Attachment I - Design Criteria Package a
Attachment 1
DESIGN.'-CRITERIA . PACKAG
FOR DESIGN/BUILD SERVICES FOR
NEIGHBORHOOD NO. 1 BISCAYNE POINT
RIGHT-OF -WAY INFRASTRUCTURE IMPROVEMENT PROJECT
Richard W. Saltnck,Pl.
P.E. No. 50085
City of Miami Beach
1700 Convention Center Drive
Miami Beach, FL 33139
Where Sections 01000 — PROFESSIONAL SERVICES and 01010 — SUMMARY OF WORK
conflict with other technical specifications, Sections 01000 — PROFESSIONAL SERVICES and
01010 — SUMMARY OF WORK shall govern.
Where technical specifications conflict with plans, technical specifications shall govern.
Contract Schedule
DESIGN / BUILD FIRM shall be instructed to commence the Work by written instruction in the
form of a Purchase Order issued by the City's Procurement Director and Notices to Proceed
issued by the CONTRACT ADMINISTRATOR. There will be two Notices to Proceed.
DESIGN / BUILD FIRM shall commence design, scheduling activities, permit applications, and
other pre-construction work within five (5) calendar days after the First Notice To Proceed. The
First Notice To Proceed and Purchase Order will not be issued until DESIGN / BUILD FIRM's
submission to CITY of insurance, bonds, and licenses and after execution of the Contract by
both parties.
The Second Notice To Proceed shall be issued only upon acceptance of the full progress
schedule, submittal schedule and schedule of values; acceptance of the 100% contract
documents; and receipt of all necessary permits per phase by DESIGN / BUILD FIRM.
The Second Notice To Proceed shall authorize the DESIGN / BUILD FIRM to mobilize on the
Project site and commence with physical construction work. The CITY may issue phased
Notices to Proceed with the construction phase based on the receipt of permits from the
respective regulatory agencies.
Time is of the essence throughout this Contract. The schedule shall be as directed in the
Agreement.
Due to the difficulty assessing the costs to the CITY associated with delays in completion of the
project by the DESIGN / BUILD FIRM, it shall be agreed that liquidated damages shall be as
directed in the Agreement.
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SECTION 01000 - PROFESSIONAL SERVICES
PART 1 - GENERAL
1.01 THE REQUIREMENT
A. Work to be performed in this Section includes providing professional engineering
services to design, permit, and certify the construction of a project meeting the intent of
the following items:
1.11 Biscayne Point Basis of Design Report prepared by the Corradino Group, March
2003 (BODR)
2. City of Miami Beach General ROW Design Standards Manual, August 2002,
including updates (DSM)
3. City of Miami Beach Public Works Manual, April 2007 (PWM)
4. 100% Biscayne Point Neighborhood Improvement Project Construction Documents,
including plans and technical specifications, prepared- EAC Consulting, July 2011
)
and all revisions through March 2012. (Existing Plans
B. The work to be performed requires the use of documents and drawings previously
created. A successor professional engineer must be able to document and produce
upon request evidence that he/she has in fact recreated all the work done by the original
professional engineer. The successor professional engineer shall adhere to professional
guidelines established in Florida Administrative Code 61 G15-27.001.
1.02 SCOPE OF PROFESSIONAL SERVICES
A. The DESIGN / BUILD FIRM shall prepare signed and sealed contract documents for the
CITY's review to verify compliance with the Project intent. The DESIGN / BUILD FIRM
shall also utilize the DSM and PWM to supplement any details required to complete the
Project.
B. The following is a list of items that the DESIGN / BUILD FIRM shall incorporate into its
Contract Documents:
1. Topographic Survey: DESIGN / BUILD FIRM shall verify / update the information
presented as existing conditions in the Existing Plans to the extent necessary to
ensure that the proposed improvements do not negatively impact existing / proposed
facilities. The.DESIGN / BUILD FIRM shall verify that:
• sidewalks have positive slopes from entryways towards the roadway
• there is compliance with ADA requirements for access to existing structures
• existing edge of pavement elevations match proposed lip of curb elevations
where roadways are not being reconstructed
• rim / grate elevations match existing surrounding grades
• proposed landscaping does not conflict with existing and / or adjacent above
ground improvements
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• recent improvements are properly identified, protected, and coordinated with
proposed Work
• proposed improvements are not in conflict with existing conditions / proposed
improvements.
a. The Existing Plans were developed based on a signed and sealed topographic
survey prepared by F.R. Aleman & Associates, Inc. for the Original Design
Consultant. The DESIGN / BUILD FIRM shall review and amend the existing
topographic survey, as needed, to meet the requirements of the scope of work
and the DSM. In particular, the DESIGN / BUILD FIRM shall contact all existing
utility owners and request that they verify locations of existing utilities on the
survey. The DESIGN / BUILD FIRM shall use this information to design the new
water and stormwater infrastructure.
b. Identification and Relocation of Existing Underground Utilities: It is the DESIGN /
BUILD FIRM's responsibility to identify and coordinate the relocation of any and
all existing utilities that may conflict with proposed improvements as depicted in
the DESIGN / BUILD FIRM's contract documents. These include but are not
necessarily limited to: FPL, BellSouth, Charter Communications, Level 3
Communications, Adelphia Communications, AT&T, Teco-Peoples Gas, NUI-
CITY Gas Company, Florida Gas Transmission, MCI WorldCom, M-D WASD, M-
D PWD and CITY of Miami Beach, and others as deemed necessary. It is the
responsibility of the DESIGN / BUILD FIRM to verify that the final contract
documents are free of utility conflicts to a reasonable standard of care. The
DESIGN / BUILD FIRM shall be responsible for the coordination of existing
utilities that are found to be in conflict with proposed improvements. It is realized
that the DESIGN / BUILD FIRM is also the Engineer of Record, hence, the
DESIGN / BUILD FIRM has considerable latitude in resolving utility conflicts
provided the method meets the applicable codes / standards and approved by
the respective utility owner(s).
c. Existing Utility Verification: The DESIGN / BUILD FIRM shall utilize whatever
means it deems necessary to ensure that the proposed improvements illustrated
in its final design drawings are not in conflict with existing underground utilities.
The DESIGN / BUILD FIRM shall submit its contract documents to all utility
owners and request that they identify / verify the horizontal and vertical location
of their utilities. The DESIGN / BUILD FIRM shall forward correspondence and its
contract documents to each utility owner with a copy to the CITY. The DESIGN /
BUILD FIRM is urged to field verify each proposed utility and / or manhole
excavation, utility crossing, utility tie-in, and excavation greater than 12 inches in
depth when located close to existing improvements. Methods to be considered
by the DESIGN / BUILD FIRM shall include but not be necessarily limited to
subsurface utility exploration in accordance with ASCE Standard Guideline for
the Collection and Depiction of Existing Subsurface Utility Data (Quality Level A),
vacuum extraction, water extraction, ground penetrating radar, magnetic survey,
potholing, or other method deemed appropriate by the DESIGN / BUILD FIRM.
The CITY reserves the right to request that the DESIGN / BUILD FIRM provide
documentation of utility verification requests and subsequent responses from
utilities.
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2. Stormwater System: The intent of this project is to construct stormwater
improvements that provide a 5-year 1-day level of service, stormwater quality
treatment and to improve stormwater collection and conveyance within the priority
basins and areas of concern listed in article c. below.
a. The design parameters of a 5-year 1-day level of service includes:
• A storm event with 7.5 inches of rainfall
.• A 1.60-foot NGVD tailwater elevation
• No flood stages above crown of road or within 15 feet of a building
b. No credit will be given for stormwater detention time in piping. All detention time
shall be accounted for within structures that are accessible to maintenance
personnel.
c. The DESIGN / BUILD FIRM shall design a fully functional system that addresses
spot flooding and ponding by regrading the streets and adding catch basins and
culverts as needed. . In particular, the DESIGN / BUILD FIRM shall prepare a
stormwater design for the following areas of concern:
• The intersection of Noremac Avenue and Biscayne Point Road
• 7955 Biscayne Point Circle
. 1825 Daytonia Road
d. All existing ROW roadway surfaces that are not to be rebuilt shall be milled and
resurfaced. All roads shall have a total minimum 2-inch thickness of asphalt upon
completion of the project. Up to 1 inch of existing asphalt can be considered to
meet the 2-inch minimum thickness, however there shall be no less than 2 inches
total thickness at any location.
e. The DESIGN / BUILD FIRM shall clean and inspect the entirety of the existing
stormwater collection, transmission, and disposal system inclusive of catch
basins, manholes, transmission mains, culverts, and outfalls within the project
area.
f. Redevelopment of "failed" new wells shall remain the responsibility of the
DESIGN / BUILD FIRM through the duration of the project and subsequent
warranty period, as applicable.
