20170925 SM1MIAMIBEACH
Commission Meeting
SUPPLEMENTAL MATERIAL 1
(Special Commission Meeting on September 25,20171
City Halt, Commission Chambers, 3'd Ftoor, 1700 Convention Center Drive
September 13,2017
Mayor Philip Levine
Commissioner John Elizabeth Alem6n
Commissioner Ricky Arriola
Commissioner Michael Grieco
Commissioner Joy Malakoff
Commissioner Kristen Rosen Gonzalez
Comm issioner Micky Steinberg
City Manager Jimmy L. Morales
City Attorney Raul J. Aguila
City Clerk Rafael E. Granado
Visrt us at www.miamibeachfl.gov for agendas and video "streaming" of City Commission Meetings.
ATTENTION ALL LOBBYISTS
Chapter 2, Article Vll, Division 3 of the City Code of Miami Beach entitled "Lobbyists" requires the
registration of all lobbyists with the City Clerk prior to engaging in any lobbying activity with the City
Commission, any City Board or Committee, or any personnel as defined in the subject Code
sections. Copies of the City Code sections on lobbyists laws are available in the City Clerk's office.
Questions regarding the provisions of the Ordinance should be directed to the Office of the City
Attorney.
SUPPLEMENTAL AGENDA
C6 - Commission Committee Reports
C6 A REPORT OF THE JULY 10,2017 FINANCE AND CITYWIDE PROJECTS COMMITTEE MEETING:
1. FY 2017118 PROPOSED CAPITAL BUDGET DEVELOPMENT. 2. FY 2017118 CURRENT
SERVICE LEVEL BUDGET. 3. DISCUSSION REGARDING THE LIVING WAGE RATES FOR FY
2017118, IN ACCORDANCE WITH CHAPTER 2, ARTICLE VI, DIVISION 6, SECTION 2408, OF THE
clrY coDE'
Finance
Supplemental updated on 912012017
(Memorandum)
1
Supplemental 1, September 13, 2017 (Special Commission Meeting on September 25,2017)
R5 - Ordinances
R5 Y BUILDING PERMIT FEES:
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH,
FLORIDA, AMENDING CHAPTER 14, "ENTITLED "BUILDING REGULATIONS," DIVISION 2,
"PERMIT FEES," AT SECTIONS 14-61, 14-62 RELATING TO BUILDING PERMIT FEES
GENERALLY;WAIVING FEES FOR PHOTOVOLTAIC BUILDING PERMIT FEES;AND MODIFYING
THE FEE SCHEDULE CONTAINED IN APPENDIXA IN ORDERTO UPDATE CERTAIN BUILDING
FEES AND TO PROVIDE A PERMIT FEE REDUCTION OF 40% FOR MINOR, IN-KIND,
HURRICANE REPAIRS DUE TO HURRICANE IRMA, FOR A THREE MONTH PERIOD;
PROVIDING FOR REPEALER, SEVERABILITY, CODIFICATION, AND AN EFFECTIVE DATE.
R7 - Resolutions
R7 Q A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH,
FLORIDA, ACCEPTING THE RECOMMENDATION OF THE CITY MANAGER TO AWARD AN
AGREEMENT, PURSUANT TO REQUEST FOR PROPOSALS (RFP) NO. 2016-204-KB, FOR
DESIGN/BUILD SERVICES FOR A NEW PARKING GARAGE FACILITY AND RELATED
INFRASTRUCTURE FORTHE COLLINS PARK PARKING GARAGE, TO KVC CONSTRUCTORS,
tNc., wrTH THE GUARANTEED MAXTMUM PRTCE (GMP) tN THE AMOUNT OF $22,465,009.00;
AUTHORTZTNG A TEN PERCENT (10%) OWNER'S CONTTNGENCY FOR THE PROJECT rN THE
AMOUNT OF $2,246,500.90; AND FURTHER AUTHORIZING THE MAYOR AND CITY CLERK TO
EXECUTE A DESIGN BUILD AGREEMENT WITH KVC CONSTRUCTORS, INC.
Capital lmprovement Projects/Procurement
Supplemental updated on 9/1512017
(Add itiona! I nformation)
R9 - New Business and Commission Requests
R9 E CITYOF MIAMIBEACH CANVASSING BOARD MEMBERSHIP FORTHE CITY'S NOVEMBER2O1T
GENERAL, SPEC|AL, AND (tF NECESSARY) RUN-OFF ELECTIONS. (FOR INFORMATIONAL
PURPOSES ONLY, NO ACTION REQUIRED.)
Office of the City ClerUOffice of the City Attorney
Supplemental updated on 9/1912017
(Memorandum)
First Readinq
Deferred from May 17,2017 - R5 Q
R9 N DISCUSSION ON THE CONDITION
COLLINS AVENUE.
Building/Office of the City Attorney
Commissioner Ricky Arriola
Supplemental updated on 9/1912017
(Revised Memorandum & Ordinance)
OF THE LOG CABIN STRUCTURE LOCATED AT 8128
Property ManagemenVPlanning
Continued from July 26,2017 -RgZ
Supplemental updated on 91812017
(Memorandum & Attachments)
2
Supplemental 'l , September 13, 2017 (Special Commission Meeting on September 25,2017)
R9 Z DISCUSSION OF AN AMENDMENT TO THE AIR & SEA SHOW AGREEMENT WHICH WOULD
ALLOW THE EVENT PRODUCER TO EXPAND THE SHOW TO RUN FROM 10:00 A.M. - 9:30
P.M., INCLUDING TWO MAJOR TELEVISED CONCERT PERFORMANCES AND A FIREWORKS
DISPLAY ON BOTH SATURDAY AND SUNDAY EVENINGS; AND TO DISCUSS A POTENTIAL
INCREASE IN CITY RESOURCES TO SUPPORT THE LARGER PRODUCTION.
Tourism, Culture and Economic Development
Supplemental updated on 9/1512017
(Add itional I nformation)
3
THIS PAGE INTENTIONALLY LEFT BLANK
4
Agenda ttem CGA
MIAAAIBTACH
COMMISSION MEMORANDUM
TOr Mayor Philip Levine and Members of the City Commission
FRoM: Jimmy L. Morates, city Manager @.6.aa^
DATE: September fi,2417
SUBJECT: REPORT OT THE FINANCE AND CITYWIDE PROJECTS COMMITTEE (FCWPC)
MEETTNG ON MONDAY, JULY 10,W17
A rneeting of the Finance and City,vide Projects Committee was held on Monday July 10, 2017 at 2:30
p.m. in the Commission Chamber, 3rd Floor of City Hall. Commissioners in attendance: Cornmissioners
Ricky Arriola, Joy Malakoff, John Elizabeth Alemdn, and Micky Steinberg. Members from the
Administration and the public were also in aftendance.
MEETING OPENED AT 2:49 P.M.
BUDGET BRIEFING:
OLD BUSINESS
1. FY 2017118 Proposed Capital Budget Development
ACTION
Tarneka Otto Stewart, lnterim Budget Director presented the item. The following items were
requested by the committee.
Collins Park Rotundal Performing Arts Venue - Added this project and moyed
funding in the amount of $800,000 to the proposed column. As approved by
Commission, the Cultural Arts Council will oversee a flexible performing arts center; il
can be used for spoken word performances, theater in the round, a small dance
performance, an art installation, and a generally flexible, multi-use space.
Baywalk - South Bay Club, Bayview Terrace, Bay Garden Manor- As a result of the
dollars rnade available from funding a portion of the Maurice Gibb Park Redesign projecl
frorn the 2003 Parks GO Bond, moved funding for lhis project in the amount of $386,000
to the proposed colurnn to fund this project.
5e Street Flyover Lighting Enhancement - Moved funding in the amount of $148,779
to the proposed column to fund this project.
2. FY 20{7118 Proposed Current Service Level
ACTION
Tameka Otto Stewart, lnterim Budget Director presented the item. The following items were
requested by the committee.
Wo cra tomn|ie,d to prsvCing *xreil*ni prblic s*arce cro sr:lery ,'* all a;he live , wcrl, srd plcy in oo: vibrant, tr*pic*i, hittcrlr. c$fi,norif^
To leguest lhis material in aceessiblg format, sign langnage interpreters, information on acc*s for persons with disabilities, and/or any eccommodalion to revi€w
any dooment or Participate in a,ly city-sponsored proeeeding, please contact 305-60+24S9 (vc*ce) or 305-673-7218 (ITY) five days in adyancE lo initiate your
rcguest. fiY useB may also call 71'l (Florida Relay SeMce).
