2019-30764 Resolution RESOLUTION NO. 2019-30764
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, APPROVING AND AUTHORIZING THE MAYOR AND
CITY CLERK TO EXECUTE AMENDMENT NO. 4 TO THE PROFESSIONAL
SERVICES AGREEMENT BETWEEN THE CITY OF MIAMI BEACH, FLORIDA AND
SAVINO MILLER DESIGN STUDIO, P.A., FOR ADDITIONAL SERVICES
ASSOCIATED WITH THE RESILIENT AND SUSTAINABLE ELEMENTS FOR THE
FUTURE COMMUNITY PARK (FORMER PAR 3) PROJECT, IN AN AMOUNT NOT-
TO-EXCEED $50,100, WITH PREVIOUSLY APPROPRIATED FUNDING.
WHEREAS, on December 9, 2015, the Mayor and City Commission adopted Resolution
No. 2015-29234, authorizing the administration to enter into negotiations and further authorizing
the Mayor and City Clerk to execute a Professional Services Agreement with the firm of Savino
Miller Design Studio, P.A., (Consultant), to provide professional services for the planning, design,
bid, award and construction administration of the Future Community Park (former Par 3) (the
"Project"); and
WHEREAS, on May 19, 2016, a Professional Services Agreement (the "Agreement") was
executed in the amount of$933,465; and
WHEREAS,the Project was previously a golf course and is being developed as a passive
community park. The project scope include a central lake; open meadows and informal open play
field areas; site grading; pavilion; tennis courts with restroom facilities; children's playground; dog
park; boardwalk and pathways; security lighting; vita course and fitness cluster; butterfly garden;
linear water feature and parking lot; and
WHEREAS, the Project design documents are currently being revised to the 60% design
development stage, and has been presented to the community and Park Advisory Board, and has
received approval from the Design Review Board (DRB) ; and
WHEREAS, on September 5, 2017 the conceptual drawings and renderings for the project
were presented at the Design Review Board (DRB) hearing, and the DRB recommended the
approval of the Project with certain conditions, and approved a Certificate of Appropriateness;
and
WHEREAS, on January 26, 2018, the City approved Amendment No.1 to the Agreement,
in the amount of$32,295, for design services, to incorporate the reduction and reconfiguration of
the lake; removal of the parking lot from the west side of the property and increase the parking
along Pinetree Drive; and reconfigure the walkway and jogging path; and
WHEREAS, on February 23, 2018, the Finance and Citywide Projects Committee
(FCWPC) approved the conceptual design and directed staff to continue with the development
and permitting of the project and requested staff to prepare a list of project elements that could
be implemented within the current available budget and to explore Brownfield grants for the
remediation efforts; and
WHEREAS, on March 7, 2018,the Mayor and City Commission adopted Resolution 2018-
30222, accepting the recommendation of the FCWPC, to continue with the current design of the
park; and
WHEREAS, on May 16, 2018, the Mayor and City Commission adopted Resolution 2018-
30291 approving Amendment No. 2 to the Agreement, in the amount of $35,698, for additional
Architectural and Engineering Design Services associated with the site changes due to Hurricane
Irma debris removal operation; and
WHEREAS, on September 12, 2018, the Mayor and City Commission adopted Resolution
2018-30492, approving Amendment No. 3 to the Agreement, in the amount of $126,781, for
additional Architectural and Engineering Design Services associated with incorporation of resilient
and sustainable strategies; and
WHEREAS, resilient and sustainable strategies are being implemented in the revised
60% design documents, while the other unaffected elements such as the playground, tennis
courts and the parking lot are progressing to 90% design development; and
WHEREAS, due to the previous use of the park as a golf course and the associated
contamination, additional studies for treatment of the water within the lake and groundwater
transient flow modeling, have been requested by the Miami Dade County Regulatory and
Economic Resources (RER) ; and
WHEREAS, the Consultant has prepared a cost proposal for the additional scope in the
proposed Amendment No. 4, in the amount of$30,100 for the additional services, plus $20,000
for a reimbursable account increase, for future tasks associated with project design and
permitting, for a total amount of$50,100; and
WHEREAS, prior to expenditure of the reimbursable accounts, the Contract Administrator
must approve the scope of work and cost; and
WHEREAS, the Administration has reviewed the proposal and has found it to be fair and
reasonable; and
WHEREAS,Amendment No. 4 to the Agreement, in the not-to-exceed amount of$50,100
will revise the total contract amount, to a not-to-exceed total of$1,178,339; and
WHEREAS, the funding for implementation of the above resiliency and sustainability
strategies has been included as part of the Par 3/Community Park Project in the 2018 General
Obligation Bond program.
NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA that the Mayor and City Commission
approve and authorize the Mayor and City Clerk to execute Amendment No. 4 to the Professional
Services Agreement between the City of Miami Beach, Florida and Savino Miller Design Studio,
P.A., for additional services associated with the resilient and sustainable elements for the Future
Community Park (former Par 3) Project, in an amount not-to-exceed $50,100, with previously
appropriated funding.
PASSED and ADOPTED this /0 day of apri / , 2019.
,P. Z"---
Dan Gelber, Mayor
ATTEST:
anai 40411
Rafael E. do,` ity Clerk
.4. W\
I �i�'1111 APPROVED AS TO
,v` FORM &LANGUAGE
? \ .. 1,'S &FOR EXECUTION
�JJ�� --'''A`�' :.
, -W4A/r.(--- 41111i
CORP ORATE p . `‘444444
City Attorney n Date
—76% .. ..../<o if
X26'" ��
Resolutions -C7 B
MIAMI BEACH
COMMISSION MEMORANDUM
TO: Honorable Mayor and Members of the City Commission
FROM: Jimmy L. Morales, City Manager
DATE: April 10, 2019
SUBJECT:A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY
OF MIAMI BEACH, FLORIDA, APPROVING AND AUTHORIZING THE
MAYOR AND CITY CLERK TO EXECUTE AMENDMENT NO. 4 TO THE
PROFESSIONAL SERVICES AGREEMENT BETWEEN THE CITY OF
MIAMI BEACH, FLORIDA AND SAVINO MILLER DESIGN STUDIO, P.A.,
FOR ADDITIONAL SERVICES ASSOCIATED WITH THE RESILIENT AND
SUSTAINABLE ELEMENTS FOR THE FUTURE COMMUNITY PARK
(FORMER PAR 3) PROJECT, IN AN AMOUNT NOT-TO-EXCEED $50,100,
WITH PREVIOUSLYAPPROPRIATED FUNDING.
RECOMMENDATION
The Administration recommends adopting the Resolution.
ANALYSIS
On December 9, 2015, the Mayor and City Commission adopted Resolution No. 2015-29234,
authorizing the administration to enter into negotiations and further authorizing the Mayor and City
Clerk to execute a Professional Services Agreement with the firm of Savino Miller Design
Studio, P.A., (Consultant), to provide professional services for the planning, design, bid, award
and construction administration of the Future Community Park(former Par 3)(the Project).
On May 19, 2016, a professional services agreement was executed in the amount of$933,465.
The Project was previously a golf course and is being developed as a passive community park.
The project scope include a central lake; open meadows and informal open play field areas; site
grading; pavilion; tennis courts (6) with restroom facilities; children's playground; dog park;
boardwalk and pathways; security lighting; vita course and fitness cluster; butterfly garden; linear
water feature and parking lot. The passive park will preserve landmark specimen trees and
pastoral spaces. The park design is being revised to 60% complete and has been presented to
the community, Park Advisory Board and has received approval from the Design Review Board
(DRB).
On September 5, 2017 the conceptual drawings and renderings for the project were presented
at the Design Review Board (DRB) hearing. The DRB recommended the approval of the
project with certain conditions and approved a Certificate of Appropriateness.
Page 302 of 1091
•
On January 26, 2018 the City approved Amendment No.1, in the amount of$32,295,for design
services, to incorporate the reduction and reconfiguration of the lake; removal of the parking lot
from the west side of the property and increase the parking along Pinetree Drive; and
reconfigure the walkway and jogging path.