3. Water Distribution System: The DESIGN / BUILD FIRM shall incorporate into its
design watermains on Noremac Avenue and Cleveland Road and the Henedon WM
plans.
a. All proposed open-cut watermains shall be ductile iron, Class 52, fully restrained
and wrapped with 36 inches of cover.
b. Pipe depth may be reduced at the discretion of the City Public Works Department
when using ductile iron pipe, Class 53.
c. As a part of the water main design effort, the DESIGN / BUILD FIRM shall
include reconnection to existing and installation of new fire hydrant assemblies at
spacing required to meet applicable jurisdictional agency permitting
requirements.
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d. The DESIGN / BUILD FIRM shall install new service connections to replace
existing connections. This effort shall include coordination with the City Public
Works Department to ensure that any existing meters which are deemed to
require replacements (by the CITY) are replaced with new meters. The City
Public Works Department shall provide new meters, and the DESIGN / BUILD
FIRM shall replace all service connection piping upstream of the meter to the
new main with 2-inch diameter lines and install the meter, as required. In all
cases, the DESIGN / BUILD FIRM shall provide a replacement water meter box.
e. The DESIGN/ BUILD FIRM shall add fittings and valves at all intersections along
the route of proposed water mains to result in a fully interconnected system with
isolation valves at all crossings. For operational flexibility and ease of
maintenance, the DESIGN / BUILD FIRM shall also add fittings and valves at
crossings between proposed and existing water mains that are to remain.
f. Upon completion of the installation of.the proposed water lines, the existing water
lines shall be.cut and capped if they are to be abandoned in place.
g. The DESIGN / BUILD FIRM shall provide 8-inch diameter water mains on .
Noremac Avenue from and on Cleveland Road from North Biscayne Point Road
to Noremac Avenue.
4. Street Lighting System: The DESIGN / BUILD FIRM shall incorporate the Existing
plans, the DSM, the PWM, and the BODR to design and construct fully operational
lighting improvements on Stillwater Drive.
a. The DESIGN / BUILD FIRM shall coordinate its design with Florida Power and
Light (FP&L) to ensure coordination of requisite service points and compliance
with regulatory requirements.
b. The DESIGN / BUILD FIRM shall incorporate the lighting improvements as
generally shown on the Existing Plans.
c. The added scope of work at Biscayne Beach (new conduit/wire) as well as the
light pole base relocations at Biscayne Point Island shall be included in this DCP
(design and construction).
5. Streetscape Improvements: The DESIGN / BUILD FIRM shall incorporate the
Existing Plans, the DSM, the PW Manual, and the BODR to design and construct the
proposed streetscape improvements. The design of proposed hardscape
improvements shall be reviewed and conceptually approved by the Miami-Dade
Public Works Department Traffic Engineering Division, the CITY of Miami Beach
Public Works Department, and other applicable jurisdictional agencies, prior to
finalizing construction documents.
a. As a minimum, the DESIGN / BUILD FIRM shall incorporate the hardscape and
softscape improvements shown on the Existing Plans.
b. Existing Damaged Sidewalks, Driveway Ramps, Curbing and Valley Gutter
Replacement: The DESIGN / BUILD FIRM shall replace valley gutter and
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I
curbing shown to be replaced on the existing plans and shall also replace
damaged valley gutter and curbing. The City will evaluate the curbing and
provide a list of curbing to be replaced by the DESIGN / BUILD FIRM. All new
valley gutter and curbing shall be grey (natural) in color or Miami Beach Red as
directed by the City Engineer. All new sidewalks shall be Miami Beach Red in
color or as directed by the City Engineer.
c. The DESIGN / BUILD FIRM shall provide concrete pavers in lieu of stamped .
asphalt at the 77th Street entry.
d'. The DESIGN / BUILD FIRM shall provide concrete paver speed tables in lieu. of
stamped asphalt at the four locations on Biscayne Point Island.
6. Pavement Marking and Signage: The DESIGN / BUILD FIRM shall develop plans
and construct all requisite pavement markings and signage in accordance with
Miami-Dade Public Works Department Traffic Engineering Division, the CITY of
Miami Beach.Public Works Department, and other applicable jurisdictional agencies,
prior to finalizing construction documents. The DESIGN / BUILD FIRM shall also
verify that the minimum number of handicapped spaces are provided. The pavement
marking and signage at the intersection of Crespi and Hawthorne shall be built to
match existing conditions, not built per the existing EAC design.
7. Organic Material: An organic muck layer occurs intermittently throughout the CITY
at varying and sometimes shallow depths.
a. The CITY is amenable to the DESIGN / BUILD FIRM revising the trench bedding
depth within organic layers. In this effort, the DESIGN / BUILD FIRM will work
closely with the CITY to minimize any and all impacts that may occur from
discovery of organic matter within the project area.
b. No additional payment will be made by the CITY for removal of muck.
C. Encroachments: The DESIGN / BUILD FIRM shall familiarize itself with the DSM and
the BODR to properly address the removal of private encroachments in the right-of-way.
It shall be the responsibility of the DESIGN / BUILD FIRM to verify and update the
previously prepared encroachment list relative to design revisions and coordinate final
classifications with the CITY.
D. Permitting: The DESIGN / BUILD FIRM shall prepare applications and such documents
and design data as may be required to procure approvals from all governmental
authorities that have jurisdiction over the Project as represented in its contract
documents. The DESIGN / BUILD FIRM shall be responsible for meetings, submissions,
re-submissions, and negotiations with such authorities. The CITY may attend meetings
with governmental authorities as deemed necessary by the CITY. It is recognized by the
CITY that the time period for obtaining permits is partially beyond the control of the
DESIGN / BUILD FIRM except for issues concerning the permitability of the design and
the DESIGN / BUILD FIRM's ability to respond to permitting agency requests for
information. Nevertheless, the DESIGN / BUILD FIRM shall be responsible for
monitoring and tracking progress on the preparation and review of permits and
subsequent requests for information. The DESIGN / BUILD FIRM shall correspond with
noted jurisdictional authorities to establish permitting requirements, to revise its
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documents, and to respond to permitting inquiries as required. The DESIGN / BUILD
FIRM shall copy the CITY on all correspondence and also attend meetings with CITY
staff to review and discuss permitting status, as may be required. The following
governmental authorities that have or may have jurisdiction over Project have been
identified:
• CITY of Miami Beach Planning Department
• CITY of Miami Beach Public Works Department
Miami-Dade County Department of Environmental Resource Management
• Miami-Dade County Water and Sewer Department
• Miami-Dade County Public Works Department—Traffic Engineering Division
• Miami-Dade Department of Health and Rehabilitative Services
• South Florida Water Management District
• Florida Department of Environmental Protection
• U.S. Army Corps of Engineers
• U.S. Environmental Protection Agency
Failure to identify governmental authorities that have jurisdiction over the: Project does
.not relieve the DESIGN / BUILD FIRM from responsibility to pursue the permit as
described above. Note that this effort includes the procurement of permit extensions,
whether existing or new.