5
The following Education lnitiatives totaling $324,000 were added to the FY 2017118 CSL
Budget:
-Anti- Defam ation Le ag ue- $4, 000
-Com mon Th read s- $ 1 9, 000
-FlU Dual Enrollment- $62,000
-Miami Dade County Dual Enrollment- $28,000
-Nurse Enhancement lnitiative- $1 6,000
-Nurse I n itiative- Be havioral Health- $ 54, 000
-VPK Year 3- $141,000
As part of the development of the proposed FY 2017118 budget, departrnents were
requested to submit lists of potential reductions/efficiencies totaling 4 percent of their FY
2017118 CSL budgets. The list was reviewed by the City Manager and the Budget Office.
As a result of this review, the recornmended reductions/efficiencies totaling $2,003,000
for the General Fund were identified.
Enhancements totaling $504,000 for the General Fund were identified, which include:o City Prosecutor- $72,000o Living Wage lncrease- $56,000o Second AnnualYouth Music Festival- $12,000o Portable Luxury Restrooms for ITF Tennis Tournament- S24,000o Normandy Shores Neighborhood/Golf Course Security Guard Rover- $27,000o Professional Service for Comprehensive Plan (Planning Department)- $100,000o Film lncentive- $100,000o Lummus Park Cultural Activation and Programming- $100,000
Recommended reductions/efficiencies totaling $751,000 and $453,000 in enhancements
for the Resort Tax Fund were identified.
FINANCE AGENDA:
OLD BUSINESS
3. Discussion Regarding The Living Wage Rates For Fisca! Year 2017-2018, !n Accordance
With Chapter 2, Article Vl, Division 6, Section 2-408, Of The City Code
Commission ltem C4G, April26,2017
(Procurement)
Alex Denls, Procurement Director
ACTION
Alex Denis, Procurement Director presented the item. He explained the Committee explored two
indexing options available in the City Code. The first is increasing the living wage rate by the
one year change in the CPI or increasing the rate by the aggregate of all the years that there
have been no increases. The Committee also considered the rate that was proposed by SEIU.
He explained the Committee also asked for him to look into the rate at which the City can
mitigate the impact of the increases. Alex Denis said he looked into that. First was that they
looked at if there are any contracted employees that are at or above whatever rate is being
considered, in that case they would not receive an increase. Some of the reductions that were
talked about were security guards, the Tennis Center in North Beach, and he said he believes
that Sanitation was looking at reducing their use of temporary services. He said Parking is also
looking at reducing the parking attendants at garages due to the new gated control system.
Alex Denis said option 1, which is the single year increase, will cost about 9235,000.The catch
6
up option is estimated around $586,000, if the reductions are considered. The SEUI rate is
around $2,395,000. This option does not include possible increases that have to be made for
current City employees that are under the $16.60 rate. That impacts about $150,0000.
Alex Denis explained how the phase-in would work. He said for option 2, the current rate is
$13.31, the option 2 rate would be $14.06, so we would basically be taking the impact of that
dividing it out by 3 years, which is $195,000 a year. ln this option we would be paying for what
was phased-in this year plus the CPI increase for that year. lt is kind of a double payment in
years 2 and 3. The same would be for option 3, it is just a bigger impact for years 2 and 3.
Discussion held.
Alex Denis explained the catching up. He said in FY 15/16 the Commission did not approve a
living wage increase. The Code allows us to catch up and see what the CPI increases were in
those years that did not receive a living wage increase and then give those in the year an
increase would be implemented in.
Commissioner Arriola explained how health care has grown whereas CPI rernains negligible. He
said we are now trying to narrow the delta that has been accumulating over many years.
Alex Denis said one of the recommendations that SEIU made was to consider a different index
for the healthcare, which make sense because there is a specific CPI index for medical
services. lnstead of taking whatever CPI is used for the change in the rate you would apply the
medical index in the change of the healthcare benefit. Often the CPI increase for medical care is
usually higher than all of the other categories.
Commissioner Arriola said that we can use the overall blended CPI for wages and the medical
CPI for the medical portion. Alex Denis confirmed.
Commissioner Alem6n agrees with Commissioner Arriola,
Commissioner Arriola said if we want a living wage to provide for workers and families, then the
appropriate thing to do is to recognize healthcare costs have spiraled out of control and we have
to accommodate for that. He said that because the money is tight in the budget he would be
inclined to look at the phase-in approach for option 2. He said it includes doing the catch up of
the $0.75 an hour and phase it in over a 3 year period, which still adds up to 9195,000.
Commissioner Malakoff agrees with option 2.
Commissioner AlemSn asked where Miami and Miami Dade-County are on these numbers.
Alex Denis said Miami is currently at $15 and Miami Dade-County is at $15.52, but he thinks
theyapproved $16.16.
Li[ from SCIU said they did that by fixing the healthcare CPI index, so that way it will match
with the market trends with health care prices. lt also helps the County with not having to
continually revisit this and bring it back and vote,
Commissioner AlemSn said she would lean towards going with the catch up option 2, phased-in
and using the CPI higher index that is more relevant and probably wouldn't go for the automatic
index. She said she would want it to be a discrete action each year to provide the administration
7
a chance to lel the Commission deliberate. That way if something happens there is an intercept
point for the City Manager to let the Commission know.
VOTE OF ACCLAMATION TO MOVE FORWARD WITH OPTION 2 PHASED.IN
Meeting adjoumed at 6:01 p.m.
JLM/JWMTG
8
Asenda rtem RS Y
Date 1-zj^i7
,i\AIA/\,TtBEACH
BUilding Depaftment, rzoo c**r,ti* c€nts Dnve, Miami Beach. Ftdda 33139
TO: Mayor Philip Levine and Members of thq City
COMMISSION MEMORANDUM
FROM: Ana M. Salgueiro, Building Official ^ La-w,DATE: September 25,2017 \ -/' /
SUBJECT: AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF
THE CITY OF MIAMI BEACH, FLORIDA, AMENDING CHAPTER 14,.,ENTITLED "BUILDING REGULATIONS," DIVISION 2, "PERMlr
FEES," AT SECTIONS 14-61, 14-62 RELATING TO BUILDING
PERMIT FEES GENERALLY; WAIVING FEES FOR
PHOTOVOLTAIC BUILDING PERMIT FEES; AND MODIFYING THE
FEE SCHEDULE CONTAINED IN APPENDIX A IN ORDER TO
UPDATE CERTAIN BUILDING FEES AND TO PROVIDE A PERMIT
FEE REDUCTION OF 4OO/O FOR MINOR, !N'KIND, HURRICANE
REPAIRS DUE TO HURRICANE IRMA, FOR A THREE MONTH
PERIOD; PROVIDING FOR REPEALER, SEVERABILITY,
CODIFICATION, AND AN EFFECTIVE DATE.
Background:
On June 2, 2014, the City of Miami Beach amended its fee code and irnplemented a new fee
schedule, to coincide with the City's new building permit software system, and modified certain
fees to better reflect actual costs.
Analysis:
The Building Department continues to review the fee schedule on an annual basis and the
Building Official has determined that a more efficient, effective and transparent way to assess
fees is necessary. As such, the Building Otficial recommends the following amendments to the
City Code:
. Reduce fees for owners hiring private provider as required by the State Legislature, as
codified at amended section 553.791, F.S., by reducing the building permit fee by the
estimated cost savings to the department. The reduction for owners/contractors hiring
private providers for both Review & lnspection services will be 40% off of the calculated
building permit fee; and the reduction for owners/contractors hiring private providers for
only lnspection services wilt be 25o/o off of the calculated building permit fee. The fiscal
impact of these reductions to City revenue is estimated at $1.1 million.