On February 23, 2018 the Finance and Citywide Projects Committee (FCWPC) approved the
conceptual design and directed staff to continue with the development and permitting of the
project. The committee requested staff to prepare a list of project elements that could be
implemented within the current available budget and to explore Brownfield grants for the
remediation efforts.
On March 7, 2018, the Mayor and City Commission adopted Resolution 2018-30222, accepting
the recommendation of the FCWPC,to continue with the current design of the park.
On May 16, 2018 the Mayor and City Commission adopted Resolution 2018-30291 approving
Amendment No. 2, in the amount of $35,698, for additional Architectural and Engineering
Design Services associated with the site changes due to Hurricane Irma debris removal
operation.
On September 12, 2018 the Mayor and City Commission adopted Resolution 2018-30492
approving Amendment No. 3, in the amount of $126,781, for additional Architectural and
Engineering Design Services associated with incorporation of resilient and sustainable
strategies.
Resilient and sustainable strategies are being implemented in the revised 60%design,while the
other unaffected elements such as the playground, tennis courts and the parking lot are
progressing to 90% design development. One of the sustainable and resilient approaches
includes retention and storage of stormwater runoff from the adjacent neighborhood in to the
Park and the central lake. Due to the previous use of the park as a golf course and the
associated contamination, additional studies for treatment of the water within the lake and
groundwater transient flow modeling, have been requested by the Miami Dade County
Regulatory and Economic Resources (RER).
The consultant has prepared a cost proposal (Attachment A) for the additional scope in the
amount of $30,100 for the additional services plus $20,000 reimbursable account increase for
future tasks associated with project design and permitting, for a total of $50,100. Prior to
expenditure of the reimbursable accounts, the Contract Administrator must approve the scope
of work and cost. The Administration has reviewed the proposal and has found it to be fair and
reasonable.
Amendment No. 4 in the not-to-exceed amount of $50,100 will revise the total contract amount,
to a not-to-exceed total of$1,178,339.
The funding for implementation of the above resiliency and sustainability strategies has been
included as part of the Par 3/Community Park project in the 2018 General Obligation Bond
program.
CONCLUSION
Page 303 of 1091
The Administration recommends adopting the Resolution.
Amount 1 $50,100 Account 1 388-0820-061357-00-410-546-00-00-00-
26270-So. Pointe RDA CDT & Municipal
Resort Tax
Total $50,100
Legislative Tracking •
Capital Improvement Projects
ATTACHMENTS:
Description
D Attachment A-Amendment No. 4
❑ Resolution
Page 304 of 1091
AMENDMENT No. 4
TO THE PROFESSIONAL SERVICES AGREEMENT
BETWEEN
THE CITY OF MIAMI BEACH, FLORIDA
AND
SAVINO MILLER DESIGN STUDIO, P.A.,
DATED MAY 19, 2016,
FOR ADDITIONAL ARCHITECTURAL AND ENGINEERING DESIGN SERVICES FOR THE
FUTURE COMMUNITY PARK(FORMER PAR 3) PROJECT,
IN AN AMOUNT NOT-TO-EXCEED OF $30,100;
This Amendment No. 4 to the Agreement, made and entered this day of 2019,
by and between the CITY OF MIAMI BEACH, a Municipal Corporation existing under the laws of
the State of Florida (hereinafter referred to as City), having its principal offices at 1700
Convention Center Drive, Miami Beach, Florida 33139, and SAVINO MILLER DESIGN STUDIO,
P.A, a Florida Corporation, having its offices at 12345 NE 6 Avenue, Miami, Florida 33161
(hereinafter referred to as the Consultant).