E. Review of Contract Documents by CITY: The DESIGN / BUILD FIRM shall submit
90% contract documents to the CITY for review and comments. All review comments
generated by the CITY shall be addressed with responses included in a subsequent
submittal if necessary. It is anticipated that a two (2) week turnaround time for CITY
review shall be provided in order for the DESIGN / BUILD FIRM to maintain pre-
construction time frame commitments.
F. Construction Kick-off Meeting: The DESIGN / BUILD FIRM shall prepare necessary
presentation materials and attend / conduct one Construction Kick-off Meeting (CKM)
following the acceptance of the 100% contract documents by the CITY. The purpose of
the CKM is to advise residents on the schedule and sequencing of upcoming
construction activities. The CITY shall schedule, find locations for, and notify residents of
all such meetings. The DESIGN / BUILD FIRM shall prepare all presentation materials
as well as draft meeting minutes and forward them to the CITY who shall review, provide
comments, and distribute accordingly.
G. Record Drawings: At the completion of the Project, the DESIGN / BUILD FIRM shall
turn over to the CITY a set of signed and sealed record drawings and a complete set of
all drawings in the latest version of AutoCAD on compact disk that accurately reflect the
"as built" conditions of the new facility. All changes made to the construction documents,
either as clarifications or as changes, shall be reflected in the plans. The changes shall
be submitted at least monthly to the CITY. These "as built' drawings and the latest
version of the AutoCAD format media must be delivered and found to be acceptable
prior to final payment. The DESIGN / BUILD FIRM shall also deliver all technical
manuals, operations manuals, maintenance schedules, and other documents necessary
for the operation and maintenance of the improvements prior to final payment.
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PART 2 - PRODUCTS (Not Applicable)
PART 3 - EXECUTION (Not Applicable)
- END OF SECTION -
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SECTION 01005 - PUBLIC INFORMATION / LIAISON SERVICES
PART 1 — GENERAL
1.01 THE REQUIREMENT
A. The DESIGN / BUILD FIRM shall procure the services of a Public Relations Firm to
provide labor, supplies, and essential communications as may be required for the
fulfillment of the intent of the public information / liaison phase of the WORK, in strict
accordance with the Contract Documents.
B. The goal of these services shall be to allow the DESIGN / BUILD FIRM to maintain
stakeholders up to date prior to, during and after the DESIGN / BUILD FIRM's
implementation of rear water service relocations as noted in the contract documents.
C. Stakeholders as the term is used herein shall include and refer to CITY representatives,
property owners and residents affected by the rear easement water service relocation
WORK.
1.02 SERVICES TO BE PROVIDED
A. The CONTRACTOR shall develop and implement an effective and successful public
information / liaison program to perform the following functions:
1. Ensure that, working in concert with CITY representatives, all required
authorizations / releases are received from affected property owners.
2. Meet with individual affected stakeholders to review the proposed installation
procedures, address stakeholder concerns, and establish a general understanding
and level of comfort with stakeholders as to what to expect before, during and after
construction..Such efforts shall include a walkthrough of the proposed routing of
new water service lines with stakeholders and a DESIGN / BUILD FIRM's
representative, to establish agreement as to pre-existing conditions and like and
kind return of the finished project, to the satisfaction of the stakeholder.
3. Follow-up with stakeholders on any required warranty work and/or complaint
resolution that may result from the WORK until resolved by the DESIGN / BUILD
FIRM.
PART 2 — PRODUCTS (Not Applicable)
PART 3 — EXECUTION (Not Applicable)
- END OF SECTION -
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SECTION 01010 - SUMMARY OF WORK
PART 1 - GENERAL
1.01 THE REQUIREMENT
A. WORK to be performed under this Contract shall consist of furnishing and installing all
tools, equipment, materials, supplies, and manufactured articles and furnishing all
labor, transportation, and services, including fuel, power, water, and essential
communications, and performing all WORK, or other operations required for the
fulfillment of the Contract in strict accordance with the Contract Documents. The WORK
shall be complete, and all WORK, materials, and services not expressly indicated or
called for in the Contract Documents which may be necessary and reasonably
expected for the complete and proper construction of the WORK shall be provided by
the DESIGN / BUILD FIRM as though originally so indicated, at no increase in cost to
the CITY.
B. Wherever the term Project is used in these documents, it shall be construed to mean all
WORK associate with the BID PACKAGE NO. 1 — BISCAYNE POINT, a portion of the
City's Right-Of-Way Improvements Program.
C. Wherever the term CONSULTANT is used in these documents, it shall be construed to
mean the registered professional engineer, architect, and/or landscape architect who
has contracted with or who is employed by the DESIGN / BUILD FIRM to provide
professional services for the design and permitting of the Project. The CONSULTANT
shall be the Engineer of Record and shall be licensed by the State of Florida to provide
said services.
D. Wherever the term CONTRACTOR is used in these documents, it shall be construed to
mean the DESIGN / BUILD FIRM.
E. The Existing Plans included as part of the DESIGN CRITERIA PACKAGE were
prepared by EAC Consulting (815 NW 52"d Avenue, Suite.402, Miami, FL 33126), Inc. .
for the BP 1 — Biscayne Point ROW Neighborhood Improvements.
F. The CITY may elect to provide a full time Resident Project Representative (RPR)
throughout the construction Phase of the Project. The RPR shall act as a liaison
between the DESIGN / BUILD FIRM and the CITY and shall make necessary
observations of materials furnished and the WORK performed by the DESIGN / BUILD
FIRM. The RPR shall not perform inspections. Inspections shall only be conducted by
representatives of the various regulatory agencies which have jurisdictional authority
over the Project.
1.02 SCOPE OF WORK
A. The SCOPE OF WORK of this Contract comprises revising the design using the
Existing Plans, obtaining the required permits with all applicable regulatory agencies,
submittal of proposed construction schedule, and after acceptance, perform the
construction of the infrastructure site work in accordance with the approved plans,
NEIGHBORHOOD NO.: 1—BISCAYNE POINT March 20,2012
specifications and applicable rules and codes for work activities within the right-of-way
in the City of Miami Beach.
B. The WORK will include but not be limited to mobilization, staging, site preparation;
earthwork, restoration, milling and resurfacing, storm drainage, water distribution, street
lighting, streetscaping, and pavement marking and signage improvements as well as
related activities that may include existing utilities relocation.
C. The DESIGN / BUILD FIRM shall submit revised designs that may be required as part
of the permit requirements and/or regulatory agencies comments with their associated
cost estimates for acceptance by the DESIGN CRITERIA ENGINEER or his designee
prior to proceed in with the final design.
D. The general location of the WORK area is Neighborhood No. '1 —Biscayne Point
comprising the islands of Biscayne Point, Biscayne Beach, and Stillwater Drive, which
are generally north of Normandy Shores and west of Tatum Waterway.
1.03 STANDARD SPECIFICATION
A. Except as noted, all materials and workmanship shall meet the requirements of the
latest editions of the following publications:
1. Miami-Dade County Public Works Manual
2. The Florida Department of Transportation "Standard Specifications for Road and
Bridge Construction", and its supplements;
3. The Florida Department of Transportation 'Roadway and Traffic Design
Standards"
4. The Florida Department of Transportation "Structures Standards"
5. Miami-Dade Water and Sewer Department "Design and Construction Standard
Specification and Details"
6. City of Miami Beach General ROW Design Standards Manual
7. City of Miami Beach Public Works Manual
1.04 SITE INVESTIGATION
A. The DESIGN / BUILD FIRM, by virtue of signing the Agreement, acknowledges that it
has satisfied itself to the nature and location of the WORK, the general and local
conditions including, but not restricted to: those bearing upon transportation; disposal,
handling and storage of materials, availability of water and electric power; access roads
to the site; the conformation and conditions of the WORK area; and the character of
equipment and facilities needed preliminary to and during the performance of the
WORK. Failure on the part of the DESIGN / BUILD FIRM to completely or properly
evaluate the site conditions shall not be grounds for additional compensation. Failure by
the DESIGN / BUILD FIRM to acquaint itself with all available information shall not
relieve it from responsibility for estimating properly the difficulty or cost of successfully
NEIGHBORHOOD NO.: 1—BISCAYNE POINT March 20.2012
performing the WORK. The CITY assumes no responsibility for any conclusions or
interpretations made by the DESIGN / BUILD FIRM on the basis of the information
made available by the CITY.
