MAYOR ROBERT C. WELSH JR. PARK CITY OF SOUTH MIAMI SOUTH MIAMI, FLORIDA3510 KRAFT ROAD, SUITE 200 NAPLES, FLORIDA, 34105 www.stantec.com KEVIN G. MANGAN, PLA FL LIC. NO.: LA 0001337 STANTEC CONSULTING SERVICES INC. 3510 KRAFT ROAD, SUITE 200, NAPLES, FLORIDA, 34105 100% CD Submittal KNB FAD 2021.07 LS507 100% CD Submittal - Owner Directed Changes KNB FAD 2021.07 Final Construction Documents Submittal KNB FAD 2022.04 As Noted Site Details SCALE: SHADE STRUCTURE A1 DT-Shade Structure.dwg 3/4" = 1'-0" NOTES: 1. DETAILS ARE FOR DESIGN INTENT ONLY, NOT TO BE USED FOR INSTALLATION OF ANY KIND. 2. INSTALLATION TO BE COMPLETED IN ACCORDANCE WITH MANUFACTURER'S SPECIFICATIONS. 3. DO NOT SCALE DRAWING. 4. REFERENCE MANUFACTURER STRUCTURAL SHOP DRAWINGS FOR DETAILS. 5. PROVIDE COLOR SAMPLES TO LANDSCAPE ARCHITECT FOR APPROVAL PRIOR TO PROCUREMENT AND/OR INSTALLATION. 6.PROVIDE FULL SHOP DRAWINGS TO LANDSCAPE ARCHITECT FOR APPROVAL PRIOR TO PROCUREMENT AND/OR INSTALLATION. TOP VIEW FRONT VIEW TOP VIEW (FRAME ONLY) SIDE VIEW CONCRETE SLAB (NIC) 12 4 18" OVERHANG 7' 6" EAVE HEIGHT10' 5/16" REF.12' REF.12' REF. MANUFACTURER:SUPERIOR SHELTERS (OR APPROVED EQUAL) SHELTERS: ALL-STEEL SQUARE MODEL: SERIES 8100, ALL-STEEL SQUARE SHELTER, 4S12-AS: 12' X 12': ELEVATION AND PLAN VIEWS; EVERGREEN POWDER COATED METAL ROOF PANELS WITH RUBBED BRONZE STEEL POSTS AND FRAMING 1" 10"10"1"2 1/2" MAX12" MINEMBEDMENTTO TOP OF NUT1 1/4"MAXTOP OF FOOTING 1/2" ASTM F1554 GR36 ANCHOR (2) 1/2" - 13 A563 HEX NUT (TYP X4 PCS) HIGH STRENGTH NON-SHRINK NON-METALLIC GROUT 8000 PSI (NIC) (2) WASHER 1/2" FLAT F436 (TYP X4 PCS) TEMPLATE 1/2" - 13 A563 HEX NUT COLUMN CONTROL JOINT (NIC) EXPANSION MATERIAL (NIC) 5" CONCRETE SLAB (NIC) - CONCRETE SLAB ASSUMED AT CONSTANT ELEVATION COMPACT FILL (NIC) 1/2" ASTM F1554 GR36 ANCHOR CONCRETE (NIC) (3000 PSI MIN) REBAR CAGE AS REQUIRED (NIC) 1/2" BASE PLATE ANCHOR BOLT TEMPLATE ASSEMBLY BASE PLATE DETAILISOMETRIC Ø 5/8" 1/2 "ASTM F1554 GR36 ANCHOR GROUND PLAN LAYOUT CONCRETE FOOTER (NIC) MATERIALS SPECIFICATIONS AND NOTES: 1. ALL STRUCTURAL STEEL TUBING SHALL BE ASTM A-500 GRADE B-C. 2. ALL OTHER STEEL (PLATES, GUSSETS, ETC.) SHALL BE ASTM A-36. 3. ALL WELDING IS TO BE DONE IN ACCORDANCE WITH THE LATEST AWS STANDARDS. 4. STANDARD BOLTS TO BE ASTM A-325 & THREADED ROD TO BE ASTM B-7 UNLESS OTHERWISE NOTED. 5. ALL FABRICATED STEEL & STRUCTURAL TUBES ARE BLASTED TO A NEAR-WHITE CONDITION PRIOR TO APPLICATION OF PRIMER AND TOP COAT. PRIMER: ZINC RICH. TOP COAT: TGIC POWDER COATING. 6. METAL ROOFING SHALL BE PRE-CUT 24GA. X 1 1/4" DP X 36" WIDE, FY =50KSI STEEL PANELS. ERECTION NOTES: 1.ALL MEMBERS MUST BE PROPERLY BRACED UNTIL THE COMPLETE STRUCTURAL SYSTEM HAS BEEN CONSTRUCTED. BRACING MATERIAL AND METHOD IS THE RESPONSIBILITY OF THE G.C. 2.THIS BUILDING HAS BEEN DESIGNED AS A FREE STANDING, OPEN STRUCTURE. IF WALLS OR OTHER MODIFICATIONS ARE TO BE MADE, THE STRUCTURE MUST BE RE-ENGINEERED PRIOR TO THESE MODIFICATIONS. 9'-0"12' 8 3/4"45°MANUFACTURER:SUPERIOR SHELTERS (OR APPROVED EQUAL) SHELTERS: ALL-STEEL SQUARE MODEL: SERIES 8100, ALL-STEEL SQUARE SHELTER, 4S12-AS: 12' X 12': FOOTER / ANCHOR MANUFACTURER:SUPERIOR SHELTERS (OR APPROVED EQUAL) SHELTERS: ALL-STEEL SQUARE MODEL: SERIES 8100, ALL-STEEL SQUARE SHELTER, 4S12-AS: 12' X 12': GROUND PLAN 9'-0" 11'-0" CL CL CL Kevin G Mangan 2022.04.0 7 20:06:15 -04'00' 204 Drawing No. ScaleProject No. Sheet ofRevision Seal The Contractor shall verify and be responsible for all dimensions. DO NOT scale the drawing - any errors or omissions shall be reported to Stantec without delay. The Copyrights to all designs and drawings are the property of Stantec. Reproduction or use for any purpose other than that authorized by Stantec is forbidden. 215600966 Issue/Revision LS601.dwg KNB KGM FAD 04/2022 By Appd.YYYY.MM.DD - VICE MAYOR ROBERT C. WELSH JR. PARK CITY OF SOUTH MIAMI SOUTH MIAMI, FLORIDA3510 KRAFT ROAD, SUITE 200 NAPLES, FLORIDA, 34105 www.stantec.com KEVIN G. MANGAN, PLA FL LIC. NO.: LA 0001337 STANTEC CONSULTING SERVICES INC. 3510 KRAFT ROAD, SUITE 200, NAPLES, FLORIDA, 34105 100% CD Submittal KNB FAD 2021.07 LS601 100% CD Submittal - Owner Directed Changes KNB FAD 2021.07 Final Construction Documents Submittal KNB FAD 2022.04 n/a Material and Finishes Schedule Kevin G Mangan 2022.04.0 7 20:06:15 -04'00' 205 //////////////////////////////////// /// // / // / // / // / // / // / // / // / // ////////////////////////////// /////////////////////////// / /////////////////////////////////////////////////////////////////////////////////////////////////////////// / // / // /////////////OHEOHEOHEOHEOHEOHEOHEOHEOHEOHEOHEOHEOHEOHEOHEOHEOHEOHE OHE OHE OHE OHE W W ////////////// / // / /// /// /// /// ////////////////// X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X SW 66TH AVENUE X X X X X X X X X X X X X X X X X X X X X X R-LCX R-PCXR-AAX PE PE PE PE PE 47 IXP 38 IXP 79 PSN R-LCX R-LCX R-LJ R-LJR-LJ R-LJ SOD 7,176 sf 26 MUC 48 MUC EXISTING POTABLE WATER AND ELECTRICAL SOURCES TREE ROOT BARRIER (TYP.) - SEE SHEET LP502 FOR DETAIL EXISTING TREE (TYP.) EXISTING PALM (TYP.) LINE OF EXISTING VEGETATION CANOPY ABOVE (TYP.) 259 MUC Landscape Installation and Establishment Notes: 1.Regular irrigation after planting is essential for survival and establishment of all plant materials. Establishment is the amount of time required for plant materials to grow a sufficient root system to support growth in their planted environment. Regular irrigation after planting shall follow the schedule guidelines per Florida Grades and Standards “Best Management Practices”, Appendix A - Part Four for vitality and establishment of plant materials. 2.Irrigation water is not available onsite. The Contractor may choose to activate an existing potable water tap to the site with the utility provider and Owner or provide hand and temporary water by other means. 3.Contractor shall provide the necessary hoses and other watering equipment or vehicles required to complete work. The water source shall be potable, suitable for irrigation, and shall be free from ingredients harmful to plant life. 4.Permit requirements for a design-build irrigation system is the responsibility of the Contractor. Owner Add Alternate Notes: 1.Owner may request at time of bidding a design-build irrigation installation consisting of a fully automatic irrigation system with a controller and applicable moisture (rain) sensor located to receive direct rainfall and all plantings shall have 100% full coverage with irrigation by providing one bubbler per tree / palm and drip or spray mechanisms for shrubs, groundcover and grasses / turf as applicable. 2.Irrigation shall be installed to meet or exceed Appendix F - "Proposed Construction Building Codes for Turf and Landscape Irrigations Systems" of the Florida Building Code, Plumbing (latest edition), and in accordance with ASTM D2855. 3.Potable water and electrical tap sources are existing on the west property line (see plans). Note: 1.All disturbed groundcover, landscaping, and irrigation systems within and adjacent to this project site shall be repaired, replaced, or restored to existing conditions or better per the specification provided herein. The Landscape Architect and/or Owner shall determine areas for remediation, and it is the contractors responsibility to report areas affected by construction activities to the Landscape Architect and Owner within 24 hours. 38 DII 3 7 8 13 24 4 6 9 12 18 23 22 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 4847 46 EXISTING PALM (TYP.) EXISTING TREE (TYP.) LINE OF EXISTING VEGETATION CANOPY ABOVE (TYP.) 2 Drawing No. ScaleProject No. Sheet ofRevision Seal The Contractor shall verify and be responsible for all dimensions. DO NOT scale the drawing - any errors or omissions shall be reported to Stantec without delay. The Copyrights to all designs and drawings are the property of Stantec. Reproduction or use for any purpose other than that authorized by Stantec is forbidden. 215600966 Issue/Revision LP101.dwg KNB KGM FAD 04/2022 By Appd.YYYY.MM.DD - VICE MAYOR ROBERT C. WELSH JR. PARK CITY OF SOUTH MIAMI SOUTH MIAMI, FLORIDA3510 KRAFT ROAD, SUITE 200 NAPLES, FLORIDA, 34105 www.stantec.com KEVIN G. MANGAN, PLA FL LIC. NO.: LA 0001337 STANTEC CONSULTING SERVICES INC. 3510 KRAFT ROAD, SUITE 200, NAPLES, FLORIDA, 34105 100% CD Submittal KNB FAD 2021.07 LP101 100% CD Submittal - Owner Directed Changes KNB FAD 2021.07 Final Construction Documents Submittal KNB FAD 2022.04 NORTH GRAPHIC SCALE 0 4 8 16' Planting Plan 1/8" = 1'-0" Kevin G Mangan 2022.04.0 7 20:06:15 -04'00' 206 // / ///// / // / // / // / // / // / // / // / // / /// /// /// /// /// /// /// /// /// ////////////////////////////////////////////////////////////////////////////////////////// /// /// /// // ////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////// /////////////OHEOHEOHEOHEOHEOHEOHEOHEOHEOHEOHEOHE OHE OHE OHE OHE OHE OHE OHE OHE OHE OHE OHE OHE OHE OHE OHE OHE OHE W W///////////////////////////// / // / // / // ////////////////////////////////////////// / ///// //////////////////////////// X X X X X X X X X SW 74TH TERRACE X X X X X X X X X X X X X X X X R-LJ R-LJ R-LJ R-LCXR-LCX R-LJ NOTE: PROVIDE REMEDIAL SOD THIS AREA FOR REPAIR OF CONSTRUCTION ACTIVITIES OR OTHER DISTURBANCES AND DAMAGES AS DETERMINED BY THE LANDSCAPE ARCHITECT. NOTE: ALL DUE CARE SHALL BE TAKEN DURING INSTALLATION OF THE PERVIOUS PAVER SYSTEM TO NOT DAMAGE OR OVER-EXCAVATE ATOP THE TREE CRITICAL ROOT ZONE. THE CLEARING OF VEGETATION AND EXCAVATION WITHIN THE DRIP LINE OF TREES DESIGNATED FOR PRESERVATION SHALL BE PERFORMED CAUTIOUSLY WITH HAND TOOLS ONLY TO MINIMIZE THE ADVERSE IMPACTS THAT MAY CAUSE DAMAGE TO TREE ROOTS WHILE OPERATING HEAVY EQUIPMENT. NOTIFY THE LANDSCAPE ARCHITECT OF ANY IMPACTS FOR RESOLUTION PRIOR TO CONTINUING WITH EXCAVATION. MACHINERY AND EQUIPMENT SHALL BE MOBILIZED IN A MANNER TO MINIMIZE COMPACTION ATOP THE TREE CRITICAL ROOT ZONE. DO NOT PARK MACHINERY OR EQUIPMENT WITHIN ANY ROOT ZONE. PROVIDE 4.0' DIA. TREE RING AT ALL TREES LOCATED IN SOD. INFILL WITH 3" DEPTH MULCH (TYP.) EXISTING SHRUB BED EDGES TO REMAIN AND BE RE-SHAPED AND PLANTED AS SHOWN EXISTING PALM (TYP.) EXISTING TREE (TYP.) LINE OF EXISTING VEGETATION CANOPY ABOVE (TYP.) TREE ROOT BARRIER (TYP.) - SEE SHEET LP502 FOR DETAIL SOD 271 sf 62 IXP RHI 139 SPB 78 320 LANSOD 1,666 sf SOD 249 sf 80 30 3133 25 36 34 7172 737475 76 777879 38 37 LINE OF EXISTING VEGETATION CANOPY ABOVE (TYP.) EXISTING TREE (TYP.) 32 EXISTING PALM (TYP.) CLEAR AND GRUB EXISTING PLANTING BED AND UNDERSTORY PLANTS Drawing No. ScaleProject No. Sheet ofRevision Seal The Contractor shall verify and be responsible for all dimensions. DO NOT scale the drawing - any errors or omissions shall be reported to Stantec without delay. The Copyrights to all designs and drawings are the property of Stantec. Reproduction or use for any purpose other than that authorized by Stantec is forbidden. 215600966 Issue/Revision LP101.dwg KNB KGM FAD 04/2022 By Appd.YYYY.MM.DD - VICE MAYOR ROBERT C. WELSH JR. PARK CITY OF SOUTH MIAMI SOUTH MIAMI, FLORIDA3510 KRAFT ROAD, SUITE 200 NAPLES, FLORIDA, 34105 www.stantec.com KEVIN G. MANGAN, PLA FL LIC. NO.: LA 0001337 STANTEC CONSULTING SERVICES INC. 3510 KRAFT ROAD, SUITE 200, NAPLES, FLORIDA, 34105 100% CD Submittal KNB FAD 2021.07 LP102 100% CD Submittal - Owner Directed Changes KNB FAD 2021.07 Final Construction Documents Submittal KNB FAD 2022.04 NORTH GRAPHIC SCALE 0 4 8 16' Planting Plan 1/8" = 1'-0" Kevin G Mangan 2022.04.0 7 20:06:15 -04'00' 207 Drawing No. ScaleProject No. Sheet ofRevision Seal The Contractor shall verify and be responsible for all dimensions. DO NOT scale the drawing - any errors or omissions shall be reported to Stantec without delay. The Copyrights to all designs and drawings are the property of Stantec. Reproduction or use for any purpose other than that authorized by Stantec is forbidden. 215600966 Issue/Revision LP501.dwg KNB KGM FAD 04/2022 By Appd.YYYY.MM.DD - VICE MAYOR ROBERT C. WELSH JR. PARK CITY OF SOUTH MIAMI SOUTH MIAMI, FLORIDA3510 KRAFT ROAD, SUITE 200 NAPLES, FLORIDA, 34105 www.stantec.com KEVIN G. MANGAN, PLA FL LIC. NO.: LA 0001337 STANTEC CONSULTING SERVICES INC. 3510 KRAFT ROAD, SUITE 200, NAPLES, FLORIDA, 34105 100% CD Submittal KNB FAD 2021.07 LP501 100% CD Submittal - Owner Directed Changes KNB FAD 2021.07 Final Construction Documents Submittal KNB FAD 2022.04 CLEAR WOOD (C.W.)NUTDO NOT PRUNE FROND LENGTHS. REMOVE ONLY DEAD FRONDS. SPRAY BUD WITH APPROVED PRODUCTS PER SCHEDULE (SEE SPECIFICATIONS). TRUNKS TO BE FREE OF DAMAGE (IE. CHAIN MARKS, BURNS, GOUGES, ETC.) AND HAVE UNIFORM TAPER. 2. CONTRACTOR TO STAKE LOCATION OF PALMS FOR LANDSCAPE ARCHITECT'S APPROVAL PRIOR TO INSTALLATION ACTIVITIES. ROOTBALL SIZE, SEE SPECIFICATIONS FOR MINIMUM DIMENSIONS PER PALM HEIGHTS. SOIL BERM TO HOLD WATER. FINISHED GRADE PREPARED PLANTING SOIL AS SPECIFIED. NOTE: 1. CONTRACTOR TO ASSURE FREE DRAINAGE/PERCOLATION OF PLANTING PIT PRIOR TO INSTALLATION. 24" 3" MIN. MULCH - SEE SPECIFICATIONS SCALE: Date Palm C1 FILE NAME: DT-DatePalm.dwg 1" = 1'-0" TRUNK DURING TRANSPORT W/WOOD ARCHITECT APPROVAL. HEAD OPEN WITHOUT LANDSCAPE AND SUPPORT HEAD/FRONDS THROUGH TIE FRONDS WITH HEMP TWINE. STRAP BRACING AND STRAPS. DO NOT CUT 4" X 4" WOODEN BRACES ON HEAVY TRUNK PALMS. 120 PLAN 120 MIN.24" FROM TRUNK PREPARED PLANTING SOIL AS SPECIFIED. FOR ROOT BALL REQUIREMENTS). BERM SOIL TO HOLD 2" X 4" X 3' STAKES BURIED 3" BELOW FINISHED GRADE. B&B OR CONTAINER (SEE SPECIFICATIONS (SEE GRADING PLAN) FINISHED GRADE - SOD CONDITION WATER 2" NYLON STRAPPING- WRAPPED 360 D AROUND CONTRACTOR SHALL ASSURE FREE DRAINAGE/ PERCOLATION OF ALL PLANTING PITS PRIOR TRUNK BEFORE TYING- WRAP @ LATERAL BRANCH @ MINIMUM 4'-6' HT. 3" MULCH AS SPECIFIED 120 NOTE: 18" MIN. SCALE: Large Tree B1 FILE NAME: DT-LargeTree.dwg 1" = 1'-0" TO INSTALLATION. NOTES: -ROOT BARRIERS ARE REQUIRED WHERE LARGE CANOPY TREES, SUCH AS LIVE OAKS, ARE WITHIN 15' OF A SIDEWALK, PAVED AREA, OR BUILDING, AND SHALL RUN PARALLEL -PRODUCT SPECIFICATION SHALL BE APPROVED BY LANDSCAPE ARCHITECT. -ROOT BARRIERS SHALL BE A MINIMUM OF 18"-24" DEEP AND SHALL EXTEND UP TO FINISHED GRADE. -ALL ROOT BARRIERS SHALL BE INSTALLED IN ACCORDANCE WITH MANUFACTURERS SPECIFICATIONS. WITH PAVED AREA OR BUILDING TO A DISTANCE 20' OUT EITHER DIRECTION FROM TRUNK. Less Than 15'-0" ROOT BARRIER SEE NOTES PLACING MULCH. SOD AS REQUIRED PRIOR TO COMPLETELY REMOVE EXISTING SEE SPECIFICATIONS.) ALL MULCH SHALL BE DELETERIOUS MATERIALS, FREE OF WEEDS AND OTHER PLANTING SOIL (FINE RAKED AND PEST AND INSECT FREE. NOTE: NOTE: SCALE: Mulch Application A1 DT-Mulch.dwg 1" = 1'-0" SOD (PROVIDE CLEAN, SMOOTH EDGE BETWEEN SOD AND MULCHED AREAS). ALL SOD AREAS TO RECEIVE 4" OF PLANTING SOIL THAT IS TO BE TILLED INTO THE NATIVE SOILS TO A DEPTH OF 8". 3" MULCH (SEE SPECIFICATIONS) NOTE: PLANT TYPES. 'X' 'X''X'18" MIN.