RECITALS
WHEREAS, on December 9, 2015, the Mayor and City Commission adopted Resolution
No. 2015-29234, authorizing the negotiation and execution of a Professional Services Agreement
with the firm of Savino Miller Design Studio, P.A., ("Consultant"), to provide professional services
for the planning, design, bid, award and construction administration of the Future Community
• Park(former Par 3) Project(the"Project"); and
WHEREAS, On May 19, 2016, a professional services agreement was executed in the
amount of$933,465.; and
WHEREAS, on September 5, 2017, the conceptual drawings and renderings for the
project were presented at the Design Review Board ("DRB") hearing, and the DRB recommended
the approval of the project with certain conditions and approved a Certificate of Appropriateness;
and
WHEREAS, on January 26, 2018, the City approved Amendment No.1, in the amount of
$32,295, for design services, to incorporate the reduction and reconfiguration of the lake; removal
of the parking lot from the west side of the property; increase the parking along Pinetree Drive;
and reconfigure the walkway and jogging path; and
WHEREAS, on March 7, 2018, the Mayor and City Commission adopted Resolution No.
2018-30222, accepting the recommendation of the Finance and Citywide Projects Committee
("FCWPC"), to continue with the current design of the park; and
WHEREAS, on May 16, 2018 the Mayor and City Commission adopted Resolution 2018-
30291 approving Amendment No. 2, in the amount of $35,698, for additional Architectural and
Engineering Design Services associated with the site changes due to Hurricane Irma debris
removal operation; and
WHEREAS, on September 12, 2018 the Mayor and City Commission adopted Resolution
2018-30492 approving Amendment No. 3, in the amount of$126,781, for additional Architectural
and Engineering Design Services associated with the resiliency and sustainability strategies; and
Page 305 of 1091
WHEREAS, sustainable and resilient approaches including retention and storage of
stormwater runoff from the adjacent neighborhood in to the Park has been implemented in the
design; and
WHEREAS, as the result of the stormwater retention in the lake within the Park, additional
studies for treatment of the water within the lake and groundwater transient flow modeling have
been requested by the Miami Dade County Regulatory and Economic Resources (RER) must be
performed; and
WHEREAS, the consultant has submitted a price proposal in the amount of $30,100 for
the additional services plus $20,000 reimbursable account increase for future tasks associated
with project design and permitting, as a part of this Amendment No. 4 and
WHEREAS, the total not-to-exceed amount for Amendment No. 4 is $50,100: and
WHEREAS, prior to expenditure of the reimbursable accounts the scope work and cost
• must be preapproved by the Contract Administrator; and
•
WHEREAS, the Administration has reviewed the proposal and has found it to be fair and
reasonable; and
WHEREAS, the total contract amount, including this Amendment No.4, will be in a not to
exceed total of$1,178,339; and
WHEREAS, the funding for implementation of the above resiliency and sustainability
strategies is included as part of the Par 3/Community Park project in the 2018 General Obligation
Bond program.
NOW, THEREFORE, the parties hereto, and in consideration of the mutual promises,
covenants, agreements, terms, and conditions herein contained, and other good and valuable
consideration, the respect and adequacy are hereby acknowledged, do agree as follows:
1. ABOVE RECITALS
The above recitals are true and correct and are incorporated as a part of this Amendment
No. 4.
2. MODIFICATIONS
a. The Agreement is amended to include and incorporate the additional Services, as
set forth in Attachment A, attached hereto.
b. In consideration for the performance of the additional Services, as set forth in
Attachment A, City shall pay the Consultant the total amount of$50,100.
3. OTHER PROVISIONS.
All other provisions of the Agreement, as amended, are unchanged.
4. RATIFICATION.
The City and Consultant ratify the terms of the Agreement, as amended by this
Amendment No. 4.
Page 306 of 1091
IN WITNESS WHEREOF, the parties hereto have caused this Amendment No. 4 to be executed
in their names by their duly authorized officials as of the date first set forth above.