9
Permit Fee Ordinance
Page 2
Modifying the fee structure and percentages charged for Commercial and Residential
building permits. Currently, Commercial permits are charged 2% o'f the job value up to
$30 million and 1o/o on job values over $30 million. This modification would increase the
first tier range to $35 million and reduce the fee to 1.9% of the job value; the second tier
would have a range of $35 million to $100 million and the fee remains atlo/o; and the
addition of a third tier for job values over $100 million with a fee of 0.25Yo of the job
value. Residential permits are currently billed 1.8% up to $ 1 million in job value and 1%
over $1 million in job value. This modification would increase the range to $1.5 million
and reduce the fee to 1.7% of the job value for the first tier; and the second tier range
would increase to $1.5 million and the fee remains at 1% of the job value. This will
continue to be a tiered cumulative fee structure. The code change would reduce the fees
the Building Department would receive. As building fees are considered an enterprise
fund to be used to finance the actual cost of expenditures of the department, the
modification to the code would better reflect the actual reimbursable costs to the
department, and be consislent with the state guidelines for enterprise funds. The
estimated fiscal impact to the City would be an estimated reduction in revenue of
ap proxim ately $4 1 5,000.
Authorizing the Mayor and City Commission to direct the City Manager to be able to
waive building fees for City projects. Waiving of fees for City projects will allow more
projects to be completed without internal transfer of funds from other accounts into the
Building Department. There is no financial impact since the cosfs associated with the
permitwould remain in the City budget.
Waiving building fees for photovoltaic installations in order to encourage residents and
industry to use photovoltaic energy. This is in support of the City's efforts to increase
resilience and sustainability. Fiscal impact will be /ess fhan $2,000.00 per year.
lncreasing Phased permit fee. A Phased Permit is an authorization from the Building
Official to start construction before all plans are approved as defined in the Florida
Statutes and Florida Building Code. Ordinarily a phased permit is authorized for larger
sized projects (i.e.: to allow the foundation to proceed, while other phases of the large
project goes through permitting). Under the existing fee structure, and because of its
minimal cost, the phased permit process is being abused by applicants, often resulting in
the process being utilized by small-scale projects. The proposed fee increase is intended
to limit the abuse of the phased perrnit process. lt is estimated that Fiscal impact will
result in an increase in revenues of $25,000.
14-61(n)
Phase permits:
Commercial new construction 2$e9se5,000.00
Commercial alteration 1-'509so4,000.00
Residential new construction
Sinole Familv Residence
1+00s02.000.00
10
o Modifying and clarifying various fees to adjust fee amounts in a more efficient way such
as rounding, eliminating redundancy, etc. and to clarify descriptions of the fees. No
fiscal impact is anticipated by these minimal adiustments.
. Allowing for a three (3) month period a building permit fee reduction of 40o/o for minor, in-
kind, hunicane repairs due to Hurricane lrma.
This item was first introduced at the April 26, 2017 City Commission meeting. The Commission
deferred the item to the May 17, 2017 meeting, and then again to September 13, 2017.
Fiscal lmpact:
Overall the proposed Ordinance is expected to reduce revenues and require use of available
fund balance.
Recommendation:
The Administration recommends that the City Commission adopt the attached Ordinance.
AMS/ND
11
ORDINANCE NO.
AN ORDINANCE OF THE MAYOR AND GITY COMMISSION OF
THE GITY OF MIAMI BEAGH, FLORIDA, AMENDING CHAPTER 14,
"ENTITLED "BUILDING REGULATIONS," DIVISION 2, "PERMIT
FEES," AT SECTIONS 14-61 , 14-62 RELATING TO BUILDING
PERMIT FEES GENERALLY; WAIVING FEES FOR
PHOTOVOLTAIC BUILDING PERMIT FEES; AND MODIFYING
THE FEE SCHEDULE CONTAINED IN APPENDIX A IN ORDER
TO UPDATE GERTAIN BUILDING FEES AND TO PROVIDE A
PERMIT FEE REDUGTION OF 40% FOR MINOR, lN-KlND,
HURRIGANE REPAIRS DUE TO HURRICANE IRMA, FOR A
THREE MONTH PERIOD; PROVIDING FOR RETROACTM
APPLICATION TO FIRST READING, REPEALER,
SEVERABILITY, CODIFICATION, AND AN EFFEGTIVE DATE.
WHEREAS, the City of Miami Beach amended its fee code and implemented the new fee
schedule on June 2,2014i and
WHEREAS, in implementation of the City's building permit software system, it was
determined, that certain fees could not be entered into the system; and
WHEREAS, certain other fees were reviewed and modified to better reflect actual costs;
and
WHEREAS, due to Hurricane lrma, the City would like to reduce permitting fees for
a limited period of three months for property owners to seek permits for minor in-kind
repairs not exceeding $20,000; and
WHEREAS, in applying an ordinance retroactively (1) there is clear evidence of legislative
intent to apply the law retroactively, and (2) when allowed, the retroactive application is
consttutionally permissible, in that the new law does not create new obligations, impose new
penalties, or impair vested rights. Jasinskiv.CW of Miami,269 F.Supp.2d 1U1(SD Fla. 2003); and
WHEREAS, for purposes of determining whether the retroactive application of a municipal
ordinance impairs a vested right under Florida law, a vested right is defined as an immediate, fixed
right of present enjoyment, /d,; and
WHEREAS, the reduction in permitting fees is not the retroactive application of a tax; and
WHEREAS, the City is not interfering with a vested right obtained as a result of a final order
from a City Land Use Board, or permit already obtained under the Florida Building Code; and
WHEREAS, the amendments set forth below are necessary to accomplish the above
objectives.
NOW THEREFORE, BE IT ORDAINED BY THE MAYOR AND GITY GOMMISSION OF
THE CITY OF MIAMI BEAGH, FLORIDA:
SECTION {. Chapter 14, "Building Regulations,' Article ll, "Construction Fees," Division, "Permit
12
Fees," is hereby amended as follows:
Sec. 14-6{ Permitfees, generally.
(a) Levied. Permits, inspections and other fees of the building department of the city are hereby
levied and imposed and shall apply to building, plumbing, electrical and mechanical permits and
other activities undertaken by that department as specified in Appendix A. Permit fee line items
include, but are not limited to: buildinq. plumbins. electrical. and mechanical as well as those line
items associated with plannino, fire. and public works. ln addition. all permits will include line items
for outside aqencies: State of Florida. Department of Business and Professional Requlation (DBPR).
the City Manaoer to waive buildino oermit fees that include buildinq, plannins. public works. parkinq.
fire. and environmental permits that are directlv related to Citv proiects.
(g) /nspec tion tee nearly+ate. The inspe.r'o; ,";;*a**", shall be as specified in Appendix A;
+
.
(h) P/ans re-review fee. When extra plans reviews are due to the failure to correct €€d€tr#i€{ati€,ns
Florida Buildinq Code discipline requirements specifically and continuously noted in each rejection,
including, but not limited to, egress, fire protection, structural stability, energy, accessibility, lighting
ventilation, electrical, mechanical, plumbing, and gas systems, or other requirements identified by
the rule of the Florida Building Gommission, in compliance with F.S. S 553.80(2)(b), each time
after the third such review that plans are rejected for the same code vielatien requirement, a fee
feur tirnes the ameunt ef the prepertien ef the pe'mit fee
charged, per discipline, as delineated in Appendix A.
(i) Expedited plans review and inspection fee. Upon request from the applicant, the department may
schedule an expedited plans review or inspection, on an overtime basis by city staff. When such
service is provided, a fee as specified in appendlx A shall be charged, in addition to the regular
permit fee and other applicable fees. Expedited plan review service may be requested by the
applicant tedtl+a-+esl,plt+s*g.i*eurred at a charqe, per discipline, as delineated in appendix A. in
addition to the other applicable fees required for the
work.
(m)Electronic concunent plan processing.ln order to create a more efficient permitting process,
the building department wiltnnellbe implementing procedures to process plans electronically via
an automated workflow. Once implemented, the department will_ggy request that applicants
submit plans in an electronic format. lf the applicant chooses to submit paper plans, the director,
or his designee has the authority to invoice for reimbursement of the conversion of documents
submifted to an electronicformat
(o) Pivate provider fee. When a property owner uses the services of a licensed private company
for plan review and inspections services (Private Provider), the fee will be assessed as a regular
building permit with a discount of % &percent of the orlginal building permit fee. lf only the pla*
13
inspections are done by the Private Provider, then the fee will be assessed as a
regular building permit with a discount of 145 25 percent of the original building permit fee.