(SETBACK FOR GROUNDCOVERAND ANNUALS)(SETBACK FORSHRUBS PLANTED12"18"30" O.C. OR GREATER)PROVIDE MIN. 18" SPACING BETWEEN DIFFERENT ALL SHRUBS AND GROUNDCOVER MASSES TO USE TRIANGULAR SPACING EXCEPT WHERE NOTED REFER TO PLANT LIST FOR INDIVIDUAL PLANT SPACING 'X'. CURB OR EDGE OF PAVEMENT. SCALE: Typical Plant Spacing Diagram A3 DT-PlantSpacing.dwg 1" = 1'-0" As Noted Planting Details Kevin G Mangan 2022.04.0 7 20:06:15 -04'00' 208 Drawing No. ScaleProject No. Sheet ofRevision Seal The Contractor shall verify and be responsible for all dimensions. DO NOT scale the drawing - any errors or omissions shall be reported to Stantec without delay. The Copyrights to all designs and drawings are the property of Stantec. Reproduction or use for any purpose other than that authorized by Stantec is forbidden. 215600966 Issue/Revision LP501.dwg KNB KGM FAD 04/2022 By Appd.YYYY.MM.DD - VICE MAYOR ROBERT C. WELSH JR. PARK CITY OF SOUTH MIAMI SOUTH MIAMI, FLORIDA3510 KRAFT ROAD, SUITE 200 NAPLES, FLORIDA, 34105 www.stantec.com KEVIN G. MANGAN, PLA FL LIC. NO.: LA 0001337 STANTEC CONSULTING SERVICES INC. 3510 KRAFT ROAD, SUITE 200, NAPLES, FLORIDA, 34105 100% CD Submittal KNB FAD 2021.07 LP502 100% CD Submittal - Owner Directed Changes KNB FAD 2021.07 Final Construction Documents Submittal KNB FAD 2022.04 BERM SOIL TO HOLD WATER FINISHED GRADE - SOD CONDITION (SEE GRADING PLAN) PREPARED PLANTING SOIL AS SPECIFIED (SEE SPECIFICATIONS FOR B&B OR CONTAINERIZED ROOT BALL REQUIREMENTS). 1. FINAL TREE STAKING DETAILS 2" NYLON STRAPPING (3) 2"X2"X8' STAKES, PAINT/STAIN STAKES PRIOR 2. CONTRACTOR SHALL ASSURE FREE 3" MULCH AS SPECIFIED NOTE: APPROVED BY THE LANDSCAPE DRAINAGE/PERCOLATION OF ALL PLANTING PITS PRIOR TO INSTALLATION. AND PLACEMENT TO BE 18" MIN. ARCHITECT. SCALE: Multi-Trunk Tree A1 FILE NAME: DT-MultiTrunkTree.dwg 1" = 1'-0" TO INSTALLATION DARK GREEN COLOR (TYP.) MULCH CONTINUES - SHRUB BED CONDITION NOTE: PLANT MATERIAL SHALL BE PLANTED 2" HIGH WITH SOIL MOUNDING UP TO THE TOP OF ROOT BALL. 3" MINIMUM OF MULCH BERM SOIL TO HOLD WATER MINIMUM DEPTH OF 12" PLANTING SOIL FOR GROUNDCOVER BED. FINISHED GRADE (SEE GRADING PLAN) EXCAVATE ENTIRE BED SPECIFIED FOR GROUND- COVER BED. 12" MIN. SCALE: Shrub and Groundcover C2 FILE NAME: DT-ShrubGround.dwg 1" = 1'-0" PREPARED PLANTING SOIL AS SPECIFIED. NOTE: WHEN GROUNDCOVERS AND SHRUBS USED IN MASSES, ENTIRE BED TO BE EXCAVATED TO 12" DEPTH AND RECEIVE PLANTING SOIL MIX AND PLANT MATERIAL. NOTE: CONTRACTOR SHALL ASSURE FREE DRAINAGE/PERCOLATION OF ALL PLANTING PITS/BEDS PRIOR TO INSTALLATION. SCALE: Root Barrier A3 DT-RootBarrier.dwg 1" = 1'-0" LARGE CANOPY TREE SIDEWALK, PAVED AREA, BUILDING ROOT BARRIER SEE NOTES BELOW LESS THAN 10' NOTES: 1.A SOLID PANEL 24" DEPTH ROOT BARRIER DEVICE SHALL BE EMPLOYED WITHIN A 20.0' RADIUS OF A TREE WHEN TREES ARE WITHIN 10.0' OF ADJACENT HARDSCAPE SURFACES AND SHALL RUN PARALLEL WITH PAVED AREA OR BUILDING TO A DISTANCE 20.0' OUT EITHER DIRECTION FROM TRUNK. 2.USE UB24-2 POLYETHYLENE SOLID PANEL ROOT BARRIER BY DEEPROOT OR APPROVED EQUAL. 3.ROOT BARRIERS SHALL BE 24" DEPTH AND SHALL EXTEND UP TO FINISHED GRADE.   4.NO TREES ARE TO BE PLANTED WITHIN 5 FEET OF EXISTING OR PROPOSED UNDERGROUND UTILITIES. WHERE A CONFLICT EXISTS, NOTIFY THE LANDSCAPE ARCHITECT FOR RESOLUTION PRIOR TO CONTINUED INSTALLATION. 5.USE PHYSICAL ROOT BARRIER WHEN TREES ARE WITHIN 10 FEET OF UNDERGROUND UTILITIES. ROOT BARRIER TO BE NO CLOSER THAN 5 FEET TO UNDERGROUND UTILITY PIPES. 6.ALL ROOT BARRIERS SHALL BE INSTALLED IN ACCORDANCE WITH MANUFACTURERS SPECIFICATIONS. SCALE: Palm Tree B4 DT-WashiPalm.dwg 1/2" = 1'-0" FINISH GRADE MIN.3" MIN.6"PRUNE AND TIE FRONDS WITH HEMP TWINE. NOTES: TWO LAYERS OF BURLAP TO PROTECT TRUNK. TWO STEEL BANDS TO SECURE BATTONS. FIVE 2" X 4" X 18" WOOD BATTONS PAINTED BROWN. (3) 2" X 4" LUMBER POLE BRACE. NAIL (DRILL AND NAIL IF NECESSARY) TO BATTONS. 3" MIN. SPECIFIED MULCH BERM SOIL TO HOLD WATER PREPARED PLANTING SOIL AS SPECIFIED. 1. FINAL TREE STAKING DETAILS AND PLACEMENT TO BE APPROVED BY LANDSCAPE ARCHITECT. 2. CONTRACTOR SHALL ASSURE PERCOLATION OF ALL PLANTING PITS PRIOR TO INSTALLATION.OVERALL HEIGHT (O.A.) SEE PLANS/PLANT SCHEDULEAs Noted Planting Details SCALE: Tree Protection Barrier C1 DT-TreeProtection_Fence.dwg 1/4" = 1'-0"DRIP LINE2'-0"6'-0"NOTE: 1.INSTALL 6.0' HEIGHT CHAIN LINK FENCE TREE PROTECTION BARRIER WITH STURDY POSTS EMBEDDED IN GRADE 2.0' MINIMUM. 8.0' MAXIMUM POST SPACING. 2.INSTALL TREE PROTECTION BARRIER BEYOND DRIP LINE OF TREE CANOPY. 3.NO CONSTRUCTION DEBRIS, VEHICLES, CHEMICALS, OR OTHER CONSTRUCTION ACTIVITY SHALL BE ALLOWED WITHIN THE ROOT ZONE. 4.VEGETATION TO BE RELOCATED SHALL BE CROWNED / ROOT PRUNED SIX (6) MONTHS PRIOR TO RELOCATION. CONTRACTOR TO SUPPLY A RELOCATION SCHEDULE FOR ALL MATERIAL TO BE RELOCATED. 5.PROVIDE TEMPORARY IRRIGATION TO ALL ROOT PRUNED VEGETATION. 6.CALL SUNSHINE STATE ONE-CALL BEFORE ROOT PRUNING OR DIGGING FOR RELOCATED VEGETATION.FENCE LINEROOT ZONE CRITICAL PROTECTION ZONE Kevin G Mangan 2022.04.0 7 20:06:15 -04'00' 209 NOTES: 1.THE LANDSCAPE CONTRACTOR IS RESPONSIBLE TO MEET THE PLANT MATERIAL SPECIFICATIONS PROVIDED IN THE CONTRACT DOCUMENTS. PLANT MATERIAL SPECIFICATIONS PROVIDED ARE A MINIMUM. ALL MINIMUM SPECIFICATIONS SHALL BE MET AND IF ANY ONE OF THE SPECIFICATIONS MUST BE INCREASED SO THAT OTHER COLLECTIVE MINIMUM REQUIREMENTS ARE MET, IT IS THE CONTRACTORS RESPONSIBILITY TO DO SO. 2.THE LANDSCAPE CONTRACTOR IS SOLELY RESPONSIBLE FOR ALL WATER AND MAINTENANCE NEEDS, AND SHALL NOT RELY UPON THE OWNER OR OTHER THIRD PARTY ENTITY TO PROVIDE THE REQUIRED IRRIGATION AND MAINTENANCE DURING INSTALLATION, ESTABLISHMENT, OR WARRANTY PHASES. IT IS THE CONTRACTORS RESPONSIBILITY TO PROVIDE FIELD OBSERVATIONS AT REGULAR INTERVALS THROUGHOUT THE INSTALLATION, ESTABLISHMENT, OR WARRANTY PHASES TO VERIFY IRRIGATION OPERATION AND SUPPLY, MAINTENANCE NEEDS, AND PLANT MATERIAL HEALTH AND ESTABLISHMENT. IT IS THE CONTRACTORS RESPONSIBILITY TO UPDATE WATERING TIMES AND DURATIONS, REMOVE MISCELLANEOUS DEBRIS, REPLACE DAMAGED OR DEAD PLANT MATERIALS, AND REPAIR IRRIGATION HEADS, BUBBLERS, CONNECTORS, ETC. ANY INABILITY TO MEET THESE CRITICAL REQUIREMENTS SHALL BE DOCUMENTED AND SUBMITTED BY THE LANDSCAPE CONTRACTOR TO THE OWNER AND LANDSCAPE ARCHITECT AS SOON AS PRACTICAL FOR RESOLUTION. TREES CODE QTY BOTANICAL NAME COMMON NAME CONTAINER CALIPER HEIGHT SPREAD NATIVE DESIGNATION PE 5 Pinus elliotti var 'Densa'South Florida Slash Pine 65 Gal.2.5" CAL 9.0` - 10.0` HT NATIVE FULL WITH GOOD BRANCHING CHARACTER R-LJ 8 Ligustrum japonicum Japanese Privet Existing RELOCATION OF EXISTING TREE PALMS CODE QTY BOTANICAL NAME COMMON NAME CONTAINER CALIPER HEIGHT SPREAD NATIVE DESIGNATION R-AAX 1 Archontophoenix alexandrae Alexandra Palm Existing RELOCATION OF EXISTING MULTI TRUNK ALEXANDRA PALM R-LCX 5 Livistona chinensis Chinese Fan Palm Existing RELOCATION OF EXISTING FAN PALM R-PCX 1 Phoenix canariensis Canaray Island Date Palm Existing RELOCATION OF EXISTING DATE PALM PE R-LJ R-AAX R-LCX R-PCX PLANT SCHEDULE SHRUB AREAS CODE QTY BOTANICAL NAME COMMON NAME CONT HT SPR NATIVE MAX. MAINT. SIZE DROUGHT SPACING REMARKS DII 38 Dietes iridioides White African Iris .16" HT 12" SPR NON-NATIVE H / H 36" o.c. FULL; HIGH SALT TOLERANCE; HIGH DROUGHT TOLERANCE IXP 147 Ixora 'Petite'Red Dwarf Ixora .12" HT 8" SPR NON-NATIVE 24"-30" HT H / H 24" o.c. FULL; LOW SALT TOLERANCE; MODERATE DROUGHT TOLERANCE PSN 79 Psychotria nervosa Wild Coffee .18" HT 16" SPR NATIVE 60" HT M / M 36" o.c. FULL; MODERATE SALT TOLERANCE; MODERATE DROUGHT TOLERANCE RHI 139 Rhaphiolepis indica Indian Hawthorn .12" HT 24" SPR NON-NATIVE 24" o.c. FULL; MODERATE SALT TOLERANCE; HIGH DROUGHT TOLERANCE PLANT SCHEDULE GROUND COVERS CODE QTY BOTANICAL NAME COMMON NAME CONT HT NATIVE DROUGHT SPACING REMARKS LAN 320 Lantana involucrata Wild Sage .12" HT NATIVE 15" o.c.FULL; HIGH SALT TOLERANCE; HIGH DROUGHT TOLERANCE SPB 78 Spartina bakeri Sand Cordgrass .24" HT NATIVE H / H 24" o.c.FULL; HIGH SALT TOLERANCE; HIGH DROUGHT TOLERANCE GRASSES CODE QTY BOTANICAL NAME COMMON NAME CONT HT NATIVE DROUGHT SPACING REMARKS MUC 333 Muhlenbergia capillaris Pink Muhly Grass .18" HT NATIVE H / H 24" o.c.FULL; HIGH SALT TOLERANCE; HIGH DROUGHT TOLERANCE SOD/SEED CODE QTY BOTANICAL NAME COMMON NAME CONT HT NATIVE DROUGHT SPACING REMARKS SOD 9,362 sf Stenotaphrum secundatum `Floritam`Floritam St. Augustine Sod SOLID SOD PANELS FULL SOLID PANELS; TIGHT STAGGERED JOINTS; SAND ALL JOINTS AND ROLL PLANT SCHEDULE Drawing No. ScaleProject No. Sheet ofRevision Seal The Contractor shall verify and be responsible for all dimensions. DO NOT scale the drawing - any errors or omissions shall be reported to Stantec without delay. The Copyrights to all designs and drawings are the property of Stantec. Reproduction or use for any purpose other than that authorized by Stantec is forbidden. 215600966 Issue/Revision LP601.dwg KNB KGM FAD 04/2022 By Appd.YYYY.MM.DD - VICE MAYOR ROBERT C. WELSH JR. PARK CITY OF SOUTH MIAMI SOUTH MIAMI, FLORIDA3510 KRAFT ROAD, SUITE 200 NAPLES, FLORIDA, 34105 www.stantec.com KEVIN G. MANGAN, PLA FL LIC. NO.: LA 0001337 STANTEC CONSULTING SERVICES INC. 3510 KRAFT ROAD, SUITE 200, NAPLES, FLORIDA, 34105 100% CD Submittal KNB FAD 2021.07 LP601 100% CD Submittal - Owner Directed Changes KNB FAD 2021.07 Final Construction Documents Submittal KNB FAD 2022.04 n/a Planting Schedule Kevin G Mangan 2022.04.0 7 20:06:15 -04'00' 210 /////////////////////////////////////////////////////////////////////////////////////////////////// // /// / ///// ///// / ////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////////(((((((((((((((OHEOHEOHEOHEOHEOHEOHEOHEOHEOHEOHEOHEOHEOHEOHEOHEOHEOHEOHEOHE(((((((( ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( ( (((((((((((((((((((((((((((((((((((((((((((((((((((((((((((((((((((((((((((((((((WWWW////////////////////////CONCRETECOVERED AREA ONE STORY C.B.S. BUILDINGNo 7435FF ELEV.:9.36'CONC. SLABGROUNDWOOD DECKPAVERSASPHALT PAVEMENT ASPHALT PAVEMENTCANALGRASSGRASSGRASSGRASSGRASSGRASSGRASSGRASSGRASSGRASSGRASSGRASS CONC. SIDEWALKCONC. SLABASPHALTDRIVEWAY ASPHALTPAVERS (#2) CATCH BASINRIM ELEV.: 7.47'EAST INV.: 4.02'12" Ø CNC PIPEWEST INV.: 4.27'12" Ø CNC PIPEBOTTOM ELEV.: 4.80'(#1) CATCH BASINRIM ELEV.: 7.45'EAST INV.: 4.75'12" Ø CNC PIPEBOTTOM ELEV.: 4.55'(#1)(#2)SW 74 TERRACESW 66 AVENUE 6' HIGHC.L.F.PAVERS/////////////////////////////////////////////TRACT A(P.B. 65 - PG. 55)TRACT B(P.B. 65 - PG. 55)TRACT C(P.B. 65 - PG. 55)N89°08'56"E143.88' (R)R=25' Δ= 89°56'50" T=24.98' L=39.25'N89°05'46"E61.21' (R) & (M)79.57' (R)&(M)25'25'FOUNDIRON PIPE(NO ID)FOUNDIRON PIPE(NO ID)FOUNDIRON PIPE(NO ID)SET 1/2"IRON PIPE(LB 7335)SET 1/2"IRON PIPE(LB 7335)SET 1/2"IRON PIPE(LB 7335)SET 1/2"IRON PIPE(LB 7335)SET 1/2"IRON PIPE(LB 7335)GUARD RAILHEDGEHEDGEASPHALTDRIVEWAY R=350.00'DELTA=019°27'56"T=60.03'L=118.91'R=75.00'DELTA=19°28'16"T=12.87'L=25.49'N3°04'42"W 122.89'(R) & (M)S86°58'28"W126.65'(R) & (M)N37°35'30"W℄℄TOP OF BANKEDGE OF WATERELEV. 2.60' (01-30-20 11.0 am)OUTCROPPING ROCK74.2'13.8'20.3'13.3'53.7'27.2'30.0'30.1'27.0'27.1'25.1'62.4 '1234567891011121314151617181920212223242829252726303133323534363738403941424344464550' PUBLIC RIGHT-OF-WAY50' PUBLIC RIGHT-OF-WAYR/W R/W R/WR/WR/WR/W25.0'25.0'25.0'25.0'25.0'25.0'SW 72ND ST SW 67TH AV 76TH ST\SW 74TH STSW 63RD AV SW 62ND PL S D I X I E H Y SW 62ND CTSW 73RD STSW 66TH AV SW 68TH AV SW 75TH TESW 74TH STSW 70TH LASW 70TH TESW 71ST LASW 64TH CT SW 65TH AV SW 78TH STSW 77TH TESW 76TH TESW 64TH CT SW 63RD CTMA NO R L A SW 6 3 R D C TSW 77TH TESUBJECT SITE SW 66TH CT SW 66TH AV SW 74TH STCATV= FIRE HYDRANTlegend and abbreviations= TEMPORARY SITE BENCHMARK= ELECTRIC BOX= PALM TREE= TREEO.R.B.= OFFICIAL RECORDS BOOK= PAGEPG.= AMERICAN DISABILITY ACTADA= BOLLARD= CONCRETE LIGHT POLE= STORM MANHOLE= SANITARY MANHOLE= INVERTINV.= ELEVATIONELEV.= TYPICALTYP.= IRRIGATIONIRR= EXISTINGEX= STORMST= SANITARYSAN= SPOT ELEVATIONX 0.00= CONCRETECONC.= WATER VALVE= WATER METER= GAS VALVE= HANDICAP PARKING SPACE= COMMUNICATION BOX= IRRIGATION VALVE= DIAMETER OF TREED= HEIGHT OF TREEH= SPREAD (CANOPY OF TREE)S= FLOODLIGHT= SIGN= CABLE TELEVISION= POLYVINYL CHLORIDE PIPEPVC= HIGH-DENSITY POLYETHYLENEHDPE= FINISH FLOOR FF= CHAIN LINK FENCEC.L.F.= TRAFFIC SIGNAL MAST ARM= CABLE TELEVISION BOX= TRAFFIC SIGNAL CABINET= TRAFFIC SIGNAL BOX= EXISTING UNDERGROUND= GASGCOM= EXISTING OVERHEADOHE= ELECTRICELEC.= CONCRETE BLOCK STUCCOC.B.S.= FIRE DEPARTMENTFDC= INDICATES NUMBER OF PIPES(2)2"Ø= WATERWType of Project: Project Name:Project No.:Drawing Date:Managed By:Scale:Drawn By:Checked By:M A P O F B O U N D A R Y / T R E E S U R V E YFeb. 07, 2020GSAS SHOWNJG & JMGS20032.0.01No.:Date:Description RECORD OF REVISION LONGITUDESURVEYORSWWW.LONGITUDESURVEYORS.COM7769 NW 48th STREETSUITE 375DORAL, FLORIDA33166PH: (305) 463-0912FAX: (305) 513-5680FLORIDA CERTIFICATEOF AUTHORIZATIONLB 7335By:AND THE DIAMETER OF PIPESCOMMUNCATION LINEELECTRIC LINE(TAKEN AT BREAST HEIGHT)CONNECTION= PEDESTRIAN SIGNAL= TRAFFIC HANDHOLE= TRAFFIC MANHOLE= TRAFFIC CAMERA= TRAFFIC SENSOR= CABLE TELEVISION MANHOLE= CABLE TELEVISION HANDHOLE= CABLE TELEVISION VAULT= CABLE TELEVISION MARKER= CABLE TELEVISION MARKERSIGNFLAG= TRAFFIC MARKER SIGN= ELECTRIC SWITCH= WOODEN UTILITY POLE= ELECTRIC TRANSFORMER= GUY ANCHOR= GUY ANCHOR POST= WOOD FENCEW.F.= METAL FENCEM.F.= BARBED WIRE FENCEB.W.F.= FIBER OPTICFO= ELECTRIC MANHOLE= ELECTRIC METER= ELECTRIC HANDHOLE= ELECTRIC VAULT= ELECTRIC MARKING FLAG= ELECTRIC MARKING SIGN= GAS UTILITY BOX= GAS MANHOLE= GAS TANK= GAS HANDHOLE= GAS METER= GAS VAULT= GAS WELL= GAS MARKER FLAG= GAS MARKER SIGNC= ORNAMENTAL TREE= COMMUNICATION MANHOLE= COMMUNICATION VAULT= COMMUNICATION HANDHOLE= COMMUNICATION MARKER= COMMUNICATION MARKER SIGNFLAG= GARBAGE RECEPTACLE= PAYPHONE= BASKETBALL HOOP= AIR RELEASE VALVE= WATER BOX= WATER CONNECTION= WATER HANDHOLE= WATER MANHOLE= WATER TANK= WATER VAULT= WATER WELL= WATER MARKING FLAG= WATER MARKING SIGN= STORM METER= STORM HANDHOLE= STORM VAULT= CATCH BASIN= STORM MARKER FLAG= STORM MARKER SIGN= TELEPHONE MANHOLE= TELEPHONE BOX= TELEPHONEHANDHOLE= TELEPHONE BOX= TELEPHONE MARKER SIGN= NEWSPAPER DISPENSER= MAILBOX= BORING HOLE= SANITARY METER= SANITARY TANK= SANITARY HANDHOLE= SANITARY LIFT STATION= SANITARY VAULT= SANITARY MARKER FLAG= SANITARY MARKER SIGN= GREASE TRAP MANHOLE= CLEANOUT= PARKING METER= FIBER OPTIC MANHOLE= FIBER OPTIC VAULT= FIBER OPTIC BOX= FIBER OPTIC HANDHOLE= FIBER OPTIC MARKER FLAG= FIBER OPTIC MARKER SIGN= MONITORING WELL= FUEL TANK= UNKNOWN UTILITY BOX= UNKNOWN UTILITY HANDHOLE= UNKNOWN UTILITY METER= UNKNOWN UTILITY MANHOLE= UNKNOWN UTILITY POLE= UNKNOWN UTILITY TANK= UNKNOWN UTILITY VALVE= UNKNOWN UTILITY VAULT= UNKNOWN UTILITY MARKER= UNKNOWN UTILITY MARKERFLAGSIGN= RAILROAD SIGNAL= RAILROAD SIGN= RAILROAD BOX= RAILROAD VAULT= RAILROAD HANDHOLE= FLAGPOLE= PIPELINE BOX= PIPELINE HANDHOLE= PIPELINE METER= PIPELINE MANHOLE= PIPELINE VALVE= PIPELINE VAULT= PIPELINE MARKER FLAG= PIPELINE MARKER SIGN= LENGTHL= STATIONSTA.= PLAT BOOKP.B.