ATTEST:
• Dan Gelber, Mayor
i
Rafael E. Granado, City Clerk
ATTEST: CONSULTANT:
SAVINO MILLER DESIGN STUDIO, P.A
Secretary President
Print Name Print Name
Page 307 of 1091
say n•
miller
„ „
.Atins:4A1 AB:.1,1rECfifR i 3•"3AY .c'S(RN i APC:417::.i':
1235 NE 6TH AVENUE A NORTH MIAMI.GLORiDA 33161
705.8459062 F.305.895.5063 ':.,,,;:;AV:^1:}1,111.•.:.';
46O UOT....._Cr132OS
March 20, 2019
City of Miami Beach CIP Office
1701 Meridian Avenue, Suite 300
Miami Beach, Florida 33139
Attention:Mina Samadi, Senior Capital Projects Coordinator
Reference: ADDITIONAL SERVICES#4—TRANSIENT FLOW MODELING&LAKE
MECHANICAL SYSTEM DESIGN
City of Miami Beach Community Park(Former PAR 3)
Project No.2015-29234
The Design and Engineering consultants of Par 3 Park,per request of the City, are studying ways for the Park to
serve as a forward thinking,green infrastructure development model for mitigating neighborhood sea level rise
impacts as the City reconstructs the surrounding Bayshore streetscape and drainage system,After our presentation
of the initial modeling of the Park's stormwater retention capacity to the City and DERM,questions were posed
regarding the potential spread of contaminated groundwater to neighboring properties.This request is for additional
services to model transient flow of the groundwater and contaminant plume during and after designed flood events in
response to the concerns of the City and DERM.
This request is also for the additional services of a lake consultant to design a mechanical system to maintain the
lake health.They will focus on using a low energy system to move water through the littoral planting zones for natural
filtration,lake circulation and an ozone water treatment system.This becomes even more important as we start
adding low quality neighborhood stormwater runoff to the lake body.
We are also including a request for additional reimbursable fees to cover unforeseen future design and permitting
issues,with prior CIP approval, in an effort to reduce project delays.
The summaries attached include time and cost associated with the following study and plans:
1. Two dimensional modeling to analyze the extent of contaminated groundwater migration after
stormwater flooding in the four cardinal directions around the lake.
2. Coordination meetings,schematic drawings, equipment specifications, operations and maintenance
manual and construction administration related to the lake mechanical system design.
•
1 of 1
Page 308 of 1091
•
The following summarizes time and costs associated with the revisions to the plans and associated project
administration:
Ardaman(Geotechnical Engineer) $ 16,000
Edgewater Exhibits(Lake Consultant) $ 14,100
Savino Miller Design Studio(Prime/Landscape Architect) $ 20,000
Total Additional Services $ 50,100
Sincerely,
Barry Miller, PLA,ASLA, Principal in Charge
Savino Miller Design Studio
2 of 1
Page 309 of 1091
_ 1111 Ardaman &Associates, Inc.
111111NI Geotechnical,Environmental and
Materials Consultants •
2608 W 84 Street,Hialeah,FL 33016
PH 305-825-2683,FX 305-825-2686
Date: January 16, 2019
Proposal No.: 18-0368
Revised: February 7, 2019
Mr. Barry R. Miller, ASLA
Savino Miller Design Studio
12345 NE 6th Avenue, Suite A
North Miami, FL 33161
C/C: Ms. Kelly Hitzing
RE: TRANSIENT FLOW MODELING DURING FLOOD EVENTS
COMMUNITY PARK PROJECT
PRAIRE AVENUE &WEST 28TH STREET
MIAMI BEACH, FL
In accordance with your request, we are pleased to submit our proposal to develop transient flow
models for the Community Park project in Miami Beach, FL. The purpose of the numerical models is to
define the groundwater movement pattern during and after the design flooding event. The definition of
the groundwater movement pattern has been requested by DERM to clarify if there is potential of
transporting the existing arsenic soil/water contamination within the park area into adjacent properties.
The existing geotechnical information for the project presented to you in our report dated July 29, 2016
provides the soil profile and some of the soil properties required for the analysis. However, further
analysis is required to develop values of permeability from the existing Hydraulic Conductivity results
from the report.
To provide an answer to DERM's request, numerical models should be developed considering the soil
profile(s) and soil properties. The numerical models shall be capable of performing transient flow
analysis that actually models the groundwater movement with time. The groundwater movement is
caused by the flooding of the park reservoir. Duration of flooding at the park will be conditioned by event
duration soils permeability and design drainage conditions that will define drawdown duration. Flooding
and drawdown conditions as well as soil properties shall be considered in the models.
As per your request we will develop four (4) two-dimensional models to analyze the flooding event
effect on the four cardinal directions around the reservoir.