(p) Phofovolfaic waiver: All photovoltaic related buildinq permit fees will be waived to promote
the use of photovoltaic enerqv.
Sec. {4-62. Building permits.
(b) Refunds, time limitations, cancellations, change of contracfor. The fees charged pursuantto the
schedule in appendix A, provided the same are for a permit required by Section 105.1 of the Florida
Building Code, may be refunded by the building official subject to the following:
(1) No refunds shall bemade on requests involving:
a. @ permit fee(s) and upfront fee(s) [14-62(a)1 as specified
in Appendix A+r-{ess; or
b.Permitsforwhichplansreviewhascommenced@;or
f. Permits underwhich work has;r;"""d as evidenced by any recorded inspection
having been made by the depa*men+eity, unless the refund is due to an overcharge
by the citY.
***
++utt refun+tes+t+e ml
in
+fUt retuna rcss tfie
permit-fee, whiehever aneunt is greaterr reunde#dewn te the nearest-dellar; and any
issued) whe requests a -efund in writing wi*hin ene year ef Baymentr previded:
;
an+
eermit
14
(7) Where the permit is revol<ed, or becomes null and void, or expires because of lack of
work or abandonment, a new permit covering the proposed construction shall be
obtained before proceeding with the work, pursuant to Section 105.4.1.1 of the Florida
Building Code. lf no more than 180 days of the expiration date of the original permit has
passed, and no refund has been made according to this section, the applicant may apply
to renew the permit. The reapplication must be covering the same project and involving
the same plans, and must be submitted with the plans and the applicant's validated copy
of the original permit. A fee of 25 percent of the original permit fee, plus an additional
processing fee equivalent to the minimum permit f9e as specified in appendix A, shall be
charged for a renewal underthese circumstances
line items will be imposed.
For permits that have expired where the only missing component is one or more final
inspections, the fee for reopening the permit, performing the final inspection(s), and
providing a final approval on the permit shall be charged based on the minimum building
permit fee.
SECTION 2. Attached to this Ordinance is amended Appendix A, amending certain building
permit fees.
SECTION 3. CODIFICATION.
It is the intention of the Mayor and City Commission of the City of Miami Beach, and it is hereby
ordained that the provisions of this ordinance shall become and be made part of the Code of the
City of Miami Beach, Florida. The sections of this ordinance may be renumbered or re-lettered
to accomplish such intention, and, the word "ordinance" may be changed to "section", "article",
or other appropriate word.
SECTION 4. REPEALER.
All ordinances or parts of ordinances in conflict herewith be and the same are hereby repealed.
SECTION 5. SEVERABILITY.
lf any section, subsection, clause or provision of this Ordinance is held invalid, the remainder
shall not be affected by such invalidity.
SECTION 6. RETROACTIVE APPLIGATION . EFFECTIVE DATE.
This ordinance shall take effect immediately upon adoption of this ordinance, RETROACTIVE to
First Reading, September 25,2017, due to Hurricane lrma recovery efforts.
PASSED AND ADOPTED this day of 2017.
Philip Levine, Mayor
ATTEST:
APPROVEDAS TO
FORM & LANGUAGE
& FOR EXECUTION
'/////*,+
Date
Rafael E. Granado, City Clerk
15
First Reading: ,2017
Second Reading: ,2017
Underline = new language
Strit<etnrougn = deleted language
16
APPENDIX A. FEE SCHEDULE
FEE SCHEDULE
This appendix includes all fees and charges established by the City Commission that are referred to in
the indicated sections of the Code of Ordinances:
S€€tio+thisGe{le
Code Section
Description Amount
Subpart a. General Ordinances
Chapter 14. Building Regulations Part I
Division 2. Permit Fees
14-51(b)Double fees for starting work prior to issuance of permit,
plus the following PenaltY:
First offense +€g€9500.00
Second offense 2se€e1.000r00
Subsequent offenses +00e€s2.000.00
14-61(cX1)Reinspection fee:200.00
ln compliance with F.S S 553.80(2Xc), any subsequeht
reinspection after the first reinspection shall be charged
feur times the eest ef first inspeetien er firstsreinspeetien;
vuhiehever is greater, The eest-ef inspeetiens is ealeulated
reunded up te the heur
first tnsBeetien 0€0
Second and subsequent reinspection(s): Based en feur
tisres the eest sf first-inspeetien er first reinspeetieni
whiehever is ereater at a rate pursuant te tr4 64 (e)
200.00
ln€-
feur times theeest ef first inspeetien er first reinspeetien;
whiehever is greater, The eest ef inspeetiens is ealeulated
based+n-th+aetuat+ime
aetualtime ef inspeetien is reunded up te th*heur,
14-61(e)
14-61(f)
Commercial maior revisions 6 te€e or more pages 500.00
Com mercial total revision gJ-rpages
When determined bv the Buildine Officlal
50% of Original
Permit Fee
Residential maior revision 6 t+15 or more pases 200.00
Residential total revision :S-t+ages
When determined bv the Buildine Official
50% of Original
Permit Fee
14-61(h)Plans re-review fee:
First and second re-review 0.00
Plans re-review fee. Pursuant to the Florida Building
Commission, and in compliance with F.S. 5 553.80(2) (b),
17
when extra plans reviews are due to the failure to correct
code yie{ations reiections specifically and continuously
noted in each rejection, each time after the third such
review that plans are rejected for the same code
vielatiens reiections, a fee M
@ 5250 per discipline shall
be attributed to plans review.
14-61(i)
Expedited plan review and inspection fee: upon request
from the applicant the department may schedule an
expedited plans review @l+
basis-by department staff. Fee for each review e+
inss€€tie{+ cateso ry req uested.
2s0.00
1a-61(n)
Phase permits:
Commercial new construction 2p0e€95,0!008
Commercial alteration +5€9s04,000.00
Residential new construction
Sinele Familv Residence
{p0+€s2,000.00
14-61(p)Photovoltaic fees sq
M-62(al Up-front processing fee: Percent of estimated permit fee
or the minimum processing fee, whichever is greater.
Percent of estimated permit fee rounded up to the
nearest S5.00 increment
285Oo/o
Minimum up-front fee 50.00
L4-62lbl/,4l Chanse ofcontractor 100.00
14-62(b)(s)Chanse ofarchitect or ensineer 100.00
14-62(bx6)One time request for building permit extension (permit
must not be expired)
100.00
14-62(bX5)Additional request for building permit extension (permit
must not be expired): Percent of building permit fee line
item only
4oes0%
1a-62(c)Building permit fees:
Commercial Permit Fees for Buildinc Permits:
New Construction Minimum oermit fee 140.00
Alterations Minimum permit fee 100.00
Permit fee for a building whose estimated construction
cost is equal to or less than S3,g gS million is 23 1.9% of
the cost of construction as approved by the Building
Officialor his designee, plus 1.0% of the construction cost
for any amount over $3,e 35 million but less than or equal
to s100 million; and 0.25% of costs exceedine s100
million as approved by the Building Officialor his
designee.
Residential Permit Fees for Buildine Permits:
New Construction Minimum permit fee 120.00
Alterations Minimum permit fee 90.00
Residential: Single-family, Duplex:
Permit fee for a building whose estimated construction
cost is equal to or less than S+L.5 million is*-*L.7o/o of
18
the cost of construction as approved by the Building
Official or his designee, plus 1.0% of the construction cost
for any amount over S& 1.5 million as approved by the
Buildins Official or his designee
Temporary and Special Event Fees
Temporary platforms for public assembly, first approval {€4€g 150.00
Temporary bleachers for public assembly, first approval 9#150.00
Temporary platforms or bleachers for public assembly,
re-approval
2g€e100.00
Tents excludine electric and plumbing, per tent
. Up to 1,000 square feet +04491s0.00
. Each additional 1,000 square feet over 1,000 23*950.00
Tem pora ry structu re/trusses/statues (no electrica I or
plumbine included)
{gt€e150.00
Temporary chiller 4€2S9s00.00
Temporary generator 23+00500.00
Construction trailer, per trailer s6&9es00.00
Office trailer, per trailer 68e0s500.04
Temporary power for construction 2J5€e300.00
Temporarv power for test 48S9s200.00
Temporary multi-seat toilet trailer, per trailer 8€39100.00
Temporary individual toilel per event {*oes0.00
Amssement+id€s €€€e
Temperary eleetriewerle en eireusesrearnivalg per shsw 3#!=0e
14-66(1)Certificate of occupancy fees:
Residential units R-1, R-2, and R-3, per unit +tr€).€e150.00
All commercial occupancies except R-1and R-2, per
square foot
0€50.07
14-66(1)Temporarv certificate of occupancv or completion fees:
100 percent of final certificate of occupancy or
completion and letter of final comoletion fee plus the
cost of any additional required inspections. Additional
required inspections will be charge based on actual time
s pe nt o n i n s pectio n m u lti plie d by+h€+€s+ly+a*q-a€-
@
200.00
{,446+q
400€e
250S0
+A-€;rtd+Per+uildins 60s3s
Buildrng effi€ial apBreval ef6 rnenth extensien fer.