= SECTION LINE= CENTERLINEL= BASELINE= MONUMENT LINECLBLMLS= CENTRAL ANGLE= RADIUSR= POINT OF COMPOUNDPCC= POINT OF REVERSE CURVATUREPRC= POINT OF TANGENCYPT= POINT OF CURVATUREPCCURVATUREΔ= MEASURE(M)= CALCULATED(C)= RECORD(R)= LICENSE BUSINESSLB= CAST IRONC.I.= CORRUGATED METALC.M.= ORNAMENTAL LIGHT POLEOLP= WOODEN LIGHT POLEWLP= METAL LIGHT POLEMLP= CONCRETE LIGHT POLECLP= RIGHT-OF-WAYR/W= TANGENTTASPHALTBRICKPAVERUNIMPROVEDTILEGRAVELSTAMPEDCONCRETECONCRETEPPPPPPPPFFFFFFFUTTTTTRRRRRRGTNSLSSSSSTSDDDDDUUUUUUUUUUWWWWWWWAWDSIWCCCCGGGGGGGGGEEEEEECGTETVTVTVTVTVTRTVTRTRTRTRTRSheet 1 of 1= SANITARY VALVESGRAPHIC SCALE IN FEET020102040SCALE: 1" = 20'= CONCRETE UTILITY POLE= METAL UTILITY POLE(NOT TO SCALE)LOCATION MAPSECTION 36 TOWNSHIP 54 SOUTH - RANGE 40 EASTLYING AND BEING IN THE CITY OF SOUTH MIAMI, DADE COUNTY, FLORIDANSURVEYOR'S NOTES:DATE OF FIELD SURVEY:PROPERTY INFORMATIONThe date of completion of the original field Survey was on January 30, 2020.Address: 7435 SW 66 Avenue, South Miami , Florida 33143.Containing 1,738.51 sq. ft. or 0.04 acres, more or less, by calculations.Folio No.: 09-4036-050-0020ACCURACY:The accuracy obtained by field measurement methods and office calculations of closedgeometric figures meets and exceeds the Minimum Technical Standards requirement forSuburban Area (Linear: 1 foot in 7,500 feet) as defined in Rule 5J-17.051, FloridaAdministrative Code.Elevations of well identified features as depicted on the Survey Map were measured to anestimated vertical position accuracy of 1/100 of a foot on hard surfaces and 1/10 of afoot on ground surfaces.Well identified features as depicted on the Survey Map were measured to an estimatedhorizontal position accuracy of 1/10 of a foot.This Map of Survey is intended to be displayed at a scale of One inch equals Twenty feetor smaller.PERTINENT INFORMATION USED FOR SURVEY:North arrow direction is based on an assumed Meridian.Bearings as shown hereon are based upon the Centerline of SW 74 TERR with an assumedbearing of N8908'56"E, said line to be considered a well established and monumentedline.This project area appears to be located in Flood Zone "AH", with a Base Flood Elevationbeing "9 Feet", as per Federal Emergency Management Agency (FEMA)Community-Panel Number 120658 (CITY OF SOUTH MIAMI), Map No. 12086C0458, Suffix L,Map Revised Date: September 11, 2009.For Vertical Control:All elevations shown hereon are based on the National Geodetic Vertical Datum of 1929(N.G.V.D. '29), and a Benchmark supplied by the Public Works and Waste ManagementDepartment of Miami-Dade County, Florida.Benchmark: SC-34 Elevation: + 9.62 (N.G.V.D. '29)Located SW 72 ST --- 51' SOUTH OF C/L.Benchmark: SUDLOW AZ Elevation: + 11.82 (N.G.V.D. '29)Located SW 72 ST --- 5' SOUTH OF SOUTH EDGE OF PAVEMENT.Plat of "LUDLAM PARK" according to the Plat thereof as recorded in Plat Book 65 at Page55 of the Public Records of Miami-Dade County, Florida.RESTRICTIONS:Since no other information were furnished other than that is cited under pertinentinformation, the Client is hereby advised that there may be legal restrictions on theSubject Property that are not shown on the Survey Map that may be found in the PublicRecords of Miami-Dade County.The Surveyor makes no representation as to ownership or possession of the SubjectProperty by any entity or individual that may appear on the Public Records of this County.No excavation or determination was made as to how the Subject Property is served byutilities.No improvements were located, other than those shown. No underground foundations,improvements and/or utilities were located or shown hereon.PURPOSE OF SURVEY:The purpose of this survey is for design.CLIENT INFORMATION:This Boundary/Tree Survey was prepared at the insistence of and certified to:STANTEC901 Ponce de Leon Boulevard, Suite 900. Coral Gables. Florida 33134SURVEYOR'S CERTIFICATE:I hereby certify: That this "Boundary/Tree Survey" and the Survey Map resulting therefromwas performed under my direction and is true and correct to the best of my knowledgeand belief and further, that said "Boundary/Tree Survey" meets the intent of theapplicable provisions of the Standards of Practice for Land Surveying in the State ofFlorida, pursuant to Rule 5J-17.051 through 5J-17.052 of the Florida Administrative Codeand its implementing law, Chapter 472.027 of the Florida Statutes.LONGITUDE SURVEYORS LLC., a Florida Limited Liability CompanyFlorida Certificate of Authorization Number LB7335By: ___________________________________________________________ Eduardo M. Suarez, PSM Registered Surveyor and Mapper LS6313 State of FloridaNOTICE: Not valid without the signature and original raised seal of a Florida LicensedSurveyor and Mapper. Additions or deletions to Survey Maps by other than the signingparty are prohibited without the written consent of the signing party.BOUNDARY / TREE SURVEY 7435 SW 66 AVENUE SOUTH MIAMI, FL 33143 CITY OF SOUTH MIAMI TREE INFORMATIONLEGAL DESCRIPTION:TRACT B, LUDLAM PARK ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK65, PAGE 55 OF THE PUBLIC RECORDS OF MIAMI-DADE COUNTY FLORIDA.25.0'25.0'211 Tabulation Sheet Agency Name City of South Miami Bid Number RFP-RFP #PR2022-10-0-2022/SK Bid Name NEW PARK IMPROVEMENTS AT ROBERT C. WELSH JR. PARK. Bid Due Date 06/07/2022 22:00:00 Eastern Bid Opening Closed 4 responses found.online,  offline,  not submitting,  not received  Company Responded Address Bid Amount Alt Bid Amount Declared Attributes Documents Sent Complete 1 .Florida Engineering & Development Corp 06/07/2022  12:51:21  Eastern 12076  Northwest  98th  Avenue, Hialeah  Gardens,  FL, 33018  $488000.0000 0.0000 Bidding Document  2 .Homestead Concrete & Drainage 06/07/2022  14:02:48  Eastern 221 SW 4th Ave, Homestead, FL, 33030  $460839.7900 0.0000 Bidding Document  3 .M&J GENERAL CONTRACTORS 06/07/2022  09:59:57  Eastern 300  PALERMO  AVE, , 2ND  FLOOR, Miami, FL,  33134  $417760.1800 0.0000 Hispanic  Owned,  Small  Business, Woman  Owned Bidding Document  4 .r2r demolition inc 06/07/2022  09:39:49  Eastern 2421 ne  8th ter, pompano  beach, FL,  33064  $185407.6500 0.0000 Bidding Document  212 Bidder Bid Price E- Bid Package Bid Form SOV Bidder Qualif.Ref.List of Subs' Non Coll. Affidavit Public Entity Crimes and Conflicts Drug free Workplace OSHA Stds Fed. State Listings Related Party Presen Proof of Ins Signed Contract Sun Biz r2rDemoliion $185,407.65 X X X X X X X X X X X X X X X M & J CONTRACTORS $417,760.18 X X X N/A N/A N/A X N/A N/A N/A X N/A N/A N/A N/A HOMESTEAD CONCRETE $460,839.79 X X X X X X X X X X X X X X X FLA ENG. & DEV $488,000.00 X X X X X X X X X X X X X X X RFP PR2022-10 PROOF OF INSURANCE IS A CONDITION OF AWARD NOTE: RESULTS ARE NOT FINAL UNTIL AN AWARD RECOMMENDTION BY THE CITY MANAGER 213 PROPOSAL SUBMITTAL CHECKLIST FORM NEW PARK IMPROVEMENTS AT ROBERT C. WELSH JR. PARK . RFP #PR2022-10 This checklist indicates the forms and documents required to be submitted for this solicitation and to be presented by the deadline set for within the solicitation. Fulfillment of all solicitation requirements listed is mandatory for consideration of response to the solicitation. Additional documents may be required and, if so, they will be identified in an addendum to this Solicitation. The response must include the following items: Attachments and Other Documents described below to be Completed IF MARKE Check Completed. X The City will only receive submittals online and electronically through the Demand Star Electronic Bid System (E-Bidding). To register as a business, go to https://network.demandstar.com/ The City, at its discretion, may request hard copies of proposals received from a specific Respondent or all Respondents. X Indemnification and Insurance Documents EXHIBIT 2 X Respondents Bid Form. EXHIBIT 3 X Signed Contract Documents (All including General Conditions and Supplementary Conditions if attached) EXHIBIT 4, 5, & 6 X Respondents Qualification Statement X List of Proposed Subcontractors and Subconsultants and Principal Suppliers X Non-Collusion Affidavit X Public Entity Crimes and Conflicts of Interest X Drug Free Workplace X Acknowledgement of Conformance with OSHA Standards X Affidavit Concerning Federal & State Vendor Listings X Related Party Transaction Verification Form X Presentation Team Declaration/Affidavit of Representation Submit this checklist along with your proposal indicating the completion and submission of each required forms and/or documents. NOTE: BID & PERFORMANCE & PAYMENT BONDS ARE NOT REQUIRED FOR THIS PROJECT END OF SECTION 15 of 103 214 EXHIBIT 1 SCOPE OF SERVICES ATTACHMENT D NEW PARK IMPROVEMENTS AT ROBERT C. WELSH JR. PARK RFP #PR2022-10 C NOTE: FAILURE TO COMPLETE AND SUBMIT THE SCHEDULE OF VALUES FORM WILL RENDER A SUBMITTAL AS NON-RESPONSIVE 215 61 of 103 19.33 16,469.16 16,469.16 1,800.00 1,800.00 1,800.00 5,698.56 5,698.56 5,698.56 23,967.72 21,369.60 2,778.05 2,778.05 2,849.28 2,849.28 2,849.28 5,627.33 140.00 6,160.00 6,160.00 6,160.00 2.20 3,927.00 3,927.00 3,927.00 216 Division 01 !General Regulrements gECTION NUMBEf ITEM 015639 Temporary Tree and Plant Protection 017419 Construction Waste Management and Disoosal As-builts Division 02 !Existing Conditi ons ~ECTION NUMBE j ITEM 024119 Selective Demolition Reaular Excavation & Embankment Division 06 !Woods , Plastics , and ¢ompo·sites tECTION NUMBEj 061300 Heav Timber Construction (Guardrail Divis ion 09 !Conc ~ete ·Seating tECTION NUMBEj ITEM 093300 Concrete Sealer Division 10 !Specialties PUANTIT~ UNIT I UN IT PRICE I SUBTOTAL I 852 .00 LF Allow 1.00 1.00 LS Total Div isio n 01 I QTY UNIT I UNIT PRICE I SUBTOTAL I AC 0.13 1.00 LS Total Division 02 1 QTY UNIT I UNIT PRICE I SUBTOTAL I 44 .00 LF To tal Division 06 1 QTY UNIT I UNIT PRICE I SUBTOTAL I SF 1785 .00 Total Div isio n 09 1 TOTAL TOTAL TOTAL TOTAL 0 Stantec INOTES Construction-ohase tree and plant protection, trimmina, protection -zone fencina, and prunina . Salvaaina. recvclina . and disoosinci of non-hazardous demolition and construction waste . I NOTES Demolition of selected portions of existing buildings, structures, and associated site improvements . Areas of proposed hardscaoe improvements. I NOTES Solid timber framin timber uardrail, wood uardrail with steel late backin and wooden osts !NOTES Coating of sealer will protect and enhance colored and textured concrete to form a shield against stains and mildew. 62 of 103 600.00 600.00 600.00 570.00 1,140.00 1,140.00 15,471.12 15,471.12 15,471.12 7,002.00 7,002.00 7,002.00 14.45 2,384.25 2,384.25 120.00 120.00 120.00 960.00 960.00 960.00 17,095.68 7,864.01 7,864.01 7,864.01 40,834.99 40,834.99 40,834.99 68,512.36 13,700.00 13,700.00 13,700.00 13,700.00 13,700.00 13,700.00 13,700.00 13,700.00 13,700.00 10,000.00 10,000.00 10,000.00 51,100.00 217 tECTION NUMBEj ITEM QTY 101423 Small Marker Sianaae 1.00 Pre-fabricated Metal Shade Structure 1.00 "No Parkina Beyond This Point" Sian 2.00 Larae Identification Sianaae 1.00 Water Founta in includina Orv Well 1.00 3/4" Polyethylene Pipe for Water Service 165.00 3/4" Valve 1.00 Connection to MD-WASD Water Meter 1.00 Divlsioh 11 !Equipment I ECTIO N NUMBE! ITEM QTY 116800 Play Field Equipment and Structures - Plav Set 1.00 116800 Play Field Equipment and Structures - Climber 1.00 116800 Play Field Equipment and Structures - Boulder 1.00 116800 Play Field Equipment and Structures - Basketball Eauioment 1.00 C:>i vl slo'n 31" !Earthworks t ECTION NUMBEI aw 311000 Site Clearin 0.46 Division 32 !Exterior Improvements UNIT I UNIT PR ICE I SUBTOTAL I LS Allow EA LS EA LF EA LS Total Div ision 10 ] UN IT I UNIT PRICE I SLJBfoTAL I Allow Allow Allow Allow Total Division 11 I UNIT I UNIT PRICE I SUBTOTAL I AC Total Division 31 1 TOTAL TOTAL TOTAL ~ Stantec IN OTEs · Panel sians, illuminated panel siCJns, and field-applied, vinvl-character sians . 12' x 12' pre-fabricated metal shade structure on concrete slab (Includes permits, engineered drawinqs, and installation) Parkinq Area Panel sians. illuminated panel sians, and field-applied, vinvl-character sians . ADA accessible 2-tier water fountain I NOTES Public olavaround eauipment for children aaed two throuah 12. Public playqround eauipment for children aaed two throuah 12. Public pJavaround eauipment for children aaed two throuah 12. Pole , hooo, net. and backboard IN ITTES Clearing, grubbing, vegetation protection, stupming, stripping and stockpiling topsoil and rock, and disconnectina utilities. 63 of 103 11.11 1,333.20 1,333.20 11.11 1,344.31 1,344.31 11.11 15,865.08 15,865.08 21,021.98 21,021.98 21,021.98 960.00 960.00 960.00 720.00 1,440.00 1,440.00 10.00 6,480.00 6,480.00 44.19 53,028.00 53,028.00 256.14 31,761.36 31,761.36 3,038.14 12,152.56 12,152.56 1,393.51 1,393.51 1,393.51 4,739.28 4,739.28 4,739.28 1.80 24,318.00 24,318.00 160.00 4,320.00 4,320.00 0.60 5,617.20 5,617.20 480.00 2,400.00 2,400.00 480.00 1,440.00 1,440.00 12.12 13,744.08 13,744.08 8.40 12,180.00 12,180.00 37.22 9,118.90 9,118.90 218 ~ Stantec ITEM QTY UNIT UNIT PRICE SUBTOTAL TOTAL NOTES 321313 SF Concrete curbs , arade beams flush bands, etc. Colored Concrete Flushed Curb. Concrete Pavina 120.00 321313 Concrete Pavinq (Structural Slab) 121.00 SF 4" thk concrete slab with WWF 321316 Decorative Concrete Pavina (Walkways) 1428.00 SF 6" thk x 5' wide inteqral colored concrete walkways w/ WWF on 8" stone base 321316 Allow Decorative Concrete Pavina (Basketball C 1.00 6" thk concrete basketball court w/ WWF on 8" stone base, painted court markinas 321373 LS Concrete Pavinq Joint Sealants 100 Sealants for concrete asphalt pavement ioints. 321443 SF Concrete, grid-type and interlocking type with openings between units. Turfstone Permeable Porous Unit Pavina 648 .00 Concrete Stabilization Paver by Belaard or approved equal. 321726 EA Tactile Warnina Surfacina 2.00 Detectable warninq tiles and mats located in concrete walkways; detectable warnina Davers. 321816.13 Plavaround Protective Surfacina 1200.00 SF lmpact-attenuatinq, protective surfacina for use under public plavaround equipment with edae board. 323123 LF Manufactured and custom -designed fences and gates made from steel, aluminum, or metallic- Decorative Vinvl Fences and Gates 124 ,00 coated steel. 323300 EA Seating, tables, bicycle racks and lockers, trash and ash receptacles, planters, and bollards for Site Furnishinqs -Bench 4.00 outdoor locations. 323300 EA Seating, tables, bicycle racks and lockers, trash and ash receptacles, planters, and bollards for Site Furnishinas -Bike Rack 1.00 outdoor locations. 323300 EA Seating, tables, bicycle racks and lockers, trash and ash receptacles, planters, and bollards for Site Furnishinas -Picnic Table 1.00 outdoor locations. 328400 SF Plantina lrriaation 13510 .00 Heads . oioes , and controls . 329115 CY 6" depth in shrub beds for planting soils specified according to tesed performance requirements Soil Preparation (Performance Specificatio 27.00 (particle size, oraanic matter percentaae, PH, CEC, fertilitv, etc.), lavered soil assemblies. 