The cost of the analysis and recommendations is $ 16.000.00. The report will be completed in four
weeks.
The report will include graphic representation of the calculated distance of groundwater movement after
the flooding event.
Page 310 of 1091
Please contact us if you should have any questions concerning the scope of work or the fee estimate.
If the terms above are acceptable to you, please return the enclosed Proposal Acceptance Form as an
indication of your acceptance and authorization to proceed with the work. Please complete the payment
responsibility section in its entirety and sign the bottom clearly to help us set up your file correctly.
Very truly yours,
ARDAMAN & ASSOCIATES, INC.
Evelio Horta, Ph.D., P.E., G.E.
Vice President
Page 311 of 1091
Ardaeman
PROPOSAL/PROJECT ACCEPTANCE AND AGREEMENT
•
PROJECT INFORMATION:
Project Name Transient Flow Flow Modeling during Flood Events Community Park Project
Project Location Praire Avenue&West 28th Street, Miami Beach, Fl
Proposal Number and Date 18-0368/January 16. 2018/Revised: February 7. 2019
Description of Services Geotechnical Engineering Services
Estimated Fee $ 16,000.00
PROPERTY OWNER IDENTIFICATION:
Name
Property Identification Number
Address
City/State Zip Code Phone
Attention Title
SPECIAL INSTRUCTIONS:
PAYMENT TERMS:
Payment shall be due within 30 days after date of each periodic invoice. Interest at the rate of 18% per annum (or the
highest rate allowable by law) shall accrue on all amounts not paid within 30 days after date of invoice. All attorney fees
and expenses associated with collection of past due invoices will be paid by Client. Failure to timely pay any invoice shall
constitute a waiver of any and all claims arising from or related to Ardaman&Associates, Inc.'s services, including but not
limited to the services described in this Proposal.
PROPOSAL ACCEPTANCE:
By accepting this Proposal, the Terms and Conditions of this Proposal, including the Terms on this page, and Ardaman&
Associates, Inc.'s General Conditions appearing on the following page of this Proposal, are incorporated herein by
reference. In the event this Proposal Acceptance was received by facsimile, Client hereby confirms that the above
described Proposal, the Terms and Conditions of this Proposal, including the Terms on this page, and Ardaman &
Associates, Inc.'s General Conditions have been made available and are incorporated in this agreement.
Accepted this day of , 2019
(Print or type individual,firm or corporate body name)
(Signature of authorized representative)
(Print or type name of authorized representative and title) Revision 2017—FL
Page 312 of 1091
GENERAL CONDITIONS—FLORIDA
Parties And Scope Of Work—Ardaman Sc Associates,Inc.(hereinafter referred to as"A&A")shall include said company,its division,subsidiary,parent or affiliate
performing the Work. "Work"means the specific services to be performed by A&A as set forth in A&A's proposal as well as any additional set-vices requested or
accepted by Client. "Client"refers to the person or business entity ordering the Work to be done by A&A. If the Client is ordering the Work on behalf of a third party,
the Client represents and warrants that the Client is the duly authorized agent of said third party for the purpose of ordering and directing said Work. In the event Client
is not the authorized agent of said third party,Client shall be individually liable hereunder. Further,Client shall disclose any such agency relationship to A&A in writing
before the commencement of A&A's Work hereunder. Client agrees that A&A's professional duties are specifically limited to the Work as set forth in A&A's proposal.
The Client assumes sole responsibility for determining whether the quantity and the nature of the Work ordered by the Client is adequate and sufficient for the Client's
intended purpose. A&A's Work is for the exclusive use of Client,and its properly disclosed principal. In no event shall A&A have any duty or obligation to any third
party. Directing A&A to proceed with the Work shall constitute acceptance of the terms of A&A's proposal and these General Conditions.
On-Call Services—In the event A&A is retained to perform construction materials testing("CMT"),including but not limited to proctor and soil density tests,concrete
tests,etc.,on an On-Call basis such that A&A is not retained to perform continuous observations of construction,Client assumes sole responsibility for determining the
location and frequency of sampling and testing.In such On-Call testing,A&A's test results are only representative of conditions at the test location and elevation,and
different conditions may exist at other locations and other elevations.Furthermore,in the event Client fails to properly determine the location or frequency of sampling
and testing,under no circumstances will A&A assume that duty by performing its CMT services.