B. Soil boring information has been furnished to the DESIGN / BUILD FIRM for its general
information. Such data are not warranted to be correct; the DESIGN / BUILD FIRM, by
virtue of signing the Agreement, acknowledges that it has satisfied itself as to the
nature and extent of soil and (underground) water conditions on the project site. No
additional payment will be made to the DESIGN / BUILD FIRM because of differences
between actual conditions and those shown by the boring logs.
1.05 WORK BY OTHERS
A. Concurrent work by Other Contractors: The DESIGN / BUILD FIRM'S attention is
directed to the fact that work may. be conducted at the site by other Contractors during
the performance of the WORK under this Contract. The DESIGN / BUILD FIRM shall
conduct its operations so as to cause little or no delay to work of such other Contactors, .
and shall cooperate fully with such Contractors to provide continued safe access to
their respective portions of,the site, as required to perform work under their respective
contracts.
B. Interference with WORK on Utilities: The DESIGN / BUILD FIRM shall cooperate fully
with all utility forces of the CITY or forces of other public or private agencies engaged in
the relocation, altering, or otherwise rearranging of any facilities which interfere with the
progress of the WORK, and shall schedule the WORK so as to minimize interference
with said relocation, altering, or other rearranging of facilities.
1.06 WORK SEQUENCE
A. The DESIGN / BUILD FIRM shall schedule and perform the WORK in such a manner
as to result in the least possible disruption to the public's use of roadways, driveways,
and utilities. Utilities shall include but not be limited to water, sewerage, drainage
structures, ditches and canals, gas, electric, internet, television, and telephone. Prior to
commencing with the WORK, the DESIGN / BUILD FIRM shall perform a location
investigation of existing underground utilities and facilities in accordance with the
Sections entitled "Professional Services" and "Protection of Existing Facilities" and shall
have obtained all required permits and permissions. The DESIGN / BUILD FIRM shall
also deliver written notice to the CITY and property occupants (private and public) of all
planned disruption to roadway, sidewalks, driveways, and utilities 72 hours in advance
of disruption. In addition, all notifications of planned disruptions shall be coordinated
with the CITY's Capital Improvement Project Office (CIP).
B. If other projects will be connected to portions of WORK constructed as part of this
project, it may be necessary to sequence portions of this project. The DESIGN / BUILD
FIRM shall be responsible for coordinating construction activities and tie-ins with
Contractor's of adjacent phases and sections as required.
C. In addition to the above, the following restrictions shall be maintained:
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1. WORK shall be allowed in two non-adjacent streets or avenues, subject to CITY
approval.
2. The DESIGN / BUILD FIRM shall provide detailed phasing and maintenance of traffic
plans for review and acceptance by the CITY prior to the commencement of,any
construction activities within a Phase.
3. The DESIGN / BUILD FIRM'S phasing plans shall clearly illustrate :the DESIGN /
BUILD FIRM's WORK intent. Each work area shall be broken down into sub-phases
that allow work by up to two separate crews within each Phase simultaneously.
4. In no case shall more than one block of roadway on each street or avenue (two
blocks total) be under construction at one time.
5. In no case shall more than 300 feet of trench be open at one time unless approved.
by the Public Works Department.
6. All roadways surfaces within the Project area shall be milled and resurfaced if not
rebuilt. Asphalt transitions between new and existing pavement at the limit of work
shall be placed at a maximum slope of five (5%) percent.
7. The DESIGN / BUILD FIRM shall promptly provide temporary asphalt surfacing for
any pavement disturbed during the installation of proposed water main, stormwater,
and/or hardscape improvements.
8. Temporary asphalt patching will only be allowed for thirty (30) calendar days.
Permanent restoration must be provided within thirty (30) days of disturbing any
particular section of road.
9. The DESIGN / BUILD FIRM shall make necessary provisions to provide access to all
driveways at the end of the working day.
10. All corrective work on private property necessitated by damage that may have
occurred during construction activities, including but not limited to the restoration of
landscaping, driveways, sidewalks, and utility connection must be complete before
the work area is considered substantially complete.
11. Construction within the right of way of affected roads shall be scheduled so that all
improvements are completed at once, and residents are only disrupted for one time
period. This excludes water service plumbing work which may be required on private
property - which shall be scheduled after mains are tested and accepted for
connection by individual services.
12. Access for emergency vehicles shall be maintained at all times to all residences and
businesses.
13. Excavations must be back-filled or barricaded at the end of each workday to prevent
hazardous conditions. If a trench, excavation or structure is to be left open, it must be
covered with a steel plate and made accessible to residents at the end of each
workday or when work will be suspended for more than eight (8) hours.
NEIGHBORHOOD NO.: 1—BISCAME POINT March 20.2012
14. The DESIGN / BUILD FIRM shall coordinate with the appropriate local agencies and
private companies, which may provide services to the residents, as required to
provide uninterrupted bus, school bus, garbage collection, mail delivery and other
service during the WORK period. A traffic maintenance plan indicating proposed
street closings, schedules, and alternate routes, which have been approved by the
applicable jurisdictional agency, should be submitted to all affected agencies and
companies for coordination and routing purposes.
15. Transportation provisions for handicapped or disabled residents shall be made by.
the DESIGN / BUILD FIRM if construction prevents access to homes.
D. The DESIGN / BUILD FIRM shall be. responsible for coordinating all water service
interruptions within the project area.
1. All affected residents shall be notified by the Public Works Department a minimum of
seventy-two (72) hours prior to a shut off of water supply. Any water supply
interruptions shall be scheduled to be as short as possible and not exceed four (4)
hours in duration. For multi-family apartments or condominium complexes, written
notice of planned disruptions may be directed to Condominium Association's
Management Companies, Condominium Association's Board of Directors, Apartment
Property Managers or other property managing companies or individuals via certified
mail; for single family residences written notices shall be directed to the residents via
door hangers. All notifications of planned disruptions shall be coordinated with the
CITY CIP Office and the City of Miami Beach Public Works Department.
2. The DESIGN / BUILD FIRM shall submit a written request to the City of Miami Beach
CIP Office for forwarding to the Fire Department and Public Works Department for
shut-off of potable water or fire main supply, a minimum of one week prior to the
scheduled shut-off. The DESIGN / BUILD FIRM shall obtain confirmation from the
City of Miami Beach Public Works Department. Note that ONLY the City of Miami
Beach Public Works Department is authorized to shut-off any potable water or fire
main supply lines.
E. The DESIGN / BUILD FIRM shall store materials and equipment in a fenced or
otherwise enclosed area during non-working hours.
1. Pipe and material shall not be strung out along installation routes, for more than one
workday. DESIGN / BUILD FIRM shall store minimal amount of material on site
within designated areas, which shall be shown on the Construction Documents.
2. The City will provide the DESIGN / BUILD FIRM with staging area.
3. The DESIGN / BUILD FIRM shall develop a staging plan for review and acceptance
by the CITY.
4. The DESIGN / BUILD FIRM shall restrict parking for its employees and sub-
contractors within the staging areas and/or swales adjacent to the work area. If
necessary, the DESIGN / BUILD FIRM shall provide additional off-site storage,
staging, and parking as necessary at no additional cost to the contract. DESIGN /
BUILD FIRM shall maintain all staging areas until the project is completed.
NEIGHBORHOOD NO.. 1—BISCAYNE POINT March 20,2012
F. The DESIGN / BUILD FIRM shall maintain existing infrastructure in working condition.
1. As stormwater management system improvements are comprised of system wide
requirements, the DESIGN / BUILD FIRM shall plan, design, and construct
stormwater improvements in a manner that results in minimal impact to existing
stormwater system performance.