329200 SF Seeded, sodded, plugged, and sprigged turf and meadows; pesticides, erosion-control materials, turf Turf and Grasses 9362 .00 renovation and arass paving . 329300 EA Nursery-grown trees and other plants, pesticides, tree stabilization, tree watering devices, landscape Plants -Specimen Canopy Tree 5.00 edginas, and tree arates. 329300 EA Nursery-grown trees and other plants, pesticides, tree stabilization, tree watering devices, landscape Plants -Palm Tree 3.00 edainas. and tree orates. 329300 EA Nursery-grown trees and other plants, pesticides, tree stabilization, tree watering devices, landscape Plants -Shrub/ Groundcovers 1134 .00 edainas, and tree arates. 329300 SF Nursery-grown trees and other plants, pesticides, tree stabilization, tree watering devices, landscape Plants -Mulch 1450.00 edainas , and tree arates. 329300 LF Plants -Root Barrier 245.00 Deeproot UB24-2 64 of 103 1,067 16,005.00 16,005.00 198.00 792.00 792.00 5.90 4,259.80 4,259.80 29.50 2,507.50 2,507.50 28.00 2,380.00 2,380.00 250,601.76 417,760.18 219 ~ Stantec 329600 EA Transplanting non-nursery-grown trees, root and crown pruning, tree stabilization, and watering T ransplantinq 15.00 devices. TON Washed #89 Stone 4.00 Parkin □ Area Tencate Mirafi 160N Geotextile Fabric 722 .00 SF Parkina Area 12" Comoacted Subarade 85 .00 SY Parking Area 8" Compacted #57 Stone or Compacted 01 85 .00 SY Parkina Area Total Division 32 1 Grand Total All Div isions ! RESPONDENT QUALIFICATION STATEMENT NEW PARK IMPROVEMENTS AT ROBERT C. WELSH JR. PARK . RFP #PR2022-10 The response to this questionnaire will Proposal Evaluation and RESPONDENT selection. 1. Number of similar projects completed, a) In the past 5 years In the past 5 years On Schedule b) In the past 10 years In the past 10 years On Schedule 2. List the last five (5) completed similar projects. a) Project Name: Owner Name: Owner Address: Owner Telephone: Original Contract Completion Time (Days): Original Contract Completion Date: Actual Final Contract Completion Date: Original Contract Price: Actual Final Contract Price: b) Project Name: Owner Name: Owner Address: Owner Telephone: Original Contract Completion Time (Days): Original Contract Completion Date: Actual Final Contract Completion Date: Original Contract Price: Actual Final Contract Price c) Project Name: Owner Name: 16 of 103 2 3 Maggiore Park Construction City of Coral Gables 405 Biltmore Way, Coral Gables, FL 305-460-5151 267 CD 6/6/22 6/30/22 780,564.00 823,643.97 Iron Manor Fountain Park City of North Miami 776 NE 125 ST, NORTH MIAMI, FL 33161 305-895-9886, EXT 12901 180 CD 06/26/2019 06/26/2019 267,262.64 267,262.64 MUNICIPAL CENTER FIRST FLOOR REPURPOSE VILLAGE OF PINECREST, FL 220 Owner Address: Owner Telephone: Original Contract Completion Time (Days): Original Contract Completion Date: Actual Final Contract Completion Date: Original Contract Price: Actual Final Contract Price: d) Project Name: Owner Name: Owner Address: Owner Telephone: Original Contract Completion Time (Days): Original Contract Completion Date: Actual Final Contract Completion Date: Original Contract Price: Actual Final Contract Price: e) Project Name: Owner Name: Owner Address: Owner Telephone: Original Contract Completion Time (Days): Original Contract Completion Date: Actual Final Contract Completion Date: Original Contract Price: Actual Final Contract Price: 17 of 103 12645 PINECREST PARKWAY, PINECREST, FL 33156 305-234-2121 226,411.00 180 CD 04/16/2020 05/16/2020 237,735.34 221 3. Current workload Project Name Owner Name Telephone Number Contract Price 4. The following information must be attached to the proposal. a) RESPONDENT b) RESPONDENT c) Resumes of proposed key project personnel, including on-site Superintendent. 5. List and describe any: a) Bankruptcy petitions filed by or against the Respondent or any predecessor organizations, b) Any arbitration or civil or criminal proceedings, or c) Suspension of contracts or debarring from Bidding or Responding by any public agency brought against the Respondent in the last five (5) years 6. Government References: List other Government Agencies or Quasi-Government Agencies for which you have done business within the past five (5) years. Name of Agency: Address: Telephone No.: Contact Person: Type of Project: 18 of 103 City of North Miami Alberto Destrade IRONS MANOR PARK RENOVATION & NEW CROSSWALK 305-895-9886, EXT 12901 776 NE 125 ST, NORTH MIAMI, FL 33161 222 Name of Agency: Address: Telephone No.: Contact Person: Type of Project: Name of Agency: Address: Telephone No.: Contact Person: Type of Project: 19 of 103 VILLAGE OF PINECREST, FL 12645 PINECREST PARKWAY, PINECREST, FL 33156 305-234-2121 PAUL BUCKLER, ARCHITECT MUNICIPAL BUILDING LOBBY UPGRADE City of Coral Gables 405 Biltmore Way, Coral Gables, FL 305-460-5151 Jorge Hernandez Maggiore Park Construction City of Coral Gables Jorge Hernandez Maggiore Park Construction 305-460-5151 223 LIST OF PROPOSED SUBCONTRACTORS, SUBCONSULTANTS AND PRINCIPAL SUPPLIERS NEW PARK IMPROVEMENTS AT ROBERT C. WELSH JR. PARK . RFP #PR2022-10 Respondent must list all proposed subcontractors and subconsultant if subcontractors and subconsultants are allowed by the terms of this Solicitation to be used on this project if they are awarded the Contract. Classification of Work Subcontractor/Subconsultant Name Address Telephone, Fax & Email Other: This list must be provided as a part of Respondents submittal to the City of South Miami and in response to this RFP. END OF SECTION 20 of 103 AC TRENCHSITEWORK JML Irrigation & LandscapingIrrigation & Landscaping P.O. Box 164954Miami, FL 33116 786-701-3322 14905 SW 80 ST #217Miami, FL 33193 786-537-2575 Pebbleflex 2.0 3899 Mannix Dr Unite 424Naples, FL 34114Specialty Surfaces 407-925-7873 PLAYMOREPLAYGROUND EQUIPMENT& Shelter 10271 Deer Run Farms Road, S#1Fort Myers, FL 33966 888-886-3757 Plumbing 7740 West 2nd Court, Bay#3Hialeah, FL 33014Pau Plumbing Contractor 305-934-2894 224 225 NON-COLLUSION AFFIDAVIT NEW PARK IMPROVEMENTS AR ROBERT C. WELSH JR. PARK. STATE OF FLORIDA ) ) COUNTY OF MIAMI -DADE ) RFP #PW2022-1 0 ____ c_· :e_._=.>"-"A-1'\---'-'--'--'-=-~D~:e...---"----~-~fv __ l)..._'--=~--being first duly sworn, deposes and states that: (I) He/She/They is/are the _(O~_W _ _,µ-Ul-'-----'----------------- (Owner, Partner, Officer, Representative or Agent) of N~3 CC"\C the Respondent that has submitted the attached Proposal; (2) He/She/They is/are fully informed concerning the preparation and contents of the attached Proposal and of all pertinent circumstances concerning such Proposal; (3) Such Proposal is genuine and is not a collusive or sham Proposal; ( 4) Neither the said Respondent nor any of its officers, partners, owners, agents, representatives, employees or parties in interest, including this affiant, have in any way colluded, conspired, connived or agreed, directly or indirectly, with any other Respondent, firm, or person to submit a collusive or sham Proposal in connection with the Work for which the attached Proposal has been submitted; or to refrain from Bidding or proposing in connection with such Work; or have in any manner, directly or indirectly, sought by agreement or collusion, or communication, or conference with any Respondent, firm, or person to fix any overhead, profit, or cost elements of the Proposal or of any other Respondent, or to fix any overhead, profit, or cost elements of the Proposal Price or the Proposal Price of an y other Respondent, or to secure through any collusion, conspiracy, connivance, or unlawful agreement any ad vantage against (Recipient), or any person interested in the proposed Work; (5) The price or prices quoted in the attached Proposal are fair and proper and are not tainted by any collusion, conspiracy, connivance, or unlawful agreement on the part of the Respondent or any other of it s agents, representatives, owners, employees, or parties of interest, including this affiant. Signed, sealed, and delivered in the presence of: .............. By:-----+-----+------ Witness ~;,~,~y ~ STATE OF FLORIDA COUNTY OF MIAMI -DADE S ~~ Date ACKNOWLEDGEMENT On this the b{k day of J (/\I\(.. , 20 1..L , before me, the undersigned Notary Public of the State of Florida, personally appeared (Name(s) of individual(s) who appeared before notary) C.. c._5'..,-d <'.. L <.nA "'-and whose name(s) is/are Subscribed to the within instrument, and he/she/they acknowledge that he/she/they executed it . 21 of 103 226 WITNESS my hand and official seal. NOT ARY PUBLIC: SEAL OF OFFICE : Hiram Bernal Notary Publlo State of Florida My Commission Expires 02/26/2023 Commlaalon No. GG 306082 Notary Public, State of Florida tnravtA &rM ( (Name of Notary Public : Prin t, Stamp , or typ e as commi ssi on e d.) ✓ Personally known to me, or Personal identification : f ltrnck Uri. vc r1S Lrc._e1,d<- Type of Identification Produced Did take an oath , or Did Not take an oath . 22 of 103 227 AFFIDAVIT CONCERNING FEDERAL AND STATE VENDOR LISTINGS NEW PARK IMPROVEMENTS AT ROBERT C. WELSH JR. PARK . RFP #PR2022-10 . Th e person, or entity, who is r e sponding to the City's solicitation, hereinafter referred to as "Respondent", must c ertify that the Respondent's name Does Not appear on the State of Florida, Department of Management Services, "CONVICTED , SUSPENDED, DISCRIMINATORY FEDERAL EXCLUDED PARTIES and COMPLAINTS VENDOR LI STINGS ". If t he Respondent's name appears on one or all the "Listings" summarized below, Respondents mu st "C he ck if Applie s" next to the applicable "Listing." The "Listings" can be accessed through the following link to the Florida Department of Management Services website : http://www.dms .myflori da.com/bu siness operati on s /state p urc hasi ng/ven do r in fo rmation/con victe d s uspen ded d i sc riminatory complai nts ven do r li sts {n ,?ECLARA TION UNDER PENAL TY OF PERJURY I, G:,~ , .'ft l.u « ~(hereinafter referred to as the "Declarant") state, that the following facts are t ru e a nd co r rect: M O C , , (I) I r e prese nt th e Res pondent whose name is ~ 1 U\,. G (2) I have th e following relationship with the Respondent 0 1 ).,,2 fJ(_ (L._., (Owner (if Respondent is a sol e proprietor ), Pr esident (if Respondent is a corporation) Partner (if Respondent is a partnership), General Pa rtn er (if Respondent is a Limited Partnership) or Managing Member> (if Respondent is a Limited Li a bility C ompany). (3) I have r e vi e wed the Flo r ida Department of Management Services website at the following URL address: http://www.dms .myflorida .com/business_operations/state_purchasing/vendor _information/convicted_suspended_di sc r iminatory _complaints_vendor _lists (4) I have ente r e d an "x" or a check mark beside each listing/category set forth below if the Respondent's name a ppears in the list found on the Florida Department of Management Services website for that category or listing. If I did not enter a mark beside a listing/category, it means that I am attesting to the fact that the Respondent's name does not appear on the listing for that category in the Florida Department of Management Se rvic e s website as of the date of this affidavit. Check the following categories if Applicable Convicted Vendor List Suspended Vendor List Disc r iminatory Vendor List Federal Excluded Parties List Vendor Compla int List Unde r pe nalti e s of perjury, and as the person authorized to sign this statement, I declare that I have read the fore goin g statement and that the facts stated in it are true and that this firm is in full compliance with the above re quire m e nts . ACKNOWLEDGEMENT STATE OF FLORIDA ) COUNTY OF MIAMI-DADE ) On thi s th e h1k day of J"" \/\-\. l.. appea red C Hit r G-uvvL , 20~, before me, the undersigned authority, personally who is p rsonally kn e or who provided the following identification ~ L.. 'D L- fore going Affidavit as the Declarant. and who took an oath o ffir t tha e/she/they executed the WITNESS my hand and official seal. Notary Public , tate of Florida NOTARY PUBLIC: Hiram Bernal SEAL . Notary Pub li c State of Florida (Name of Notary Public: P_rint, My Comm ission Expires 02/26/2023 stamp or type as commission e d.) rh~VtA 6c(V\Jl I Commission No. GG 30 608 2l 7 of I OJ 228 another person. A person who knowingly enters into a joint venture with a person who has been convicted of a public entity crime in Florida during the preceding 36 months will be considered an affiliate. 5 . I understand that a "person" as defined in Paragraph 287.133 (I) (e), Florida Statutes, means any natural person or entity organized under the laws of any state or of the United States with the legal power to enter into a binding contract and which bids or proposal or applies to bid or proposal on contracts for the provision of goods or services let by a public entity, or which otherwise transacts or applies to transact business with a public entity. The term "person" includes those officers, directors, executives, partners, shareholders, employees, members, and agents who are active in management of an entity. 6 . Based on information and belief, the statement which I have marked below is true in relation to the entity submitting this sworn statement. [Indicate which statement applies.] A Neither the entity submitting this sworn statement, nor any of its officers, directors, executives, partners, shareholders, employees, members, or agents who are active in the management of the entity, nor any affiliate of the entity has been charged with and convicted of a public entity crime subsequent to July I, 1989. ___ The entity submitting this sworn statement, or one or more of its officers, directors, executives, partners, shareholders, employees, members, or agents who are active in the management of the entity, or an affiliate of the entity has been charged with and convicted of a public entity crime subsequent to July I, 1989 . ___ The entity submitting this sworn statement, or one or more of its officers, directors, executives, partners, shareholders, employees, members, or agents who are active in the management of the entity, or an affiliate of the entity has been charged with and convicted of a public entity crime subsequent of July I, 1989 . However, there has been a subsequent proceeding before a Hearing Officer of the State of Florida, Division of Administrative Hearings and the Final Order entered by the Hearing Officer determined that it was not in the public interest to place the entity submitting this sworn statement on the convicted vendor list . [attach a copy of the final order.] I UNDERSTAND THAT THE SUBMISSION OF THIS FORM TO THE CONTRACTING OFFICER FOR THE PUBLIC ENTITY IDENTIFIED IN PARAGRAPH I (ONE) ABOVE IS FOR THAT PUBLIC ENTITY ONLY, AND THAT THIS FORM IS VALID THROUGH DECEMBER 31 OF THE CALENDAR YEAR IN WHICH IT IS FILED . I ALSO UNDERSTAND THAT I AM REQUIRED TO INFORM THE PUBLIC ENTITY PRIOR TO ENTERING INTO A CONTRACT IN EXCESS OF THE THRESHOLD AMOUNT PROVIDED IN SECTION 287 .017, FLORIDA STATUTES, FOR CATEGORY TWO OF ANY CHANGE IN THE INFORMATION CONTAINED IN THIS FORM . r ~,-\t'- sworn to and subscribed before me this __ lV~---day of Personally known ___________ _ OR Pr oduced identification (Type of identification) Form PUR 7068 (Rev .06/ I I /92) 24 of I 03 ~~A .20~. Notary Public -State of -ti6Yteiet My commission expires {)L h.