Right-of-Entry—Unless otherwise agreed,Client will furnish right-of-entry on the property for A&A to make the planned borings,surveys,and/or explorations. A&A
will take reasonable precautions to minimize damage to the property caused by its equipment and sampling procedures,but the cost of restoration or damage which may
result from the planned operations is not included in the contracted amount.
Damage to Existing Man-made Objects—It shall be the responsibility of the Client to disclose the presence and accurate location of all hidden or obscure man-made
objects relative to field tests,sampling,or boring locations. Client waives any claim against A&A arising from any damage to existing man-made objects. In addition,
Client shall defend,indemnify and hold A&A harmless from any third party claim arising from damage to existing man-made objects.
Limitation of Liability-A&A shall perform services for Client in a professional manner,using that degree of care and skill ordinarily exercised by and consistent with
the standards of competent consultants practicing in the same or a similar locality as the project. In the event any portion of the services fails to comply with this obligation
and A&A is promptly notified in writing prior to one year after completion of such portion of the services,A&A will re-perform such portion of the services,or if re-
performance is impracticable,A&A will refund the amount of compensation paid to A&A for such portion of the services. In no event shall A&A be liable for any
special,indirect,incidental,or consequential damages. The remedies set forth herein are exclusive and the total liability of A&A whether in contract,tort(including
negligence whether sole or concurrent),or otherwise arising out of,connected with or resulting from any and all services provided by A&A,including but not limited to
the Work,shall not exceed the total fees paid by Client or$50,000.00,whichever is greater. Client may,upon written request received within five days of Client's
acceptance hereof,increase the limit of A&A's liability by agreeing to pay A&A an additional sum as agreed in writing prior to the commencement of A&A's services.
This charge is not to be construed as being a charge for insurance of any type,but is increased consideration for the greater liability involved. A&A's individual
professionals,employees,and agents are third party beneficiaries to these General Conditions,
PURSUANT TO §558.0035, FLORIDA STATUTES, CONSULTANT'S INDIVIDUAL EMPLOYEES
AND/OR AGENTS MAY NOT HELD INDIVIDUALLY LIABLE FOR NEGLIGENCE ARISING
OUT OF, CONNECTED WITH, OR RESULTING FROM THEIR SERVICES PROVIDED
PURSUANT TO THIS AGREEMENT.
Sampling or Testing Location—Unless specifically stated to the contrary,the unit fees included in this proposal do not include costs associated with professional land
surveying of the site or the accurate horizontal and vertical locations of tests. Field tests or boring locations described in our report or shown on our sketches are based
on specific information furnished to us by others or estimates made in the field by our technicians. Such dimensions,depths or elevations should be considered as
approximations unless otherwise stated in the report.
•
Sample Handling and Retention—Generally test samples or specimens are consumed and/or substantially altered during the conduct of tests and A&A,at its sole
discretion,will dispose(subject to the following)of any remaining residue immediately upon completion of test unless required in writing by the Client to store or
otherwise handle the samples. (a)NON HAZARDOUS SAMPLES: At Client's written request,A&A will maintain preservable test samples and specimens or the
residue therefrom for thirty(30)days after submission of A&A's report to Client free of storage charges. After the initial 30 days and upon written request,A&A will
retain test specimens or samples for a mutually acceptable storage charge and period of time. (b)HAZARDOUS OR POTENTIALLY HAZARDOUS SAMPLES: In
the event that samples contain substances or constituents hazardous or detrimental to human health,safety or the environment as defined by federal,state or local statutes,
regulations,or ordinances("Hazardous Substances"and"Hazardous Constituents",respectively),A&A will,after completion of testing and at Client's expense: (i)return
such samples to Client; (ii)using a manifest signed by Client as generator,will have such samples transported to a location selected by Client for final disposal. Client •
agrees to pay all costs associated with the storage,transport,and disposal of such samples. Client recognizes and agrees that A&A is acting as a bailee and at no time
does A&A assume title of said waste.