buildhe reeertifieatiens
5S0€O
L4 67(bl 26030
La-67(cl New inspection report fee if recertification not completed
within 90 days of building's being declared unsafe
9los300.00
t4-69 Employee training, education, safety, and technology
procurement and implementation for service
enhancement surcharge is 6 percent ofeach and every
19
Buildine permit fee
Chapter 66. Marine Structures, Facilities and Vehicles
Article lll. Piers, Docks and Boat Ramps
66-114(a)Plans review fee shall be consistent with 14-61(h)98-
g3{a)l$l*Up-front processing fee shall be consistent with
L4-62lal,
20
Agenda ltem R1A
Date _I:lElLr-,.-.I-.EII-----
I /00 Convention Cenler Drive, Miomi Beoch, Florido 33139, www.rniomibeochll.gov
OFFICE OF THE CITY MANAGER
September 5,2017
Kaufman Lynn Construction, lnc.
iharden@kaufmanlvnn. com Joshua Harden
4850 T-Rex Avenue, Suite 300
Boca Raton, Florida 33431
SENT VIA E-MAIL:
RE: REQUEST FOR PROPOSALS NO. 2OI6.2O4.KB DESTGN/BUILD SERVICES FOR A NEW
PARKING GARAGE FACILITYAND RELATED INFRASTRUCTURE FOR THE COLLINS
PARK PARKTNG GARAGE (*RFP")
Dear Mr. Harden:
This letter responds to Kaufman Lynn Construction, tnc.'s ("Kaufman") July 18, 2017 protest in
connection with the above-referenced RFP, as supplemented by the letter dated August'14, ZO1T,
submitted by Kaufman's counsel.
A copy of City's July 17, 2017 non-responsiveness determination is attached hereto as Exhibit ,,1
,,,and incorporated by reference herein. ln the City's July 17,2017 letter, the City notified Kaufman
that its proposal was nonresponsive, based on Kaufman's failure to comply witn tne mandatory
submission requirements for a completed Cost Tender Form, and specificaity, its taiture to include afully executed and notarized Section 1 of the Cost Tender Form, the proposal Certification. tn
addition, based on Kaufman's failure to submitthe required Section 1 of the bost Tender Form, the
City noted that it need not address Kaufman's submission of Section 2 of the Cost Tender Form,
which also implicated responsiveness issues, as instead of designating a price in the line item for
Site Remediation in Section 2 of the Cost Tender Form, Kaufman stated that Site Remediation was.NlC,'or not included.
ln its July 18, 2017 protest and subsequent letter, Kaufman makes the following principal
arguments, including that:
(i) the Proposal Certification, even though mandatory and part of the Cost Tender Form
required of all bidders, was not "material," and that Kaufman's failure to submit the completed CostTender Form was a mere technical irregularity that could be waived by city officials at their
discretion;
(ii) Kaufman claims_ that its employees did, in fact, submit the completed proposal
Certification, and therefore City should credit Kaufman and accept an untimely submission of the
fully completed and executed Cost Tender Form;
(iii) as to Kaufman's designation of "NlC" in a line item for'Site Remediation" in Section 2 of
the Cost Tender Form, the City should have somehow discerned, from the face of Kaufman,s bid,
that when Kaufman designated 'NlC,'or "not included,'forthe Site Remediation line item, Kaufman
really meant that pricing for this "not included" line item was in fact "included" in another line item;
and
(iv) the remaining proposals were also not responsive to the RFP, and therefore, City should
have simply ignored Kaufman's failure to submit a responsive proposal in accordance with the
RFP's plain requirements.
Weorecommilterltoprovd'ngexcellenl pubhc.sa'ivrceondsofe!loall w.hairve wort ondpioy,,rtcturvibront troprcol i.)istorLcomfi\tnt\
21
Letter to Kaufman Lynn
Septentber 5,2017
Page 2
The City, after review of Kaufman's protest, hereby denies Kaufman protest and, in support thereof,
concludes as follows:
First, as a threshold matter, the City notes that the Cost Tender Form for this RFP consisted of two
separate sections, namely (1) Section 1 - the Proposal Certification, which the proposers were
required to execute and notarize; and (2) Section 2, the Guaranteed Maximum Priceform. The RFP
clearly instructs all proposers to take notice of the importance of submitting the Cost Tender Form
properly. Specifically, Addendum No. 4 expressly instructs the proposers as follows:
"Failure to submit the attached Cost Tender Form shall render proposal non-
responsive, and said non-responsive proposa! shall not be considered by the
City."
See Addendum No, 4 (emphasis in original).
The City submits that the Proposal Certification, Section 1 of the Cost Tender Form, is a material
part of a propose/s submission and as such, the failure to submit the Proposal Certification is not a
minor irregulari$ that could be waived. A responsive vendor is one that submits a bid, proposal or
reply that conforms in all material respects to a solicitation. See, e.9., Section 287.012(26), Fla.
Stat., and Fla. Admin. Code R. 60D-5.002(18). A responsive bid is therefore submitted on the
correct forms, and contains all required information, signatures, and notarizations, and evidences a
bidder's promise, on the face of its bid, to provide the items or services called for by the bid.
ln Robinson ElectricalCo., lnc., v. Dade County,417 So. 2d 1032 (Fla. 3d DCA 1982), the court
appliedtwocriteriafordeterminingwhetheradeviationismaterial.Thefirstwas'Whetherthe effect
of a waiver would be to deprive the municipality of its assurance that the contract will be entered
into, performed and guaranteed according to its specified requirements, and second, whether it is of
such a nature that its waiver would adversely affect competitive bidding by placing a bidder in a
position of advantage over other bidders or by otherwise undermining the necessary common
standard of competition." /d. at 1034. The court further stated that "a variance is material if it gives
the bidder a substantial advantage over other bidders, and thereby restricts or stifles competition."
ld.
The Proposal Certification, which is part of the Cost Tender Form that includes the GMP price
proposal for the Project, is a material part of a proposer's submission. A signed and executed
Proposal Certification is essential to, and is the very instrument by which, the City is assured that the
contract will be entered into and performed according to its specified requirements. Further, by
submitting the fully completed and executed Proposal Certification, the City is further assured that
the Proposal, including speciflcally the proposed pricing set forth in the Cost Tender Form, is made
fairly and in good faith without collusion or fraud.
Waiver of the Proposal Certification requirements would place Kaufman in a position of advantage
over other bidders who, unlike Kaufman, completed and executed the Certification Form, agreed to
the RFP terms, and attested to its requirements. ln this regard, all proposers were on an equal
footing and had the same opportunities as Kaufman to read and utilize the Proposal instructions,
and submit the Proposal Certification, fully completed and executed. Kaufrnan's submission of an
incomplete CostTender Form, is notcurable, as doing so permitted Kaufrnan to opt in orout
of the process at its will, depriving the City of a valid offer and placing Kaufman, through its
omission, at a material advantage over other bidders who, unlike Kaufman, made firm ofhrs.
ln making the determination that Kaufman's proposal was non-responsive (consistent with the
22
Letter to Kaufman Lynn
September 5, 2017
Page 3
RFP's clear notice to proposers that the failure to submit the Cost Tender Form shall render a
proposal non-responsive), the City concludes that it appropriately exercised its broad discretion.