(p {z..02, 3 (Printed, typed, or stamped commissioned name of notary public) Hiram Bernal Notary Public State of Florida My Commission Expires 02/26/2023 commission No, GG 30 6082 DRUG FREE WORKPLACE NEW PARK IMPROVEMENTS AT ROBERT C. WELSH JR. PARK. RFP #PR2022-10 Whenever two or more responses to a solicitation which are equal with respect to price, quality and service are received by the State or by any political subdivisions for the procurement of commodities or contractual services, a response to the solicitation received from a business that certifies that it has implemented a drug-free workplace program will be given preference in the award process. Established procedures for processing tie responses to solicitations will be followed if none of the tied vendors have a drug-free workplace program. In order to have a drug-free workplace program, a business must: 1) Publish a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the workplace and specifying the actions that will be taken against employees for violations of such prohibition. 2) Inform employees about the dangers of drug abuse in the workplace, the policy of maintaining a drug-free workplace, any available drug counseling, rehabilitation, and employee assistance programs, and the penalties that may be imposed upon employees for drug abuse violations. 3) Give each employee engaged in providing the commodities or contractual services that are under Bid a copy of the statement specified in paragraph (1) above. 4) In the statement specified in paragraph (1) above, notify the employees, that, as a condition to their working for the employer with regard to the matters that are the subject of the response to the solicitation including those involving the procurement of commodities or contractual services that are under Bid, the employee must abide by the terms of the statement and must notify the employer of any conviction of, or plea of guilty or nolo contendere to, any violation of Chapter 893 or of any controlled substance law of the United States or any state, for a violation occurring in the workplace no later than five (5) days after such conviction. 5) Impose a sanction on, or require the satisfactory participation in a drug abuse assistance or mmunity, by any employee who is so convicted. 6) Make a good faith effort to continue to maintain a drug-free workplace through implementation of this section. As the person authorized to sign this statement, and under penalties of perjury, I declare that I have read the foregoing statement and that the facts stated in it are true and that this firm is in full compliance with the above requirements. Print Name: _________________________________________ Date: ______________________________________________ 25 of 103 Type text here CESAR DE LUNA 6/6/2022 229 RELATED PARTY TRANSACTION VERIFICATION FORM SW 84TH STREET LANDSCAPE IMPROVEMENTS FROM SW 57TH AVE TO SW 58TH AVE RFP #PW2022-10 I ______________________________, individually and on behalf of ______________________________ ( Name of Representative Company/Vendor/Entity Section 8A-ies of perjury that to the best of my knowledge, information and belief: (1) neither I nor the Firm have any conflict of interest (as defined in section 8A-1) with regard to the contract or business that I, and/or the Firm, am(are) about to perform for, or to transact with, the City, and (2) neither I nor any employees, officers, directors of the Firm, nor anyone who has a financial interest greater than 5% in the Firm, has any relative(s), as defined in section 8A-1, who is an employee of the City or who is(are) an appointed or elected official of the City, or who is(are) a member of any public body created by the City Commission, i.e., a board or committee of the City, [while the ethics code still applies, if the person executing this form is doing so on behalf of a firm whose stock is publicly traded, the statement in this section (2) must be based the relationship of employees or those who have a financial interest in the Firm.]; and (3) neither I nor the Firm, nor anyone who has a financial interest greater than 5% in the Firm, nor any member of transacted or entered into any contract(s) with the City or has a financial interest, direct or indirect, in any business being transacted with the city, or with any person or agency acting for the city, other than as follows: ____________________________________________________________________________________ _ (if necessary, use a separate sheet to supply additional information that will not fit on this line; however, you must make reference, on the above line, to the additional sheet and the additional sheet must be signed under oath). [while the ethics code still applies, if the person executing this form is doing so on behalf of a firm whose stock is publicly traded, the statement in this section (3) must knowledge and he/she is not required to make an independent investigation as to the relationship of those who have a financial interest in the Firm.]; and (4) no elected and/or appointed official or employee of the City of South Miami, or any of their immediate family members (i.e., spouse, parents, children, brothers and sisters) has a financial interest, directly or indirectly, in the contract between you and/or your Firm and the City other than the following individuals whose interest is set forth following their names: _______________________________________________ (if necessary, use a separate sheet to supply additional information that will not fit on this line; however, you must refer, on the above line, to the additional sheet and the additional sheet must be signed under oath). The names of all City employees and that of all elected and/or appointed city officials or board members, who own, directly or indirectly, an interest of five percent (5%) or more of the total assets of capital stock in the firm are as follows: _______________________________________________________________________________ (if necessary, use a separate sheet to supply additional information that will not fit on this line; however, you must refer, on the above line, to the additional sheet and the additional sheet must be signed under oath). [while the ethics code still applies, if the person executing this form is doing so on behalf of a firm whose stock is publicly traded, the statement in this section (4) must s not required to make an independent investigation as to the financial interest in the Firm of city employees, appointed officials or the immediate family members of elected and/or appointed official or employee.] (5) I and the Firm further agree not to use or attempt to use any knowledge, property or resource which may come to us through our position of trust, or through our performance of our duties under the terms of the contract with the City, to secure a special privilege, benefit, or exemption for ourselves, or others. We agree that we may not disclose or use information, not available to members of the general public, for our personal gain or benefit or for the personal gain or benefit of any other person or business entity, outside of the normal gain or benefit anticipated through the performance of the contract. (6) I and the Firm hereby acknowledge that we have not contracted or transacted any business with the City or any person or agency acting for the City, and that we have not appeared in representation of any third party before any board, commission or agency of the City within the past two years other than as 28 of 103 M&J CONSULTING GROUP CORP CESAR DE LUNA 230 follows:____________________________________________________________________________ (if necessary, use a separate sheet to supply additional information that will not fit on this line; however, you must make reference, on the above line, to the additional sheet and the additional sheet must be signed under oath). X:\Purchasing\Vendor Registration\12.28.12 RELATED PARTY TRANSACTION VERIFICATION FORM [3].docx (7) Neither I nor any employees, officers, or directors of the Firm, nor any of their immediate family (i.e., as a spouse, son, daughter, parent, brother or sister) is related by blood or marriage to: (i) any member of the City Commission; (ii) any city employee; or (iii) any member of any board or agency of the City other than as follows: ____________________________________________(if necessary, use a separate sheet to supply additional information that will not fit on this line; however, you must make reference, on the above line, to the additional sheet and the additional sheet must be signed under oath). [while the ethics code still applies, if the person executing this form is doing so on behalf of a firm whose stock is publicly traded, the statement in this section (7) must investigation as to the relationship by blood or marriage of employees, officers, or directors of the Firm, or of any of their immediate family to any appointed or elected officials of the City, or to their immediate family members]. (8) No Other Firm, nor any officers or directors of that Other Firm or anyone who has a financial interest greater has responded to a solicitation by the City in which I or the Firm that I represent or anyone who has a financial children, brothers and sisters) have also responded, other than the following: ________________________ ____________________________________ (if necessary, use a separate sheet to supply additional information that will not fit on this line; however, you must refer, on the above line, to the additional sheet and the additional sheet must be signed under oath). [while the ethics code still applies, if the person executing this form is doing so on behalf of a firm whose stock is publicly traded, the statement in this section (8) must be based solely Other Firm, or the Firm he/she represents, as to their officers, directors or anyone having a financial interest in those Firms or any of th (9) I and the Firm agree that we are obligated to supplement this Verification Form and inform the City of any change in circumstances that would change our answers to this document. Specifically, after the opening of any responses to a solicitation, I and the Firm have an obligation to supplement this Verification Form with the name of all Related Parties who have also responded to the same solicitation and to disclose the relationship of those parties to me and the Firm. Verification Form, may subject me or the Firm to immediate termination of any agreement with the City, and the imposition of the maximum fine and/or any penalties allowed by law. Additionally, violations may be considered by and subject to action by the Miami-Dade County Commission on Ethics. Under penalties of perjury, and as the person authorized to sign this statement, I declare that I have read the foregoing statement, that I have made a diligent effort to investigate the matters to which I am attesting hereinabove and to the best of my knowledge, information, and belief the facts stated in it are true and this firm is in full compliance with the above requirements. Signature: ___________________________ Print Name & Title: ______________________________ Date: ________________________ 29 of 103 CESAR DE LUNA, VP-CGC 6/6/22 231 Abby Torres Contract Value 1,000,000.00 100,000.00 5,000.00 1,000,000.00 2,000,000.00 2,000,000.00 00128814-0 03/22/2022 03/22/2023 509-82006-1703-002 01/20/2022 07/20/2022 CSN0010621 07/12/2021Builder's Risk A C C B 39993 1,000,000.00 Cesar De Luna VP-CGC 1525006 Palmetto Bay, FL 33157 9811 W ayne Ave M & J Consulting Group Corp (305) 256-0616 City of South Miami 6130 Sunset Drive South Miami, FL 33143 Great Florida Insurance - Pinecrest (786) 522-1889FaxPhone Colony Insurance Company Lloyds of London Infinity Assurance Insurance Company 10,000.00Pip Y Y Y Y Y Y (305) 256-0616 (786) 522-1889 ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? INSR ADDL SUBR LTR INSR WVD DATE (MM/DD/YYYY) PRODUCER CONTACTNAME: FAXPHONE(A/C, No):(A/C, No, Ext): E-MAILADDRESS: INSURER A : INSURED INSURER B : INSURER C : INSURER D : INSURER E : INSURER F : POLICY NUMBER POLICY EFF POLICY EXPTYPE OF INSURANCE LIMITS(MM/DD/YYYY)(MM/DD/YYYY) AUTOMOBILE LIABILITY UMBRELLA LIAB EXCESS LIAB WORKERS COMPENSATION AND EMPLOYERS' LIABILITY DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more space is required) AUTHORIZED REPRESENTATIVE EACH OCCURRENCE $ DAMAGE TO RENTED COMMERCIAL GENERAL LIABILITY $PREMISES (Ea occurrence)CLAIMS-MADE OCCUR MED EXP (Any one person)$ PERSONAL & ADV INJURY $ GENERAL AGGREGATE $GE N'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP/OP AGG $ $ PRO-POLICY LOCJECT COMBINED SINGLE LIMIT $(Ea accident) BODILY INJURY (Per person)$ANY AUTO OW NED SCHEDULED BODILY INJURY (Per accident)$AUTOS ONLY AUTOS HIRED NON-OW NED PROPERTY DAMAGE $AUTOS ONLY (Per accident) $ OCCUR EACH OCCURRENCE $ CLAIMS-MADE AGGREGATE $ DED RETENTION $$ PER OTH-STATUTE ER E.L. EACH ACCIDENT $ E.L. DISEASE - EA EMPLOYE $ If yes, describe under E.L. DISEASE - POLICY LIMIT $DE SCRIPTION OF OPERATIONS below INSURER(S) AFFORDING COVERAGE NAIC # Y / N N / A (Mandatory in NH) SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. THIS IS T O CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOT WITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT W IT H RESPECT TO W HICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOW N MAY HAVE BEEN REDUCED BY PAID CLAIMS. THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENT AT IV E OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). COVERAGES CERTIFICATE NUMBER:REVISION NUMBER: CERTIFICATE HOLDER CANCELLATION © 1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORDACORD 25 (2016/03) QF CERTIFICATE OF LIABILITY INSURANCE 06/20/2022 Abby@greatfloridapinecrest.com 8650 NW 111 Ct Doral FL 33178 OTHER AUTOS ONLY Windstorm Water Damage $780,564 $100,000 $150,000 07/12/2022 232 FAX (A/C, No):Matt Crum INSURER A: LIMITS FrankCrum Insurance Agency, Inc.100 South Missouri Avenue Clearwater, FL 33756 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy (ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). Effective 05/02/2022, coverage is for 100% of the employees of FrankCrum leased to M & J Consulting Group, Corp (Client) for whom the client is reportinghours to FrankCrum. Coverage is not extended to statutory employees. M & J Consulting Group, CorpM & J Consulting Group, Corp $1,000,000 AGGREGATE Frank Winston Crum Insurance Company THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. REVISION NUMBER: 06/20/2022 