Discovery of Unanticipated Hazardous Materials—Hazardous materials or certain types of hazardous materials may exist at a site where there is no reason to believe
they could or should be present. A&A and Client agree that the discovery of unanticipated hazardous materials constitutes a changed condition mandating a renegotiation
of the scope of work or termination of services. A&A and Client also agree that the discovery of unanticipated hazardous materials may make it necessary for A&A to
take immediate measures to protect health and safety. A&A agrees to notify Client as soon as practicable should unanticipated hazardous materials or suspected hazardous
materials be encountered. Client encourages A&A to take any and all measures that,in A&A's professional opinion,are justified to preserve and protect the health and
safety of A&A's personnel and the public. Client agrees to compensate A&A for the additional cost of working to protect employees'and the public's health and safety.
In addition,Client waives any claim against A&A arising from A&A's discovery of unanticipated hazardous materials or suspected hazardous materials.
Indemnification—Client agrees to defend,indemnify and save harmless A&A from all claims,including negligence claims,suits,losses,personal injuries,death and
property liability resulting from the actions or inactions of Client,Client's contractors,representatives,agents and employees.
Legal Jurisdiction—The parties agree that any litigation shall only be brought in a court of competent jurisdiction located in Orlando,Orange County,Florida. All
causes of action,including but not limited to actions for indemnification and contribution,arising out of A&A's Work shall be deemed to have accrued and the applicable
statutes of limitation shall commence to run not later than the date of issuance of A&A's final invoice for the Work. Each of the parties hereto irrevocably waives any
and all right to trial by jury in any legal proceeding arising out of or relating to this agreement.
Force Majeure-A&A shall not be held responsible for any delay or failure in performance caused by fire,flood,explosion,war,strike,embargo,government requirement,
civil or military authority,acts of God,act or omission of subcontractors,carrier,clients or other similar causes beyond its control.
Drafting and Severability—This Agreement has been drafted by all Parties hereto and shall not be construed against one Party or in favor of any other Party In the
event that any provision of this Agreement is held invalid,the remainder of this Agreement shall be fully enforceable.
7/17
Page 313 of 1091
e gEX a ter
21900 SW 169th Ave Miami FL 33170
Barry Miller,ASLA
Savino&Miller Design Studio
12345 NE 6th Avenue A
Miami,FL 33161
RE: PAR 3 LAGOON LIFE SUPPORT SYSTEM ENHANCEMENT PROJECT.
Barry,
Edgewater Exhibits understands this project is to encompass a functional water shed and storage strategy for
the lagoon including re-use and pre-filtration techniques which exemplify"Sustainability"suitable for public
use and enjoyment.
With that being said,our anticipated deliverables will consist of the following:
1)Design coordinate meetings for relevant parties involved. (3 meetings)
2)Produce design Schematic Drawings which express our design approach&strategy.
3)We will specify all required equipment to accomplish the resolved plan.
4)Produce over-all plan view indicating equipment locations and placements.
5) Provide detailed plan for specific equipment configuration with sections and detail as required.
6) Provide all Electrical Required for system's operation.
7)Assemble and provide Equipment Specification Package including cut sheets and O&M manual.
8)Progress construction visits for oversight and inspection. (3 site visits-3 written reports as necessary)
This dynamic body of water has multiple inputs carrying varying water qualities and secondary run offs.
It is our intent to utilize natural wetlands coupled with intelligent hydrodynamics to create a sustainable
multi-use body of water.
BREAK-OUT COSTS.
Design Meetings and Construction Site visits $3,600.00
Design Development and Drawing Package $7,500.00
Equipment,Electrical Specifications with Cut Sheets/O&M booklet ... .$3,000.00
TOTAL ESTIMATE .$14,100.00
We look forward to working with you and your team.
Respectfully
Matthew J.Rothan
Director of Exhibitions
Edgewater Exhibits
305 801 0596
Edgewater Exhibits-Barry Miter-Sustainable LIFE SUPPORT SYSTEM for Lagoon 01-18-19 edgevvlater.
Page 314 of 1091