Under Florida law, an agency has wide discretion in its procurement decisions and its decisions,
when based on an honest exercise of discretion, will not be overturned even if it may appear
erroneous and even if reasonable persons may disagree. See Libefty County v. Baxtels Asphalt
and Concrete, lnc., 421 So.2d 505 (Fla. 1982); Depaftment of Transportation v. Groves-Watkins
Constructors, 530 So. 2d912-913 (Fla. 1988) (noting the "sole responsibility is to ascertain whether
the agency acted fraudulently, arbitrarily, illegally, or dishonestly").
Second, although Kaufman employees submitted affidavits as to its general procedures and the
process it followed in submitting its proposal, the fact remains that the Proposal Certification was
not in Kauftnan's sealed envelope when the Cost Tender Forms w6ro opened at the
Evaluation Gommittee meeting, for the first time, by the Procurement Officer assigned to this
RFP. Attached as Exhibit "2" is the affidavit submitted by Krista Bada, the Procurement Officer
responsible for this RFP. ln her affidavit, Ms. Bada outlines the City's intake process she followed
for receiving and holding the three proposals and sealed Cost Tender Forms the City received in
response to this RFP. ln her affidavit, Ms. Bada states that the Cost Tender Forms remained in her
possession from June 29, 2017, the proposal due date, through July 't 1, 2017, the date of the
Evaluation Committee meeting for the RFP. Ms. Bada further states that she did not open any of
the sealed Cost Tender Forms until she did so in the presence of the public, at the July 11 ,2017
Evaluation Committee meeting. Finally, Ms. Bada states in her affidavit that she immediately
noticed the Proposal Certification was missing, and that this omission prompted her to state, on the
record at the Evaluation Committee meeting, thatthe Cost Tender Forms still needed to be reviewed
for responsiveness, as each Cost Tender Form was being opened for the first time at this public
meeting.
Although Kaufman has submitted its employees' affidavits as to the process it follows in submitting a
proposal, in the absence of any facts indicating that the City somehow (1) opened the sealed Cost
Tender Forms in advance of the Evaluation Committee meeting; and (2) misplaced or deliberately
withheld Section 1 of Kaufman's Cost Tender Form, City, in an honest exercise of its broad
discretion, declines to disregard the plain requirements of the RFP, simply on account of assurances
submitted by a bidder's employees.
Third, Kaufman's designation of "NlC," or "not included," on the Cost Tender Form, further supports
City's conclusion of non-responsiveness. ln its July 18, 2017 protest, Kaufman clarified that the
designation uNlC,' as stated on its Cost Tender Form, indeed meant that Site Remediation was "not
included," but that the City should have somehow discerned, from the face of Kaufman's bid, that
when Kaufman indicated 'NlC,' or "not included," for the Site Remediation line item, Kaufman really
meantthat pricing forthe Site Remediation line item was in fact "included" in another line item, for
Existing Conditions. By stating on the face of the Gost Tender Form that pricing for an item was
'NlC,' or, as Kaufman has clarified, "not included," the City was within its broad discretion to
conclude that, based on the Cost Tender Form, as submitted, Kaufman qualified its bid by stating it
would provide something less than what was called for by the RFP.
Fourth, the City disagrees with Kaufman's suggestion that the other bidders were also non-
responsive, and that therefore, Kaufman's own non-responsiveness should be disregarded. With
respect to Plaza Construction, Kaufman submits this proposal is non-responsive because its total
proposed GMP cost exceeded City's budget. However, City never indicated in the RFP that a cost
proposal within the stated budget was a minimum requirement of the RFP, or even an issue of
responsiveness. Rather, the RFP clearly stated that cost proposals would be evaluated, and
weighted, in accordance with the evaluation criteria and the points allocated for pricing in the RFP.
Similarly, City rejects the suggestion that KVC Constructors, lnc. ("KVC") was non-responsive based
on its submission of a proposal for two (2) elevators, rather than the three (3) elevators required by
23
Letter to Kaulinan Lvnn
September 5, 2017
Puge 4
the RFP. The plans submitted by KVC as part of its proposal reflect three (3) elevators, and the
inclusion of the requisite three (3) elevators were confirmed by City procurement staff and the
Design Criteria Professionalfor the project,
Therefore, based on the foregoing, the City denies Kaufman's protest. Further, as set forth in the
Section 2-371 olthe City Code (the City's Bid Protest Ordinance) and, specifically, Section2-371(e)
thereof, the City Manager and City Attorney's determination with regard to issues of responsiveness
shall be binding upon the parties to the protest,
You may appeal my decision by filing an original action in the Circuit Court of the Eleventh Judicial
Circuit in and for Miami-Dade County, Florida, in accordance with the applicable court rules and,
with regard to any such action, the City reserves all rights that may be available to it at law and in
equity.
Should you need additional information pertaining to matters of process or procedures, please
contact the Procurement Director, Alex Denis, at (305) 673-7000 ext. 6641, or e-mail:
c: Alexander l. Tachmes, Esq.
Raul Aguila, City Attorney
Rafael Granado, City Clerk
Alex Denis, Procurement Director
We ore commllled to providing excellenl public serv,ce ond sof elv lc> oll wy'ro iive, wo* onJ yloy n <sur vibronl tctptcol htstottc conntunil'.,
24
t ExlrEIrEra-MIAMIBEACH
Procurament D€Porlmonlf 1755 Meridion Avenue, 3'o Floor, Miomi Beoch, Florido 33139, www,miomiboochil.gov, 305.673-7490
July 17,2017
Kaufman Lynn Construction, lnc.
Joshua Harden
4850 T-Rex Avenue, Suite 300
Boca Raton, Florida 33431
SENT VIA E-MAIL: iharden@kaufmanlvnn.corn
RE: REQUEST FOR PROPOSALS NO.2O16.2O4.KB DESIGN/BUILD SERVICES FORANEW
PARKING GARAGE FACILITYAND RELATED TNFMSTRUCTURE FORTHE COLLINS
PARK PARKTNG GARAGE (PHASE lt)
Dear Mr, Harden:
The City has reviewed the proposal (the "Proposal") submitted by Kaufman Lynn Construction, lnc.
(Kaufman), in response to the above-referenced RFP, The City finds that the Proposal submitted by
Kaufrnan was incomplete, as it failed to comply with the submittal requirements established in
Addendum No. 4 to the RFP. To begin with, Addendum No, 4 expressly notified Proposers as
follows:
Failure to submit the attached Cost Tender Form shall render proposal non.responslvo,
and said non-responslve proposal shall not be considEred by the Clty.
The City's required Cost Tender Fbrm, a copy of which is attached hereto as Exhibit "1,' consisted
of two separate sections, namely (1) Section 1 - Certification, which Proposerwas required to
executo and notarize (the "Proposal Certiflcation"), and (2)Section 2, for the Guaranteed Maxirnum
Price form. ln its Proposal, Proposer altogether failed to include the required Proposal Certification.
A proposalcontaining a materialvariance from the RFP requirements is unacceptable. Bgbjlson
Electric Co.. v. Dade Countv, 417 So. 2d 1032 (Fla 3d DCA 1982), ln determlning whether a specific
noncompliance constitutes a substantial, and hence nonwaivable, irregularity, the courts have
applied two criteria-first, whether the etfect of a waiver would be to deprive the municipality of its
assurance that the contract will be entered into, performed and guaranteed according to its specified
requirernents, and second, whether it is of such a nature that its walver would adversely affect
competitive bidding by placing a bidder in a position of advantage over other bidders or by otherwise
undermining the necessary common standard of competition. /d. af 1034.
Here, the instructions for completing the Cost Tender Form make clearthat"[f]ailure to submitthe
attached Cost Tender Form shall render [the] proposa! non-responslve, and sald non-
responslve proposal shall not be considsred by the City." See Addendurn No, 4 (emphasis in
original), Moreover, a signed and executed Certification Form is nonwaivable, as the executed
Proposal Certification is essential to, and is the very instrument bywhich, the City is assured that the
contract will be entered into and perforrned according to its specified requirements. Further, by
submitting the fully completed and executed Proposal Certification, the City is further assured that
the Proposal is "made fairly and in good faith without collusion or fraud." /d.