INSURER(S) AFFORDING COVERAGE COVERAGES EACH OCCURRENCEDAMAGE TO RENTED MED EXP (Any one person) PERSONAL & ADV INJURY GENERAL AGGREGATE PRODUCTS-COMP/OP AGG COMBINED SINGLE LIMIT BODILY INJURY (Per person) BODILY INJURY (Per accident) PROPERTY DAMAGE EACH OCURRENCE E.L. EACH ACCIDENT E.L. DISEASE-EA EMPLOYEE E.L. DISEASE-POLICY LIMIT CERTIFICATE HOLDER CANCELLATION ACORD 25 (2016/03)© 1988-2016 ACORD CORPORATION. All rights reserved. PREMISES (Ea occurrence) ADDLINSRD POLICY NUMBER POLICY EFF(MM/DD/YYYY) PER STATUTE OTH-ER GEN'L AGGREGATE LIMIT APPLIES PER: AUTOMOBILE LIABILITY ANY AUTO OWNED AUTOSONLY SCHEDULEDAUTOS HIRED AUTOSONLY NON-OWNEDAUTOS ONLY UMBRELLA LIAB EXCESS LIABDED CLAIMS-MADE RETENTION $ WORKERS COMPENSATION AND ANY PROPRIETOR/PARTNER/EXECUTIVE If yes, describe under OFFICER/MEMBER EXCLUDED? DESCRIPTION OF OPERATIONS below $ $ $ $ $$ $ $ $ $ $ $$ POLICY EXP(MM/DD/YYYY) COMMERCIAL GENERAL LIABILITY CLAIMS-MADE OCCUR POLICY PROJECT LOC NAIC# INSURED WC202200000 01/01/2022 01/01/2023 $1,000,000 INSRLTR TYPE OF INSURANCE DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) CONTACT NAME: INSURER F:CERTIFICATE NUMBER: DATE (MM/DD/YYYY) SUBRWVD $ $ Y/N The ACORD name and logo are registered marks of ACORD X OCCUR (Mandatory in NH) A N/A SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THEEXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THEPOLICY PROVISIONS. E0963 06/20/2022 Issued City of South Miami 909224 City of South Miami6130 Sunset DriveSouth Miami, FL 33143 PRODUCER (Ea accident) (Per accident) $1,000,000 CERTIFICATE OF LIABILITY INSURANCE INSURER E: INSURER D: INSURER C: 11600 INSURER B: PHONE (A/C, No, Ext):(800) 277-1620 X 4800 (727) 797-0704 E-MAIL ADDRESS: FrankCrum L/C/F M & J Consulting Group, Corp 100 South Missouri AvenueClearwater, FL 33756 EMPLOYERS' LIABILITY AUTHORIZED REPRESENTATIVE OTHER: 233 EXHIBIT 4 CONSTRUCTION CONTRACT NEW PARK IMPROVEMENTS AT ROBERT C. WELSH JR. PARK RFP #PR2022-10 THIS CONTRACT was made and entered into on this _________ day of _________________, 20____, by and between _________________________________________________ (hereafter referred to as and the City of South Miami ( through its City Manager (hereafter . Contractor, for the consideration set forth herein, hereby agrees with Owner as follows: 1. 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 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: ______________________________________________________________Dollars ($_________________. __) (Spell Dollar Amount above) 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 150 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 $2.300.00 dollars per day, 9. It is further 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 73 of 103 234 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. 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. 12.All provisions, conditions and restrictions contained in the bid document entitled Instructions to Respondents are made a part of this agreement by reference. Any conflict between that document and this contract or the exhibits to this contract are to be resolved by the City Manager in the managers sole and absolute discretion. IN WITNESS WHEREOF, the parties hereto have executed this Contract on the day and date set forth next to their name below and may be signed in one or more counterparts, each of which will, without proof or accounting for the other counterpart, be deemed an original Contract. CONTRACTOR: _______________________________ Signature: ________________________________ Title of Signatory: ________________________________ ATTESTED: OWNER: CITY OF SOUTH MIAMI Signature: _______________________ Signature: ______________________ Nkenga A. Payne Shari Kamali City Clerk City Manager Read and Approved as to Form, Language, Legality, and Execution Thereof: Signature: ________________________ City Attorney 74 of 103 M&J CONSULTING GROUP CORP CESAR DE LUNA VP-CGC 235 EXHIBIT 5 CONSTRUCTION CONTRACT GENERAL CONDITIONS NEW PARK IMPROVEMENTS AT ROBERT C. WELSH JR. PARK RFP #PR2022-10 ARTICLE 1 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 refer 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: Addenda: 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. Application for Payment: A form approved by the 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. Bidder: Any person, firm or corporation submitting a response to OWNER 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. City: The City Manager for the City of South Miami, 6130 Sunset Drive, South Miami, FL 33143, designee, unless the context wherein the word is used should more appropriately mean the City of South Miami. City Manager: Construction 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 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 Time: 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 Day: 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. 75 of 103 236 Days: The number of twenty- 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 CONSULTANT 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. Drawings: 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 CONSULTA 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 fulfilled 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. Policy: s the insurance binder, if it is issued, the declaration page of the policy and the body of the policy, including all endorsements. RFP: 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. Samples: 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. Subcontractor: 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: 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 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 false, misleading, or inaccurate information, from any source, or when it would 76 of 103 237 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 Supplier: 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. Surety: 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: s 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. Forfeiture of Bid Security/Performance and Payment Bond if any are required by the applicable RFP: 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 (100%) 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(1), 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. 77 of 103 238 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. -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 Contract Time: 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 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 78 of 103 239 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, INTERPRETATION, 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 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 ords with similar meaning will 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 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 79 of 103 240 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 (j) Drawings and Specifications are to be considered complementary to each other ARTICLE 4 AVAILABILITY OF LANDS SUBSURFACE CONDITIONS REFERENCE POINTS Availability of Lands: 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 80 of 103 241 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 5 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 qualif 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 - 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. 6.4 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 81 of 103 242 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. 6.6.5 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 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. 82 of 103 243 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 responsible for the coordination of the trades, subcontractors, material, and men engaged upon their Work. 6.12.1 CONTRACTOR must insert 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 CONTRACTOR. Patent Fees and Royalties: 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 attorney's 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 Lighting: 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. 83 of 103 244 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. Safety and Protection: 6.19 CONTRACTOR is 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 entitles 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 11 and 12. 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 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 84 of 103 245 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 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 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. Sanitary 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 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. 85 of 103 246 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 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. Responsibility for Connection 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 Departments, Public Utilities, Etc.: 6.37 CONTRACTOR is responsible for making all necessary arrangements with governmental departments, lways, 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 may 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. 86 of 103 247 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. ARTICLE 7 - WORK BY OTHERS. 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 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 11 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 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 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 87 of 103 248 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 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 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 entative: 9.1 CONSULTANT will be OWNER The duties and responsibilities and the limitations of authority of CONSULTANT as OWNER construction are set forth in Articles 1 through 16 of these General Conditions and will not be extended without written consent of the City Manager and CONSULTANT. 9.1.1 CONSULTANT 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. Clarifications 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 11 and 12. Measurement of Quantities: 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 1. 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 88 of 103 249 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 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 11 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 CONSULTANT 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 11 CHANGE OF CONTRACT PRICE. 89 of 103 250 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: 11.2.1 Specifications (including drawings and designs); 11.2.2 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 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. 11.8.2 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 90 of 103 251 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 will 11.8.4 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. 11.8.8 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 11.5. 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. 11.9.4 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. 11.9.6 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. 11.10.2 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. 91 of 103 252 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 (5) business days of the occurrence of the event giving rise to the claim and stating the general nature of the claim including 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 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 21st 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 92 of 103 253 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 for the follow- 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. 13.6 delivered to OWNER for all equipment being proposed and, if required by the warranty, such equipment must be installed by an authorized installer the respondent/contractor, Respondent/Contractor must assign it to the City. 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 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 93 of 103 254 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 five (5%) 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 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 will constitute a representation by him to OWNER, based on CONSULTANT 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 1, 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 94 of 103 255 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 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 corrected 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 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 into 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 -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, 95 of 103 256 final, or otherwise, will 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- 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. 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 11 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. 96 of 103 257 15.4 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. 15.4A 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 ity 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 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 MISCELLANEOUS. 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. 97 of 103 258 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. ARTICLE 18 - ATTORNEYS FEES JURISDICTION / VENUE / 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 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 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 305-663-6340; E-mail: npayne@southmiamifl.gov; 6130 Sunset Drive, 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. ARTICLE 20 SEVERABILITY. 98 of 103 259 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 consent to the assignment of CONTRACTOR ity Manager may, in 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 requirements to the City Manager Documents that were required to be executed by CONTRACTOR. ARTICLE 23 FORCE MAJEURE. 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. ARTICLE 24- E-VERIFY(448.095(2) 24.1 As a condition precedent to entering into this Agreement, and in compliance with Section 448.095, Fla. Stat., Contractor, and its subcontractors must register with and use the E-Verify system to verify work authorization status of all employees hired after January 1, 2021. 24.1.1 Contractor must require each of its subcontractors to provide Contractor with an affidavit stating that the subcontractor does not employ, contract with, or subcontract with an unauthorized alien. Contractor must maintain a copy of the subcontractor's affidavit as part of and pursuant to the records retention requirements of this Agreement. 