2. Existing lighting levels shall be maintained in operation at all times during
construction. In this effort, the DESIGN / BUILD FIRM shall provide temporary power
supply and/or temporary lighting when necessary to maintain lighting conditions that
meet a minimum of pre-existing conditions. However the DESIGN / BUILD FIRM.
shall not be responsible for lighting failures that are not the result of its work
activities.
3. DESIGN /. BUILD FIRM shall schedule and coordinate all parking related signage
and street markings demolition and installation with the City of Miami Beach Parking
Department through the CIP Office.
4. The DESIGN/ BUILD FIRM shall coordinate with the Parking Department through
the CIP Office to ensure timely implementation of the following tasks. The DESIGN /
BUILD FIRM shall adjust its schedule to comply with Parking Department timelines,
accordingly.
• Removal of parking meter heads (Posts to be removed by DESIGN / BUILD
FIRM).
• Removal of parking signs (Post to be removed by DESIGN / BUILD FIRM).
• Reinstallation of parking meter post and heads (Heads to be provided by the
CITY).
• Reinstallation of parking related signs and posts (Signs to be provided by the
CITY).
1.07 TRAFFIC CONTROL
A. The DESIGN / BUILD FIRM shall submit a conceptual Traffic Control Plan at the Pre-
Construction Conference. This preliminary plan shall identify the phases of construction
that the DESIGN / BUILD FIRM plans to proceed with and identify traffic flows during
each Phase. The DESIGN / BUILD FIRM will be required to submit a detailed plan
showing each Phase's Maintenance and Protection Plan prior to starting construction of
any Phase.
B. The DESIGN / BUILD FIRM shall submit a weekly Traffic Impact Plan to the CITY by
Wednesday of each week to allow for notification of anticipated road closures to public
entities located in and doing business in the project area. The Traffic Impact Plan shall
identify streets that are under construction and construction activities that may impact
vehicular and pedestrian traffic.
C. The Maintenance of Traffic Plans shall be prepared in accordance the Current Edition
of the Florida Department of Transportation Standard Specification for Road and Bridge
Construction, Florida Department of Transportation Design Standard for Road and
NEIGHBORHOOD NO.: 1—BISCAYNE POINT March 20, 2012
Bridge Construction, and the Miami-Dade County Public Works Department Manual for
Design and Construction.
D. The Maintenance of Traffic plan shall address pedestrian traffic as well as vehicular
traffic.
E. The DESIGN / BUILD FIRM, at all times, shall conduct the WORK in such a manner as
to insure the least obstruction to traffic as is _practical. Convenience of the general
public and of the residents.adjacent to the work shall be provided for in a satisfactory
manner, as determined by the CITY.
F. Fire hydrants on or adjacent to the WORK.shall be kept accessible to fire apparatus at
all times, and no material or obstruction shall be placed within twenty (20) feet of any
such hydrant.
G. All existing stop signs and traffic signalization shall be maintained in operating
conditions at all times during construction.
H. When permission has been granted by the City of Miami Beach Public Works
Department to close an existing roadway, the DESIGN / BUILD FIRM shall furnish and
erect signs, barricades, lights, flags and other protective devices, which shall conform
to the requirements, and be subject to the approval of the jurisdictional agency. The
DESIGN / BUILD FIRM shall furnish and maintain proper protective devices at such
location for the entire time of closure as the jurisdictional agency may direct. Signage
shall be affected one week before closure.
I. The DESIGN / BUILD FIRM shall furnish a sufficient number of protective devices to
protect and divert the vehicular and pedestrian traffic from working areas closed to
traffic, or to protect any new work. Failure to comply with this requirement will result in
the shut down of the work until the DESIGN / BUILD FIRM provides the necessary
protection.
J. In areas.where there are existing pavement markings, the DESIGN / BUILD FIRM shall
install temporary pavement markings any time traffic is diverted for a period of time that
will exceed one work day or as allowed by the City of Miami Beach Public Works
Department.
1.08 WORK SCHEDULE
A. Time is of the essence in completing this project. Because time is of the essence, the
DESIGN / BUILD FIRM shall commit the necessary resources to this project to
complete it in a timely manner. Note that a typical workday will be based on the hours
established in the CITY Noise Ordinance, for the specific zoned area. If the DESIGN /
BUILD FIRM wishes to work longer hours than those specified herein, it shall request
so, in writing, by Wednesday of the previous week for which the request is made. Due
to the residential nature of project area, the DESIGN / BUILD FIRM shall coordinate its
construction activities with the Miami-Dade County Public Schools and other private
and/or religious academic institutions to minimize disruptions to the flow of traffic during
drop-off and pick-up hours. WORK completed at other than regular working hours
should be easily observable by CITY staff on the subsequent day. If the DESIGN /
NEIGHBORHOOD NO.: 1—BISCAYNE POINT March 20,2012
BUILD FIRM proposes to complete work that will be "covered up" after normal working
hours, it shall reimburse CITY for costs associated with the observation of such work. .
B. The Construction progress will be measured with the construction schedule submitted
by the DESIGN / BUILD FIRM as specified in Section 01311. If the CITY determines
that the DESIGN / BUILD FIRM does not meet the Critical Path Method (CPM)
schedule, the DESIGN / BUILD FIRM shall be required to commit those resources
necessary to ensure the completion of the project in a timely manner. All costs incurred
to implement measures to complete the WORK in timely manner shall be borne by the .
DESIGN / BUILD FIRM.
C. Whenever a reference to number of days is noted, it shall be construed to mean
calendar days.
1.09 COMPUTATION OF CONTRACT TIME
A. It is the DESIGN / BUILD FIRM's responsibility to provide clear and convincing .
documentation to the CITY as to the effect additional WORK will have with respect to
additional contract time extension requirements. If additional quantities of .WORK can
be carried out concurrent with other existing construction activities without disrupting
the critical path of the project then no contract time extension will be granted.
B. The DESIGN / BUILD FIRM is obligated to provide documentation to the CITY if
additional elements of WORK affects the critical path of the project. If WORK set forth in
the original scope of the project is deleted, the contract time may be reduced. This
contract is a calendar day contract. While the DESIGN / BUILD FIRM may be granted
time to suspend WORK operations for vacations or holidays, contract time will not be
suspended. During suspensions, the DESIGN / BUILD FIRM shall be responsible for all
maintenance of traffic and liability without additional compensation from the CITY. In
addition, DESIGN / BUILD FIRM shall comply with timely notice requirements as
specified in the General Conditions.
1.10 PRE-CONSTRUCTION CONFERENCE
Prior to the start of construction activities, a Pre-Construction Conference will be held
between the DESIGN / BUILD FIRM, CITY, other interested agencies, representatives
of utility companies and others affected by the WORK. The time and place of this
conference will be set by the CITY. The DESIGN / BUILD FIRM shall take to the
conference a copy of its preliminary WORK schedule for review and comment by the
CITY. The schedule shall include sequences of operation and time schedule.
1.11 UTILITY LOCATIONS
A. To the extent possible, some existing utility lines in the project area have been shown
on the conceptual plans. However, neither the Original Design Consultant or the CITY
guarantee that all lines are shown, or that said lines are shown in their true location. It
shall be the DESIGN / BUILD FIRM's responsibility to identify and locate and relocate /
design around all underground and/or overhead utility lines or equipment affected by
the project. No additional payment will be made to the DESIGN / BUILD FIRM because
NEIGHBORHOOD NO.: 1—BISCAYNE POINT March 20,2012
01010-8
of discrepancies in actual and plan shown / not shown location of utilities and damages
suffered as a result thereof of lines shown on the plans.
B. The DESIGN / BUILD FIRM shall notify each .utility company with known / suspected
utilities in the Project area at least thirty.(30) days prior to the start of construction to
arrange for positive underground location, relocation or support of its utility where that
utility may be in conflict with or endangered by the proposed construction. Relocation of
water mains or other utilities for the convenience of the DESIGN / BUILD FIRM shall be
paid for by the DESIGN / BUILD FIRM. All charges by utility companies for temporary
support of their utilities and permanent utility relocations to avoid conflict shall be the
responsibility of the DESIGN / BUILD FIRM and the utility company involved.