25
REQUEST FOR PROPOSATS t.IO. 2016-204-KB DESIGN/BUILD SERVICES FOR A NEW PARKING GAMGE FACILITY ANO RELATED
INFMSTRUCTURE FOR THE COLLINS PARK PARK|NG GARAGE (PHASE fl)
Pago2ol2
July 13, 20 1 7
The failure to submit the fully completed and executed Certification Form was a material variation
from the RFP that cannot be waived, as waiver of the Proposal Certification requirements would
place Kaufman in a position of advantage over other bidders who, unlike Kaufman, completed and
executed the Certification Form, agreed to the RFP terms, and attested to its requirements. ln this
regard, all proposers were on an equal footing and had the same opportunities as Kaufman to read
and utilize the Proposal inshuctions, and submit the PropdSal Certification, fully completed and
executed.
As permitting a variation of the foregoing requirements after the Proposal Due Date would deprive
the Ci$ of the assurance that the contract will be entered into in accordance with the RFP
requirements, and would undermine the common standard of competition, Kaufman's proposalmust
be rejected as non-responsive,l
Should you need additional information pertaining to matters of process or procedures, please
contact Kristy Bada at (305) 673-7000 ext. 6218, or e-mail: kristvbada@miamibeachfl.qov,
Enclosures:
Proposal Cover Page
Cost Tender Fonn submitted by Kaufman Lynn, lnc.
C: RafaelGranado, City Clerk
F:\PURC\$ALL\SollcltatlonsU0l6\2016-204-KB (RFP) DB Collins Park Garage\14 - Phase ll\6 - Responsivonass\Letter of Non-
Responsiveness - RFP 201 &204-KB ITS.SPS DBOM_KauinanLynn.doc
1 Because the Proposal is not responsive for failure to submit an executed and notarized Proposal
Certification, the City need not address the deflciencies in the Section 2 Guaranteed Maxlmum Price Form
that separately render the Proposal non-responsive, including, without limitation, the designation of 'NlC (the
meaning of which is not clear and was not contemplated by the RFP) in lleu of an amount in the line itern for
Site Remediation.
We ore commlrled lo ptoviding ercellent public sr'wba cnd solety A oll who live, vw*., ond phy in ou vy'b,ont, kopiccll, hlstoilc @nnunity.
6curement Director
26
EXHIBIT 1,
I\AIAMIBIACH
City of Miomi 8eoch, I 755 MEridion Avenue, 3d Floor, Miomi Booch, Florido 331 39, www.miomibeochfl.gov
PROCUREMENT DEPARTMENT
lal: 305473-7 490 Fox: 786-394-4002
ADDENDUM NO.4
REQUEST FOR PROPOSALS NO. 2016.204.K8
DESIGN/BUILD SERVICES FOR A NEW PARKING GAMGE FACILITY AND RELATED
INFRASTRUCTURE FOR THE COLLINS PARK PARKING GARAGE
(PHASE [)
Aprll28,2017
This Addendum to the above-referenced RFP is being issued to notify you that your proposal
was short-listed to proceed with Phase ll of Request for Proposals No,2016-204'KB
design/build services for a new parking garage facility and related infrastructure for the
Collins Park Parking Garage and to provide other clarifications and revisions issued by the
City. The RFP is amended in the following particulars only (deletions are shown by
strikethrough and additions are underlined).
I. ATTACHMENTS:
Cost Tender Form
Exhlbit B: Sample Deslgn Build Agreement
Any questions regarding this Addendum should be submitted in writlng to the Procurement
Department to the attention of the individual named below, with a copy to the City Clerk's
Office at RafaelGranado@miamibeachfl .gov.
Proposers are reminded to acknowledge receipt of this addendum as part of your RFP
submission, Potential proposers that have elected not to submit a response to the RFP are
requested to complete and return the "Notice to Prospective Bidders' questionnaire wlth the
reason(s) for not submitting a proposal.
inent Director
REQUEST FOR PROPOSALS NO. 2016.20+KB
DESIGNiBUILD SERVICES FOR A NEW PANKING GAIlAGE ACILITY AND NELATEO INTNASTRUCTURE FOR THE
COLLINS PARK PARKING GARAGE (PHASE II)
Telephone:
305-673-7000, ext. 621 8
27
EXHIBIT A
Revised Gost Tender Form
REQUEST FOR PROPOSALS NO. 2018.204.K8
DESIGI.I/BUILD SERVICES FOR A NEW PARKING GARAGE FACILITY AND RELATED INFRASTRUCTURE FOR THE
OOLLINS PARK PARKING GAMGE (PHASE II)
28
APPEN DIX E
&
i:iiiil,{i"A tlrA#-j
Cost Tender Form
RFP NO . 2A16-204-KB
DESIGN/BUILD SERVICES FOR A NEW PARKING
GARAGE FACILITY AND RELATED INFRASTRUCTURE
FOR THE COLLINS PARK PARKING GARAGE
PROCUREMENT DEPARTMENT
1755 Meridion Avenue, 3rd Floor
Miomi Beoch, Florido 33139
REQUEST FOR PROPOSALS NO. 2O1S2O+KB
DESIG[\UBUILO SERVICES FOR A NEW PARKING GARAGE FACILITY AN0 RELATEo INFRASTRUCTURE FOR THE
COLLINS PARK PARKING GARAGE (PHASE II)
29
Section 1 - Certification
The undersigned, as Proposer, hereby declares that the only persons interested in this proposal as principal are named herein
and that no person other than herein mentioned has any interest in this proposalor in the Contract to be entered into; that this
proposal is made without connection with any other person, firm, or parlies making a proposal; and that it is, in all respects,
made fairly and in good faith without collusion or fraud,
The Proposer further declares that it has examined the site of the Work and informed iiself fully of all conditions pertaining to the
place where the Work is to be done; that it has examined the Contract Documents and all addenda thereto fumished before the
opening of the proposals, as acknowledged below; and that it has satisfied itself about the Work to be performed; and all other
required information with the proposal; and that this proposal is submitted voluntarily and willingly.
The Proposer agrees, if this proposal is accepted, to contract with the City, a political subdivision of the State of Florida,
pursuant to the terms and conditions of the Contract Documents and to furnish all necessary materials, equipment, machinery,
tools, apparatus, means of transportation, and all labor necessary to construct and complete within the time limits specified the
Work covered by the Contract Documents for the Project entitled:
REQUEST FOR PROPOSALS (RFP) No. 2016-204-KB
OESIGN/BUILD SERVICES FOR A NEW PARKING GAMGE FACILIil AND RELATED INFMSTRUCIURE FOR THE
coLLtNS PARK PARKTNG GAMGE (PHASE lt)
The Proposer also agrees to furnish the required Performance Bond and Payment Bond or alternative form of security, if
permitted by the City, each for not less than the total proposal price plus alternates, if any, provided in the RFP Price Form in
Section 00408 and to furnish the required Certfficate(s) of lnsurance.