24.1.2 The City, Contractor, or any subcontractor who has a good faith belief that a person or entity with which it is contracting has knowingly violated Section 448.09(1), Fla. Stat. or the provisions of this section must terminate the contract with the person or entity. 24.1.3 The City, upon good faith belief that a subcontractor knowingly violated the provisions of this section, but that the Contractor otherwise complied, must promptly notify Contractor and Contractor must immediately terminate the contract with the subcontractor. 24.1.4 A contract terminated under the provisions of this Section is not a breach of contract and may not be considered such. 24.1.5 Any contract termination under the provisions of this Section may be challenged no later than 20 calendar days after the date on which this Agreement is terminated pursuant to paragraph b. or c. above. 24.1.6 Contractor acknowledges that upon termination of this Agreement by the City for a violation of this Section by Contractor, Contractor may not be awarded a public contract for at least one (1) year. Contractor further acknowledges that Contractor is liable for any additional costs incurred by the City as a result of termination of any contract for a violation of this Section. 99 of 103 Type text here 260 24.1.7 Subcontracts. Contractor or subcontractor must insert in any subcontracts the clauses set forth in this Section, including this Subsection, requiring the subcontractors to include these clauses in any lower tier subcontracts. Contractor is responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set forth in this Section and Contractor's failure to enforce compliance is a substantial and material breach of this Agreement. ARTICLE 25 ANTI DISCRINIMATION 25.1 Contractor and all of its employees, subcontractors and subconsultants, while performing work for the City, including the hiring and retention of employees for the performance of Work, are prohibited from discriminating against anyone on the basis of race, color, religious family status, sex (including sexual orientation, gender identity and intersexuality), height, weight, domestic partnership status, labor organization membership, political affiliation, national origin, age, disability or any other classification that is federally defined as a necessary to prevent such discrimination by all of its employees, subcontractors and subconsultants who are performing work for the City and must ensure nondiscrimination in all programs, services and activities that are part of the Scope of Services. A violation of this paragraph is a substantial, material breach of this Contract. 25.2 Contractor must include in all of its subcontracts the following clause: Subcontractors and all of their employees, subcontractors and subconsultants, while performing work for the City, including the hiring and retention of employees for the performance of Work, are prohibited from discriminating against anyone on the basis of race, color, religious family status, sex (including sexual orientation, gender identity and intersexuality), height, weight, domestic partnership status, labor organization membership, political affiliation, national origin, age, disability or any other classification that is federally defined as a . Subcontractors must take all steps necessary to prevent such discrimination by all of their employees, subcontractors and subconsultants who are performing work for the City and must ensure nondiscrimination in all programs, services and activities that are part of the Scope of Services. A violation of this paragraph is a substantial, material breach of this Subcontract. IN WITNESS WHEREOF, the parties hereto have executed the General Conditions to acknowledge their inclusion as part of the Contract Documents on this ____ day of ________________, 20___, CONTRACTOR: ___________________________ Signature: ___________________________ Print Sign e: ______________________ Title of Signatory: ___________________________ ATTESTED: OWNER: CITY OF SOUTH MIAMI Signature: _______________________ Signature: ________________________________ Nkenga A. Payne Shari Kamali City Clerk City Manager Read and Approved as to Form, Language, Legality, and Execution Thereof: Signature: ________________________ City Attorney END OF SECTION 100 of 103 M&J CONSULTING GROUP CORP CESAR DE LUNA VP-CGC 261 EXHIBIT 6 Supplementary Conditions CONSTRUCTION CONTRACT NEW PARK IMPROVEMENTS AT ROBERT C. WELSH JR. PARK RFP #PR2022-XX 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 designated representative as identified in the Supplementary Conditions. CONSULTANT Consultant: NONE B. Termination or Substitution of Consultant: Nothing herein will prevent the City Manager from terminating the services of CONSULTANT CONSULTANT. C. Plans for Construction: 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 1, Attachments A, B, C & D to the RFP 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 to the RFP and if there is a conflict the attached Exhibit will take precedence. F. The Work must be completed in __150 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 the Supplementary Conditions to acknowledge their inclusion as part of the Contract on this ____ day of ________________, 20___. CONTRACTOR: ______________________________ Signature: ______________________________ Pr Title of Signatory: ______________________________ ATTESTED: OWNER: CITY OF SOUTH MIAMI Signature: _______________________ Signature: __________________________ Nkenga A. Payne Shari Kamali City Clerk City Manager Read and Approved as to Form, Language, Legality, and Execution Thereof: Signature: ________________________ City Attorney 101 of 103 M&J CONSULTING GROUP CORP CESAR DE LUNAVP-CGC 262 ACKNOWLEDGEMENT OF CONFORMANCE WITH OSHA STANDARDS NEW PARK IMPROVEMENTS AT ROBERT C. WELSH JR. PARK . RFP #PR2022-10 TO THE CITY OF SOUTH MIAMI We, _____________________________, (Name of RESPONDENT), hereby acknowledge and agree that as CONTRACTOR for the NEW PARK IMPROVEMENTS AT ROBERT C. WELSH JR. PARK . RFP #PR2022-10 as specified have the sole responsibility for compliance with all the requirements of the Federal Occupational Safety and Health Act of 1970, and all State and local safety and health regulations, and agree to indemnify and hold harmless the City of South Miami and Consulting Engineer, if any. against any and all liability, claims, damages, losses and expenses they may incur due to the failure of Whenever two or more responses to a solicitation which are equal with respect to price, quality and service are received by the State or by any political subdivisions for the procurement of commodities or contractual services, a response to the solicitation received from a business that certifies that it has implemented a drug-free workplace program will be given preference in the award process. Established procedures for processing tie responses to solicitations will be followed if none of the tied vendors have a drug-free workplace program. In order to have a drug-free workplace program, a business must: 1) Publish a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the workplace and specifying the actions that will be taken against employees for violations of such prohibition. 2) Inform employees about the dangers of drug abuse in the workplace, the policy of maintaining a drug-free workplace, any available drug counseling, rehabilitation, and employee assistance programs, and the penalties that may be imposed upon employees for drug abuse violations. 3) Give each employee engaged in providing the commodities or contractual services that are under E-bid a copy of the statement specified in Section (1). 4) In the statement specified in Section (1), notify the employees, that, as a condition to their working for the employer with regard to the matters that are the subject of the response to the solicitation including those involving the procurement of commodities or contractual services that are under E-bid, the employee must abide by the terms of the statement and must notify the employer of any conviction of, or plea of guilty or nolo contendere to, any violation of Chapter 893 or of any controlled substance law of the United States or any state, for a violation occurring in the workplace no later than five (5) days after such conviction. 5) Impose a sanction on or require the satisfactory participation in a drug abuse assistance or so convicted. 6) Make a good faith effort to continue to maintain a drug-free workplace through implementation of this section. As the person authorized to sign this statement, and under penalties of perjury, I declare that I have read the foregoing statement and that the facts stated in it are true and that this firm and its subcontractors, if any, who are listed below, are in full compliance with the above requirements: CONTRACTOR _____________________________________ ________________________________ Witness BY: __________________________________ Name __________________________________ Title 26 of 103 M&J CONSULTING GROUP CORP CESAR DE LUNA VP, CGC M&J CONSULTING GROUP CORP Daniela Maniera 263 EXHIBIT 2 NEW PARK IMPROVEMENTS AT ROBERT C. WELSH JR. PARK RFP #PR2022-10 Insurance & Indemnification Requirements Insurance A. Without limiting its liability, the contractor, consultant or consulting firm (hereinafter referred 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/sub-consultant, 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 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 Sub-contractor/sub-consultant 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. . 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: 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 Sub-contractor/sub-consultants maintain appropriate levels of Worker's Compensation Insurance. Commercial Comprehensive General Liability 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: 66 of 103 264 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: Premises and Operation Independent Contractors Products and/or Completed Operations Hazard Explosion, Collapse and Underground Hazard Coverage Broad Form Property Damage Broad Form Contractual Coverage applicable to this specific Contract, including any hold harmless and/or indemnification agreement. Personal Injury Coverage with Employee and Contractual Exclusions removed, with minimum limits of coverage equal to those required for Bodily Injury Liability and Property Damage Liability. Business 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: Owned Vehicles. Hired and Non-Owned Vehicles 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 Sub-contractor/sub-consultant for the word FIRM where 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 Sub- contractor/sub-consultants 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. 67 of 103 265 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 without obligation for premium payment of the CITY as well as contractual liability provision covering FIRM s 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 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 defined in Article 1 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: must pay all sums that bodily City all of the coverage that is typically provided under the standard Florida approved (2) a policy provision or an endorsement with substantially similar provisions as follows: 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 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 68 of 103 266 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 atto 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/sub-contractor/sub-consultant 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, equity brought against them and arising from the negligent error, omission, or act of FIRM, its Sub- contractor/sub-consultant 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/sub-contractor/sub-consultant 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/sub-contractor/sub-consultant 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 apply. 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, ssness, or intentionally wrongful conduct of the design professional and other persons employed or utilized by the design professional in the performance of the contract. END OF SECTION 69 of 103 267 EXHIBIT 3 NEW PARK IMPROVEMENTS AT ROBERT C. WELSH JR. PARK RFP #PR2022-10 RESPONDENTS BID FORM THIS PROPOSAL IS SUBMITTED TO: Shari Kamali City Manager City of South Miami 6130 Sunset Drive South Miami, FL 33143 1. If this Proposal is accepted, the undersigned Respondent agrees to enter into a Contract with the City of South Miami in the form included in this Solicitation Package and to perform and furnish all work as specified or indicated in this Solicitation, including as set forth in Exhibit 1 (Scope of Services, Attachment A, B, C & D) for the Proposed Price as set forth below, within the Contract Time and in accordance with the other terms and conditions of the Solicitation Package. 2. Respondent accepts all of the terms and conditions of the Solicitation and Instructions to Respondents, including without limitation those dealing with the disposition of Proposal/Bid Bond, if required. This Proposal will remain subject to acceptance for 180 calendar days after the day of the Proposal Opening. The Respondent, by signing and submitting this proposal, agrees to all of the terms and conditions of the form of contract that is a part of the Solicitation package with appropriate changes to conform to the information contained in this Bid Form. Respondent agrees to sign and submit the Bonds, if required by this Solicitation, required insurance documents, and other documents required by the Solicitation, including the Contract if not already submitted, within ten (10) calendar days after the date of the City s Notice of Award. 