C. The DESIGN./ BUILD FIRM shall schedule and coordinate its WORK in such a manner
that it is not delayed by the utility companies relocating or supporting their utilities. No
compensation will be paid to the DESIGN./ BUILD FIRM for any loss of time or delay.
D. All overhead, surface or underground structures and/or utilities encountered are to be
carefully protected from damage or displacement. All damage to said structures and/or
utilities is to be completely repaired within a reasonable time- needless delay will not be
tolerated. The CITY reserves the right to remedy any damage by ordering outside
parties to make repairs at the expense of the DESIGN / BUILD FIRM. All repairs made
by the DESIGN / BUILD FIRM are to be made to the satisfaction of the Utility Owner
and shall be inspected by a representative of the Utility Owner and the CITY.
E. A minimum of forty-eight (48) hours before excavating, the DESIGN / BUILD FIRM
should call Sunshine State One Call of Florida Inc., and a locator will be dispatched to
the WORK location. The DESIGN / BUILD FIRM shall coordinate with the utility
companies not included in the Sunshine State One Call of Florida, Inc. location service.
1.12 LINE AND GRADE
The DESIGN / BUILD FIRM shall provide vertical and horizontal control for layout of the
WORK in the form of bench marks and reference points located adjacent to the WORK.
From these controls provided, the DESIGN / BUILD FIRM shall develop and make all
detailed surveys needed for construction and shall establish all working points, lines
and elevations necessary to perform the WORK. This surveying WORK shall be
supervised by a Professional Land Surveyor registered in the State of Florida.
1.13 PROTECTION AND RESTORATION OF SURVEY MONUMENTS
The DESIGN / BUILD FIRM shall carefully protect from disturbance all survey
monuments, stakes and bench marks, whether or not established by it, and shall not
remove or destroy any surveying point until it has been properly witnessed by a
representative of the CITY. All major survey monuments that have been damaged by
the DESIGN / BUILD FIRM such as section corners, 1/4 section corners, property
corners or block control points, shall be replaced at the DESIGN / BUILD. FIRM's
expense with markers of a size and type approved by the CITY. All replacements shall
be under the supervision of a Florida Registered Land Surveyor. The DESIGN / BUILD
NEIGHBORHOOD NO.: 1—BISCAYNE POINT March 20,2012
01010-9
FIRM shall document survey monuments prior-to construction and submit the location
and type of all markers to the CITY.
1.14 EQUIPMENT
All equipment necessary and required for the proper construction of all work shall be on
the construction site, in first-class working condition.
1.15 OWNERSHIP OF EXISTING MATERIALS
All materials removed or excavated from the job site shall remain the property of the
CITY until released by the DESIGN CRITERIA ENGINEER / PROGRAM MANAGER,.at
which time -.it shall become the property of the DESIGN / BUILD FIRM, who shall
dispose of it in a manner, complying with all applicable jurisdictional requirements.
1.16 EXCESS MATERIAL
All vegetation, debris, concrete or other unsuitable materials shall be disposed of off-
site in approved areas provided by the DESIGN / BUILD FIRM. Storage of unsuitable
materials on site shall not-be allowed. All unsuitable materials are to be removed from
work site as they are generated. Any excess material desired to be retained by the
CITY shall be delivered by the DESIGN / BUILD FIRM to a designated area within a 5
mile radius of the project, at no extra cost to the CITY.
1.17 AUDIO-VISUAL PRECONSTRUCTION RECORD
A. General:
1. The DESIGN / BUILD FIRM shall engage the services of a professional
electrographer. The color audio-video documents shall be prepared by a responsible
commercial firm known to be skilled and regularly engaged in the business of
preconstruction color audio video documentation. The electrographer shall furnish to
the CITY a list of all equipment to be used for the audio-video taping i.e.,
manufacturer's name, model number, specifications and other pertinent information.
Additional information to be furnished by the electrographer are the names and
addresses of two references that the electrographer has performed color audio-video
recording for on projects of a similar nature within the last 12 months.
2. Prior to beginning the WORK, the DESIGN / BUILD FIRM shall have a continuous
color audio-video recording taken along the entire length of the project to serve as a
record of preconstruction conditions. No construction shall begin prior to review and
approval of the tapes covering the construction area by the CITY. The CITY shall
have the authority to reject any and/or all portions of the video tape not conforming to
the specifications and order that it be redone at no additional cost to the Project. The
DESIGN / BUILD FIRM shall reschedule unacceptable coverage within five days
after being notified. The CITY shall designate those areas, if any, to be omitted from
or added to the audio-video coverage.
B. Equipment:
NEIGHBORHOOD NO.: 1—BISCAYNE POINT March 20,2012
01010-10
1. All equipment, accessories, materials and labor to perform this service shall be
furnished by the DESIGN / BUILD FIRM.
2. The total audio-video system shall reproduce bright, sharp, clear pictures with
accurate colors and shall be free from distortion, tearing, rolls or any other form of
imperfection. The audio portion of the recording shall reproduce the commentary of
the camera operator with proper volume and clarity and be free from distortion and
interruptions.
3. When conventional wheeled vehicles are used, the distance from the camera lens to
the ground shall not be less than twelve feet. In some instances audio-video tape
coverage may be required in areas not accessible by conventional wheeled vehicles.
Such coverage shall be obtained by walking or special conveyance approved by the
CITY and DESIGN CRITERIA ENGINEER / PROGRAM MANAGER.
4. The color video camera used in the recording system shall have a horizontal
resolution of 300 lines at center, a luminance signal to noise ratio of 45 dB and a
minimum illumination requirement of 25 foot-candles.
C. Recorded Information -Audio:
Each CD shall begin with the current date, project name and municipality and be
followed by the general location, i.e., name of street, house address, viewing side
and direction of progress. The audio track shall consist of an original live recording.
The recording shall contain the narrative commentary of the electrographer, recorded
simultaneously with his fixed elevation video record of the zone of influence of
construction.
D. Recorded Information -Video
1. All video recordings must, by electronic means, display continuously and
simultaneously generated with the actual transparent digital information to include
the date and time of recording, and station numbers as shown on the drawings. The
date information shall contain the month, day and year. The time information shall
contain the hour, minutes and seconds. Additional information shall be displayed
periodically. Such information shall include, but not be limited to, project name,
contract number, name of street, house address, direction of travel and the viewing
side. This transparent information shall appear on the extreme upper left hand third
of the screen.
2. All recording shall be made during times of good visibility. No recording shall be
made during precipitation, mist or fog. The recording shall only be done when
sufficient sunlight is present to properly illuminate the subjects of recording and to
produce bright, sharp video recordings of those subjects.
3. The rate of speed of the vehicle used during taping shall not exceed 10 miles per
hour. Panning, zoom-in and zoom-out rates shall be sufficiently controlled to
maintain a clear view of the object.
NEIGHBORHOOD NO.: 1—BISCAYNE POINT March 20,2012
01010-11
4. Record coverage shall include all surface features located within the zone influence
of construction supported by appropriate audio coverage. Such coverage shall
include, but not be limited to, existing driveways, sidewalks, curbs, pavements,
ditches, mailboxes, landscaping, culverts, fences, signs and headwalls within the
area covered. Particular attention should be paid to those items outside or adjacent
to the work limits that may become damaged during construction.
1.18 ADJUSTING EXISTING VALVES, METERS, CATCH BASINS, AND MAINTENANCE
ACCESS STRUCTURES (i.e. MANHOLES)
It shall be the DESIGN / BUILD FIRM's responsibility to coordinate and have all
adjustments made to existing water meters, valves, and structures encountered
during construction, to meet all final grades, unless otherwise instructed by the
respective utility owner. All valves and maintenance access structures shall be
accessible during all phases of the WORK for emergency access. Omission of such
structures from the conceptual plans does not relieve the DESIGN / BUILD FIRM
from making such adjustments as may be deemed necessary.