3. In submitting this Proposal, Respondent represents that: a. Respondent has examined copies of all the Solicitation Documents and of the following Addenda, if any (receipt of all which is hereby acknowledged.) Addendum No. Dated: b. Respondent has familiarized himself with the nature and extent of the Contract Documents, the proposed work, site, locality, and all local conditions and laws and regulations that in any manner may affect cost, progress, performance or furnishing of the Work. c. Subsurface conditions: If applicable to this Solicitation, the Respondent represents that: i. Respondent has carefully studied all reports and drawings, if applicable, of subsurface conditions and drawings of physical conditions. ii. Respondent has obtained and carefully studied (or assumes responsibility for obtaining and carefully studying) all such examinations, investigations, explorations, tests and studies in addition to or to supplement those referred to in this paragraph which pertain to the subsurface or physical conditions at the site or otherwise may affect the cost, progress, performance, or the furnishing of the Work at the Contract Price, within the Contract Time and in accordance with the other terms and conditions of the Contract Documents. The Respondent hereby acknowledges that no additional examinations, investigations, explorations, tests, reports or similar information or data are, or will, be required by Respondent for any reason in connection with the Proposal. The failure of the Respondent to request a pre-bid marking of the construction site by any or all utility companies will create an irrefutable underground conditions and Respondent, if awarded the contract, will not be entitled to a change order for any such condition discovered thereafter. iii. Respondent has correlated the results of all such observations, examinations, investigations, explorations, tests, reports and studies with the terms and conditions of the Contract Documents. iv. Respondent has reviewed and checked all information and data shown or indicated in the Solicitation Package or in the Contract Documents with respect to existing Underground Facilities or conditions 70 of 103 5/6/20221 & 2 & 05/31/2022 268 at or contiguous to the site and assumes responsibility for the accurate location of all Underground Facilities and conditions that may affect the Work. 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 Respondent in order 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 unless the Proposal specifically states that the contract price is subject to adjustment for future discovery of underground facilities and/or conditions that affect the cost of the Work and unless the respondent makes a written request to the City for additional information prior to submitting the bid or proposal as required in subsection ii above, d. Respondent has given the City 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, the Respondent represents, by submitting its proposal to the City, that the Respondent has received sufficient notice of the resolution thereof from the City, that such resolution is acceptable to Respondent and that the Respondent waives any claim regarding the conflicts, errors or discrepancies. e. This Proposal is genuine and not made in the interest of or on behalf of any undisclosed person, firm or corporation and is not submitted pursuant to any agreement or rules of any group, association, organization, or corporation; Respondent has not directly or indirectly induced or solicited any other Respondent to submit a false or sham Proposal; Respondent has not solicited or induced any person, firm or corporation to refrain from responding; and Respondent has not sought by collusion or otherwise to obtain for itself any advantage over any other Respondent or over the CITY. 4. Respondent understands and agrees that the Contract Price is the amount that it needs to furnish and install all the Work complete and in place. The Schedule of Values, if required, is provided for the purpose of Proposal Evaluation and when initiated by the CITY, it will form the basis for calculating the pricing of change orders. The Contract Price may not be adjusted in any way to result in a deviation from the Schedule of Values, except to the extent that the CITY changes the Scope of the Work after the Contract Date. As such, the Respondent must furnish all labor, materials, equipment, tools, superintendence, and services necessary to provide a complete, in place, Project for the Proposal Price. If this Solicitation requires the completion of a Respondent Cost and Technical Proposal, as may be set forth in an exhibit to this Solicitation, such proposal must be attached to this Bid Form and will take the place of the Lump Sum Price, otherwise, the Contract Price for the completed work is as follows: LUMP SUM BASE PRICE: ______________________ dollars and ________________cents Alternates: #1__________________ #2______________________________ A fee breakdown for each task included in the lump sum contract price, if applicable, must be provided. Failure to provide this information will render the proposal non-responsive. 5. The ENTIRE WORK for project in accordance with Exhibit 1, Scope of Services, Attachment A, B, C, & D shall be completed, in full, within 150 calendar days from the Commencement Date set forth in the NOTICE TO PROCEED. Failure to complete the entire work during the described time will result in the assessment of liquidated damages as may be set forth in the Contract. 6. Insert the following information for future communication with you concerning this Proposal: RESPONDENT: Address: Telephone: Facsimile: Contact Person 7. The terms used in this Proposal which are defined in the Contract have the same meaning as is assigned to them in the Contract Documents, unless specifically defined in this Solicitation Package. 8. If a is required by the Solicitation, Respondent hereby certifies under penalties of perjury that all of the facts and responses to the questions posed in the Cost & Technical 71 of 103 417,760 18 M&J CONSULTING GROUP CORP 300 PALERMO AVENUE, 2ND FLOOR, CORAL GABLES FL 33134 786-319-7635 CESAR DE LUNA 269 Proposal, if such an exhibit is made a part of the Solicitation, are true and correct and are hereby adopted as part of this Respondents Bid Form, and are made a part of this proposal, by reference. 9. This proposal is submitted by ________________________ whose address is ________________ ___________________, whose telephone number is ______________, whose fax number is ____ _____________, whose email address is __________________________ and whose authorized representative signing this Bid Form is ____________________________ whose title is _________. 10. By submitting this proposal, I, for myself and on behalf of the business that I represent, hereby agree to the terms of the form of contract contained in the Solicitation package and agree to be bound by those terms, with any appropriate blank boxes, if any, checked and any blank lines filled in with the appropriate information contained in the Solicitation Documents and this Proposal, or such information that the City and I have agreed upon in the course of contract negotiations and that has been confirmed by the City in writing, including e-mail confirmation, if any. I hereby certify under penalties of perjury that I am the lawful representative of the business entity referenced in this Bid Form, that I have authority to bid for that entity, that I have authority to sign contracts for that entity and bind it to those contract terms and that all of the information and representations contained herein are true and correct. Signature: ______________________________ Date of Execution: _______________________ ___________________________ END OF SECTION 72 of 103 M&J CONSULTING GROUP CORP 300 PALERMO AVENUE, 2ND FLOOR, CORAL GABLES FL 33134 786-319-7635 cesar@mjgeneralcontractors.com CESAR DE LUNA VP-CGC 6/7/2022 CESAR DE LUNA 270 PRESENTATION TEAM DECLARATION/AFFIDAVIT OF REPRESENTATION NEW PARK IMPROVEMENTS AT ROBERT C. WELSH JR. PARK . RFP #PR2022-10 the need to register members of your presentation team as lobbyists. Pursuant to City Ordinance 28-14- 2206 (c)(9), any person who appears as a representative for an individual or firm for an oral presentation before a City certification, evaluation, selection, technical review, or similar committee, must list on an affidavit provided by the City staff, all individuals who may make a presentation. The affidavit must be filed by staff with the Clerk's office at the time the committee's proposal is submitted to the City Manager. For the purpose of this subsection only, the listed members of the presentation team, with the exception of any person otherwise required to register as a lobbyist, must not be required to pay any registration fees. No person may appear before any committee on behalf of an anyone unless he or she has been listed as part of the firm's presentation team pursuant to this paragraph or unless he or she is registered with the City Clerk's office as a lobbyist and has paid all applicable lobbyist registration fees. Pursuant to '92.525(2), Florida Statutes, the undersigned, ________________, makes the following declaration under penalties of perjury: Listed below are all individuals who may make a presentation on behalf of the entity that the affiant represents. Please note; No person may appear before any committee on behalf of anyone unless he or she has been listed as part of the firm's presentation team pursuant to this paragraph or unless he or she is registered with the Clerk's office as a lobbyist and has paid all applicable lobbyist registration fees. NAME TITLE For the purpose of this Affidavit of Representation only, the listed members of the presentation team, with the exception of any person otherwise required to register as a lobbyist, will not be required to pay any registration fees. The Affidavit of Representation must be filed with the City Clerk's office at the time the committee's proposal is submitted to the City as part of the procurement process. Under penalties of perjury, I declare that I have read the foregoing declaration and that the facts stated in it are true and specifically that the persons listed above are the members of the presentation team of the entity listed below. Executed this ______ day of ___________________, 20 ___. ___________________________ Signature of Representative ___________________________ ______________________________ Print Name and Title Print name of entity being represented. END OF SECTION 35 of 103 CESAR DE LUNA MARTA DE LUNA PRESIDENT CESAR DE LUNA VP, CGC 6 June 22 CESAR DE LUNA, VP-CGC M&J CONSULTING GROUP CORP 271 272 -. M IAM I-DADE STATE OF FLORID A COU NTY OF MIAM I-DA DE: Before the undersigned authority personally appeared GUILLERMO GARCIA, who on oath says th at he or she is the DI REC TOR OF OPERATIONS , Le ga l Notices of the Miami Da ily Business Review Ilk/a Miami Rev iew , a dai ly (excep t Saturday , Sunday and Lega l Ho li days) newspaper , published at Miami in Miami-Dade County, Florida; that th e attached copy of advertisement , be ing a Legal Advertisement 'i!f, ~1<31,'l"..Ri l~ the matter of CITY OF SOUTH MIAM I -RFP #PR 2022 -10 in the XXXX Court, was published in said newspaper by pri nt in the issues of and/o r by publication on th e newspape r's websi te , if authorized , on 05 /06 /2022 Affiant further says that th e newspaper complies with all legal requ irements for publication in chapter 50 , Flo rid a Statutes . Sw 6d0A~ (SEAL) GU ILLERMO GARCIA persona lly k.nown to me _ .• •~~--CHRISTINA LYNN RAV1X ;f·~ \ 1 Conwn1sak1n I GG 2Tl771 {;:_~fl Expull Novenil« 19, 2022 --~~.r,;?,t·· BondBcll!wTIVI' Ftm IRUWIC8~7019 CITY OF SOUTH MIAMI NEW PARK IMPROVEMENTS AT ROBERT C. WELSH JR. PARK. AFP #PA2022-10 SUBMiTTAL DUE DATE: JUNE 7, 2022 AT 10AM The City is hereby requesting sealed proposals in response to this RFP #PR2022-10, NEW PARK IMPROVEMENTS AT ROBERT C. WELSH JR. PARK. The purpose of th is Solicitation is to contract for the services necessary for the completion of the project i n accordance with the Scope of Services, (EXHIBIT 1, Attachments A, B C & DJ and the plans and/or specifications, if any, described in this Solicitation (hereinafter referred to as "the Project" or "Project"). Interested persons who wish to respond to this Solicitation can obtain the complete Solicitation package by accessing the following webpage: http://www.southmiamlfl.gov/ wh ich is the City of South Miam i's we b address for so licitation information. The City will only receive submittals electronically through the DemandStar Electronic Bid System (E-Biddingj. To register as a business, go to '1!!Q§;ll etwork .demandstar.com/ Proposals must be received electronically through DemandStar, no late, than 10:00 A.M. local time (the "Closing Date") on June 7, 2022 and any Proposal received by the City through DemandS!ar after 10:00 am. local time Oil' said date will not be accepted under any circumstances. Hand deliveiy will not be accepted. E-B1O OPENING VIA VIDEO CONFERENCING: 0The opening of E-B ids for this solicitation will occur at 10:30 A.M. local time on (the Closing Date, June 7, 2022. The City Clerk will co nduct the E-Bid Opening through video conferencing using the Zoom platform. Members of the public may view the meeting via Zoom at !J!!P.s://M)om. l!§fi/~056636339 ,or listen to the meeting on a dedicated phone line by dialing +1-786-635-1003 Meeting ID : 3056636339. 5/6 Nkenga A. Payne , CMC, FCRM City Clerk, City of South Miami 22-124/0000595911 M 273 ,. ·1 ! i 1 TO: CITY PROJECT: FIRM: DATE: REFERENCE CHECK City of Coral Gables – Maggiore Park Construction Provide professional construction services for park improvements at Robert. C. Welsh Jr. Park, including but not limited to a pre-fabricated shade structure, playground structures, basketball court, concrete sidewalk, park furnishing, landscape and planting, irrigation install, and more. M&J Consulting Group Corp. 06 / 23 / 2022 1.Please describe the work scope or project details performed by M&J Consulting Group Corp. for your agency? Please rate questions 2 through 5 from one (1) lowest to three (3) being the highest: 2.How satisfied are/were you with M&J Consulting Group Corp. personnel qualifications, experience, and professionalism in completing the contract requirements? (Circle One) 1 2 3 3.Has/Did M&J Consulting Group Corp. keep you updated and informed about the progression of the work, particularly when special needs or problems arose? (Circle One) 1 2 3 4.Please rate M&J Consulting Group Corp. service and quality of work performed. (Circle One) 1 2 3 5.Please rate M&J Consulting Group Corp. communication with your firm. (Circle One) 1 2 3 Upgrade of a vacant open lot, including but not limited interior walkway, perimeter fence, playground surfacing and equipment, picnic table and benches, light poles, landscaping and irrigation. 274 2 6.Were there any Contractor initiated change orders associated with your project? Yes / No 7.If you had a similar opportunity to undertake in the future, would you consider M&J Consulting Group Corp. to perform the work again based on performance? Yes / No 8.Is there anything we should know while evaluating M&J Consulting Group Corp. for providing professional construction services with the City of South Miami? Yes / No Date: 06 / 23 / 2022 Phone Number : _305.460.5151_ Name: Jorge Hernandez Title: Project Manager Email: jhernandez2@coralgables.com Signature: ____________________________ Once completed, please return this form directly to Steven Kulick, Chief Procurement Officer via email at SKulick@southmiamifl.gov. Contractor's team worked together to meet City expectations by offering feedback, sharing ideas for the improvement of the tasks, and proved to be a reliable Contractor by completing tasks within the agreed time frames and budget. 275