1.19 CONFLICT STRUCTURES: The DESIGN / BUILD FIRM shall abide by the following
criteria concerning conflicts between new drainage, water, or sewer construction and
existing utilities.
A. The DESIGN / BUILD FIRM shall verify the location of all utilities suspected of being
potential conflicts prior to ordering materials for these locations.
B. Where an existing utility is to pass through a conflict structure, the DESIGN / BUILD
FIRM shall protect the utility from damage by whatever means the utility owner deems
necessary.
C. In no case shall there be less than 0.3 feet between any two (2) pipe lines within the
structure or between pipe lines and the structure.
1.20 ENVIRONMENTAL PROTECTION
A. The DESIGN / BUILD FIRM shall furnish all labor and equipment and perform all
WORK required for the prevention of environmental pollution during and as a result of
the WORK under this contract. For the purpose of this contract, environmental pollution
is defined as the presence of chemical, physical, or biological elements or agents which
adversely affect human health or welfare; unfavorably alter ecological balances of
importance to human life, affect other species of importance to man, or degrade the
utility of the environment for aesthetic and recreational purposes. The control of
environmental pollution requires consideration of air, water, land and involves noise,
solid waste management and management of radiant energy and radioactive materials,
as well as other pollutants.
B. The DESIGN / BUILD FIRM shall take all steps necessary to protect water quality in the
connected waters around the project. Silt screens shall not be removed until the
turbidity of the affected waters is equal to or lower than the ambient turbidity of
undisturbed segments of adjacent surface waters.
NEIGHBORHOOD NO.: 1—BISCAYNE POINT March 20,2012
01010-12
C. The DESIGN / BUILD FIRM shall implement a Stormwater Pollution Prevention Plan in
accordance with the Florida Department of Environmental Protection minimum
requirements. The DESIGN / BUILD FIRM shall obtain and prepare all documents
necessary to obtain a Florida Department of Environmental Protection National
Pollution Discharge Elimination System Permit for Construction Activities. All cost
associated with this activity shall be included in the Lump Sum Bid Price.
D. All protection requirements covered by this subsection shall be in compliance with all
applicable jurisdictional agency requirements.
1.21 VIBRATORY COMPACTION
A. The use of vibratory compaction equipment shall be limited to a total gross weight of
three (3) tons. The use of vibratory equipment shall be limited to compacting backfill of
utility trenches and subgrade of roadways only. If approved in writing by the CITY,
larger vibratory compaction equipment may be allowed if operated in a static mode
only. The DESIGN / BUILD FIRM shall be responsible for addressing and settling all
damages / claims that may result from its compaction activities on the surrounding
neighborhood and its residents.
1.22 REPORTING OF DAMAGE CLAIMS
The DESIGN / BUILD FIRM shall keep the CITY informed of any damage claims made
against the DESIGN / BUILD FIRM during the construction period. All claims for
automobile damage, property damage and/or bodily injury will be reported to the CITY
within 24 hours of receipt of notice. DESIGN / BUILD FIRM will conduct a timely
investigation of the claim and determine if they will honor claim and/or report to their
insurance carrier and provide periodic updates, each quarter, until final disposition of
claims. The DESIGN / BUILD FIRM will advise the CITY in writing of its decision/referral
to carrier.
1.23 PERMITS
A. It shall be the DESIGN / BUILD FIRM's responsibility to secure all permits of every
description required to initiate and complete the work under this Contract, except for
permits obtained by the CITY.
B. The DESIGN / BUILD FIRM shall furnish signed and sealed sets of Contract
Documents for permit use as required.
C. The DESIGN / BUILD FIRM shall furnish to the CITY copies of all permits prior to
commencement of work requiring permits.
D. The DESIGN / BUILD FIRM shall be responsible for procuring extension permits as
required throughout the duration of the project.
E. The cost for Permit Fees shall be included in the guaranteed maximum price.
NEIGHBORHOOD NO.: 1—BISCAYNE POINT March 20,2012
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1.24 DIMENSIONS OF EXISTING FACILITIES
Where the dimensions and locations of existing improvements are of critical importance
in the installation or connection of new work, the DESIGN / BUILD FIRM shall verify
such dimensions and locations in the field prior to the fabrication and/or installation of
materials or equipment which are dependent on the correctness of such information.
PART 2 - PRODUCTS (Not Applicable)
PART 3 - EXECUTION (Not Applicable)
- END OF SECTION
NEIGHBORHOOD NO.: 1—BISCAYNE POINT March 20,2012
01010-14
Attachment 2 °
SETTLEMENT AGREEMENT AND MUTUAL RELEASE BETWEEN
DAVID MANCINI & SONS, INC. AND THE CITY OF MIAMI BEACH, FLORIDA
This Settlement Agreement and Mutual Release ("Agreement') is made and entered into
this day of March, 2012 ("Effective Date"), by and between DAVID MANCINI & SONS,
INC., a Florida corporation, (hereinafter "DMSI") and the CITY OF MIAMI BEACH,
FLORIDA, a municipal corporation (hereinafter, the "City"). DMSI and the City may also be
referred to individually as a"Party", and collectively as the"Parties."
RECITALS
WHEREAS, DMSI and the City are parties to a construction contract, dated April 4`h,
2011 (the "Contract'), for Construction Services for the water main, storm water
collection/disposal, irrigation, electrical, lighting, curb/gutter, sidewalk, road reconstruction and
asphalt milling/resurfacing improvements of Biscayne Point — Neighborhood No. 1 Right-of-
Way Improvements Project, consisting of the Biscayne Point Island, Biscayne Beach, and
Stillwater Drive sub-neighborhoods, Miami Beach, Florida, and entered into pursuant to
Invitation to Bid No. 07-10/11 (hereinafter, the"Project'); and
WHEREAS, the Parties have agreed to a termination for convenience of the Contract,
due, in part, to construction design deficiencies and associated delays, as of the Effective Date of
this Agreement; and
WHEREAS, the Parties desire to settle all claims, disputes, past or present, regarding the
Project, regardless of responsibility, based upon the uncertainties of potential litigation and that
settlement is in the best interest of the City and its residents;
WHEREAS, the Parties further agree to waive any and all past and present claims
against the other, as it relates to this Project including, but not limited to, change order requests,
Page 1 of 8
delay claims, liquidated damages, back charges, requests for time extensions, as it relates to this
Project.
WHEREAS, the Parties agree to bear their own respective costs and attorney's fees as it
relates to this Settlement Agreement.
NOW THEREFORE, in consideration for the exchange of promises contained herein,
and for good and valuable consideration acknowledged herein, the Parties agree as follows:
1. The above Recitals are true and correct and are incorporated herein.
2. The Parties agree and acknowledge that the Contract amount was $10,907,758.61.
Five (5) change orders, totaling $561,744.43, were added to the Contract amount, for a revised
Contract amount of$11,469,503.04.
3. The Parties hereby agree to remove scope of work, in the amount of
$7,533,778.41, from the Contract amount. The remaining balance of$3,935,724.64 includes a
previous paid amount of $3,510,403.53, and an unpaid amount of $425,321.11. This unpaid
amount shall be used to fund the remaining scope in the Contract. Final completion of the
Contract is anticipated by June 29th, 2012. Retainage shall be held and released as per the
Contract terms and conditions for the remaining scope of work. Of the funding removed from
the Contract ($7,533,778.41), a credit of $825,177.00 shall be removed from the remaining
balance, leaving $6,708,601.00. Pursuant to Article 33 of the Contract, regarding value
engineering, the credit of $825,177.00 includes a $515,523.00 credit for the two (2) pump
stations and a $309,654.00 credit for the grates at the bulb-outs and the stamped asphalt, which
were deleted scopes of work.
4. In addition to the Contract amount listed above, the City has agreed to pay DMSI
the sum of $1,500,000.00, in consideration for settlement of all claims, whether expressly or
Page 2 of 8
implicitly raised by claimant DMSI, related to the Contract, as well as compensation in the
amount of$515,523.00, for DMSI's portion of the shared savings for the value engineering of
two (2) pump stations. These amounts, totaling $2,015,523.00 (also referred to herein as the
"Settlement Payment"), will be billable on the Effective Date of this Agreement. Payment will
be made within three (3) weeks of the Effective Date of this Agreement.
5. The Parties agree and acknowledge the remaining scope of work pending
completion under the Contract, which DMSI has agreed to complete is as follows:
a. All water improvements, excluding irrigation improvements;
b. All landscape removal within Biscayne Point Island;
C. All lighting improvements within Biscayne Point Island and Biscayne
Beach, excluding the Biscayne Point Island paver entrance, Stillwater Drive lighting and
the undergrounding of the Biscayne Beach Lighting System;
d. Demolition work associated with the above referenced improvements; and
e. General Conditions to complete the above-referenced improvements.
Attached hereto and incorporated herein as Exhibit "A" is the Total Project Summary
Spreadsheet.
6. The Parties agree and acknowledge that the following outstanding change order
will be executed by the Parties as part of the Contract as follows:
a. Change Order#5: Line item overruns for$54,014.26.
7. Prior to final payment, DMSI shall submit all required deliverables, warranties,
and guarantees for the Work performed as part of the Contract, which shall comply with the
terms and conditions of such Contract and associated technical specifications. Said deliverables
shall include, but not limited to:
Page 3 of 8
a. Four (4) full-size (24" x 36") hard copy sets and two (2) CDs (CAD files
or .dwg files) of the final as-builts, approved by the City's Public Works Department and
other regulatory agencies, as required. The hard copy sets shall be signed and sealed by a
registered Land Surveyor in the State of Florida;
b. Close-out of Final Punch List items;
C. Final Releases of liens arising out of the Work performed as part of the
original Contract;
d. Affidavit certifying that all suppliers, subcontractors and that all
indebtedness connected with the Work performed as part of the Contract have been paid
in full and/or satisfied;
e. Final consent of surety to final payment;
f. Proof that all permits, licenses and impact fees necessary for the
prosecution of the work undertaken as part of the Contract have been closed-out and paid
in full;
g. Certification that all insurance duration requirements shall be maintained
in force through the durations specified in the Contract;
h. Contractor's continual acceptance of the indemnification clause outlined
in Section 00800 "General Conditions", Article 6, as it relates to the Work performed as
part of the Contract;
i. Contractor's certification that Payment and Performance Bonds provisions
of the Contract, Section 008000, "General Conditions", Article 4, will be adhered to as it
relates to the work performed under the Contract.
Page 4 of 8
8. DMSI agrees that it remains responsible for any defects on the Project and all
applicable warranties pursuant to the terms of the Contract.
9. The Parties agree to cooperate fully and execute any and all supplementary
documents and to take all additional actions which may be reasonably necessary or appropriate
to give full force and effect to the basis and intent of this Agreement.
10. Upon payment of the Settlement Payment, DMSI releases, acquits and forever
discharges the CITY, including its affiliates and insurers, directors, officers, employees, agents
and attorneys, together with its heirs, executors, administrators, associates, representatives,
successors and assigns, from any and all past and present claims, demands, obligations, damages,
costs, expenses, actions and causes of action whether for compensatory, punitive, or other
damages, arising from or relating to the Contract and the Project, whether presently known or
unknown.
11. Except as provided in Paragraph 8 hereof, the City releases, acquits and forever
discharges DMSI, including its affiliates and insurers, directors, officers, employees, agents,
subcontractors, sureties, and attorneys, together with its heirs, executors, administrators,
associates, representatives, successors and assigns, from any and all past, present and future
claims, demands, obligations, damages, costs, expenses, actions and causes of actions, whether
for compensatory, punitive, liquidated or other damages, arising from or relating to the Contract .
and the Project, whether presently known or unknown. --#
12. This Agreement contains the entire agreement between the Parties as related to
the Contract and the Project. This Agreement replaces any prior or contemporaneous written or
oral representation or understanding about the terms of this Agreement. This Agreement may-
not be changed except in writing signed by the Parties or their respective attorneys. This
Page 5 of 8
Agreement shall be binding on and shall inure to the benefit of the respective successors and
assigns, if any, of each party.
13. This Agreement is being consummated in the State of Florida, and the
performance by the Parties hereto is in the State of Florida. This Agreement shall be governed
by and construed in accordance with the laws of the State of Florida. The venue for any legal
proceeding of any nature brought by either party against the other to enforce any right or
obligation under this Agreement, or arising out of any matter pertaining to this Agreement, shall
be in Miami-Dade County, Florida. The Parties expressly agree to waive a trial by jury in
any action to enforce this Agreement and that the Prevailing Party will be awarded reasonable
attorney fees and costs.
14. The Parties warrant to each other that they have read this Agreement and that they
understand this Agreement and that each have been represented by counsel before signing this
Agreement.
15. This settlement is further subject to and contingent upon the successful execution
by the City and DMSI of the negotiated Design/Build Contract, as stipulated in the City of
Miami Beach Resolution No. 2011-27809.
Page 6 of 8
IN WITNESS WHEREOF, the Parties have set their hands and seals on the day and date
first written above.
DAVID MANCINI & SONS, INC.
Attest:
Title:a �/
L I//G( 1&Ar,;A t
Secretary Print Name
OMB Nid�Z
Print Name
STATE OF FLORIDA
COUNTY OF MIAMI-DARE
The foregoing instrument was acknowledged before me this !�e day of>Z-4. -e-6
2012, by as of David Mancini & Sons, Inc., who is
personally known to me or who has produced (type of
identification).
Name: 616-t)
(Prin ame)
.•a�P OLGA SANCHEZ
Notary Public.Slate of Florida
My Comm.Expires Jan 31,2015 Notary Public-State of Florida
Commission s EE 56701 My Commission Expires: 1)11-111--20
.�
•��••4:•�t.•`�` Bonded Through National Notary Assn.
TY OF MIAMI PEACH, FLORIDA
,
Attest:
* INCORP ORATED: '9�
H 26 �01 ��,• ��-�r��e r o, �o i✓�r
City Clerk Print Name
APPROVED AS TO
0 FORM & LANGUAGE
Print Name & FOR EXECUTION
Page 7 of 8 3'
City Atto Date
STATE OF FLORIDA
COUNTY OF MIAMI-DADE
The foregoing instrument was acknowledged before me this day of ,
2012, by as of the City of Miami Beach, who is
personally known to me or who has produced (type of
identification).
Name:
(Print Name)
Notary Public—State of Florida
My Commission Expires
s
Page 8 of 8
EXHIBIT "All
Total Project Summary
597,512 Previously Executed JOC Contracts
5,951,247 Settlement :
11,1511-240 Design Build/GMP
17,700,000 1 Total Project Cost
Previously Executed JOC Contracts
250,197 84th Street Water Main
205,914 85th Street Water Services
141,401 Redesign of Stillwater Water Main-2nd 1,000 LF
597,512 Total JOC
Settlement
3,93S,72S Final Revised Contract Amount
825,177 Funding Allocation for scope credited
1,500,000 DMSI Settlement of Claims and Delays
(515,523) Credit for the Value Engineering of two Pump Stations
515,523 DMSI Portion for the Value Engineering of the two Pump Stations
Credit for the deletion of grates at bulb outs and Credit for Stamped
(309,654) Asphalt
5,951,247 Total Settlement Amount
Design Build / GMP
6,193,078 Remaining Balance from Original Contract
1,325,000 2.0 PWD Requests less JOC's issued
451,404 3.0 Misc.Owner Added Items less JOC's issued
124,000 5.0 Henedon Rd.Water line Replacement
1,330,100 6.0 New DCP Impacts
593,825 DB Risk&Construction Manager
870,400 A/E Design
263,433 Double Chamber Well Structures
11,151,240 Total Design Build Amount
Page 1 of 1
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