ln the event of arithmetlcal errors between the division totals and the total base proposal in the RFP Price Form, flre Proposer
agrees that the total base proposal shall govern. ln the event of a discrepancy between the numerical total base poposal and
the written total base proposal, the written total base pmposal shall govern. ln absence of totals submitted for any division cost,
the City shall interpret as no proposal for the division, whlch may disqualify the Proposer,
Name 0t Prop$efs Authodzed Representative:Tl0e 0f Propose/s Auhorlzed Representative:
S'gnature ol Proposeis Auhorlzed RepresenEtive:Dah:
State of FLORIDA
personally
0n this _day of 20-.,
)appeared before me who
stated that (s)he is the of
-,
a
corporation, and that the insbument was signed in behalf of he said corporation by authority of its board of
directors and acknowledged said instrument to be lts voluntary actand deed. Before me:
Notary Public for the Stale of Florida
My Commission Expires:
ADDENDUM NO.4
REQUEST FOR PROPOSALS NO. 2016.204.K8
OESIGI.UBUILD SERVICES FOR A NEW PARKING GARAGE FACILITY ANO RELATED INFRASTRUCTURE FOR THE
COLLINS PARK PARKING GAMGE(PHASE II}
30
Section 2 - GUARANTEED MMIMUM PRICE
REQUEST FOR PRoPoSALS (RFP)
N0,2016.204.K8
PHASE II
DESIGN/BUILD SERVICES FOR A NEW PARKING GARAGE FACILITY AND RELATED INFRASTRUCTURE FOR THE
COLLINS PARK PARKING GAMGE
FURTHER BREAKDOWN OF LINE ITEMS INDICATED MAY BE PROVIDED AT THE DISCRETION OF THE PROPOSER
REQUEST FOR PROPOSATS NO. 20.16.204.K8
DESIGN/BUILD SERVICES FOR A NEW PARKING GARAGE FACILITY AND RELATEO INFRASTRUCTURE FOR THE
COLLINS PARK PARKING GARAGE (PHASE II)
..i. J it, 1UNrj'I* '.._ LLSI
I's-. fii
"-8"#)--,1$l
01 50 00 Ternporary facilities And Controls LS 1 $$
02 00 00 Existing Conditions LS I $$
02 50 00 Site Remediation LS 1 $$
03 30 00 Concrete LS 1 $$
04 00 00 Mansory LS 1 $$
05 50 00 Steel & Misc. Metals LS 1 $$
05 50 00 Steel Canopies LS 1 U $
07 '10 00 Waterproofing LS 1 $$
08 10 00 Frames, Doors, & Hardware LS 1 $$
08 40 00 Curtainwall/Storefront LS 1 $$
09 20 00 Framino & Drywall LS 1 $$
09 30 00 Tile LS 1 $$
09 90 00 Painting & Coating LS 1 $$
10 00 00 Specialties LS 1 $$
11 00 00 Equiprnent LS 1 $$
12 00 00 Furnishinos LS 1 $$
14 00 00 Conveylng System LS 1 $$
21 00 00 Fire Suppression LS 1 $$
22 00 00 Plumblns LS 1 $$
23 00 00 HVAC LS 1 $$
26 00 00 Electrlcal LS 1 $$
27 00 00 Communications LS 1 $$
28 00 00 Safety and Security LS 1 $$
31 00 00 Earthwork LS 1 $$
33 00 00 Utilitles LS ,|$$
33 00 00 Off Site Civil Utility lmprovements LS 1 $$
33 00 00 Liberty Avenue Plaza (22 Street to 23 Street)LS 1 $$
33 00 00 Liberty Ave, lmprovement (North of 23 Street)LS 1 $s
33 00 00 23* St.lrnprovements (Collins Av. To Dade Blvd,)LS 1 $$
00 00 00 Other lterns Not Mentioned Above LS 1 $$
Bonds and lnsurance LS I $$
Desion Fees LS I $$
31
** ln the event of arithmetical errors between the division totals and the GMP , the proposer agrees that
the GMP shall govern.
AI\IY LETTERS, ATTACHMENTS, 0R ADOITIONAL INF0RMATI0N T0 BE CONSIDERED PART 0F THE PROPOSAL
MUST BE SUBMITTED IN DUPLICATE.
WRITTEN TOTAL:
PROPOSER (Print):
ADDRESS:
CITY/STATE:
FEDEML I.D, #:
NAME/TITLE OF REPRESENTATIVE (Print):
SIGNED:
(l certlty that I am authorlzed to cxecuto this proposal and commlt the proposing lirm)
REQUEST TOR FNOPOSALS NO, 201O-2O4.KD
DESIGN/BUILD SERVICES FOR A NEW PARKING GARAGE FACILITY ANO RELATED INFMSTRUCTURE FOR THE
COLLINS PARK PARKING GAMGE (PHASE II)
ZIP:
32
RFP N0. 2016-204-KB | (ity of Miami Beach
Design/Build Services for a New Parking Garage Facility and Related lnfrastructure for the
COLLINS PARK
PARKING GARAGE
Step 2 lJune 29,2017
KAUFMAN LYNN
CONSTRUCTION
WALKER
PARKING CONSUTTANTS
33
$rctlen 2,r GU.ABAN,TFED MAXIMUM PRICE
REQUEST FoR pRopo$At$ (RFP)
No,2016.204.K8
PHA$E II
DESIGNIBUILP SERVICES FORA NEW PARKING GARAGE FACILITYAND RELATED INFRA8TRUCTURE FORTHE
COLLINS PARK PARKING GARAGE
FURTHER BHEAKDOWN OF LINE ITEMS ]NDICATED MAY BE PROUDEN AT THE DI$CRETION OF THE PROPOSER
REOUEST FOR PROPOSALS NO. 2O1O-2O4.KB
DESiGN/BUILD SERVICE$ FOR A NEW PARKING GARAOE FACITITY AND RELATED INFRASTRUOTURE FOR THE
6OLLIN9 PARK FARKING GARAGE{PHAsE II)
01 00 00 GeneralCondltlons LS 1 $fi1,527,624
01 50 00 Ternporary facllities And Controle LS 1 $$ w/GC's
02 00 00 Exletlng Condltlons LS 1 $$ 528,765
02 50 00 Sito Remediatlon LS 1 $$Ntc
03 30 00 Conorete LS 1 $$ 7,160,5e0
04 00 00 Mansory LS 1 $$ 88,650
08 60 00 Steel & Mlsc. Metals t$1 $$ 108,324
05 60 00 Steel Canoples LS 1 $$2,666,963
0710 00 Waterprooflng LS 1 $$ 363,758
0810 00 Frames, Doors, & Hardware LS 1 $$ 45,143
08 40 00 Curtalnwall/Storefront LS 1 $$ 604,000
09 20 00 Framlns & Dryrvall LS 1 $$ 244,1es
09 30 00 Tilo LS 1 $$N/A
09 g0 00 Falntlng & Coatlng LS 1 $$ 151,000
10 00 00 Speclaltles LS I $$ 115,1e0
11 00 00 Equipment LS 1 $$ 70,000
12 00 00 Furnishincs LS 1 $$N/A
14 00 00 Conveylng System LS 1 $$ 660,450
21 00 00 Flre Supprosslon L8 I $$ 31s,379
22 00 00 'Plurnblno tS 1 $$ 342,618
23OOOO HVAC LS 1 $$ zs,ooo
26 00 00 Electrlcal L$1 $$ 1,75o,ooo
27 00 00 Communloations LS 1 $$ w/Electrical
28 00 00 Safety and SecuriU LS 1 $$ 78,000
g1 00 00 Earthwork rs 1 $$w/Exlslting Cond
33 00 00 Ulilitiee L$1 $$ 297,000
33 00 00 Off $lte Civil Utllity [mprovements LS 1 $$ esa,+o
33 00 00 Liberty Avenue Plaza (22 Sheet to 23 theet)LS I $$ 260,700
33 00 00 Libsrty,{ve, lmprovement (North of 23 Street)LS 1 $$
33 00 00 23ro St,lmprovements (Colllns Av. To Dade Blvd.)LS 1 $$ 355,330
00 00 00 Other ltems Not MentloneclAbovo LS 1 $$ 1,806,161
Bonds and lnsuranoe LS 1 $$ 505,866
Deslon Fees LS 1 $$ 1,614,750
34
Alternate Facade = Add $1 ,032,281** ln the evsnt of arithmetlcal orrors between tho division totals and the GMP , the proposer agreos that
the GMP shallgovern,
ANY LETTERS, ATTACHMENTS, OR ADDITIONAL INFORMATION TO BE CONSINERHD PART OF THE PROPOSAL
MUST BE SUBIVTITTED IN DUPLICATE.
WRITTEN 1614;, Twenty two million, nine hundredninety three thousand, eight hundred ninety six
pRoPosER (Prtnt):, . T.?'f'ln !Il1
ADDRE$S: jajo :feylvgnue, suite 300
CITY/$TATE: Boca Raton, FL ztft 19131
FEDERAL 1.P, 6, -,6looep115
NAMH/TITLE 0F REPRESENTATIVE (Prlnt):Michael Kaufman, President & CEO
$IGNEDI
(l coflfy thst I am authorlred h oxecute lhle proposal and commlt lho proposlng flnn)
REQUEST FOR PROPOSALS NO. 2016.204.rc
DESIGI.I/BUILD SERVICES FOR A NEW PARKTNG GARAGE FACILITY AND RELATED INFRASTRUCTURE FOR TI.IE
COLI.INS PARK PARKING OARAGE (PHA$E II)
35
GENERAI
This scope is intended to expand and/or clarify plan interpretation in instances where the plans are in conflict or silent,
Should the plans be in conflict with other contract documents, this proposal is based on the plans being the default,
1. This proposals description includes the following: Site Development of parklng structure, Construction of one
(1 ea.) 6 story parking garage building with retail shell space on the ground floor.
2. The following are excluded:
a, Building permits fees are included as an allowance of 5400,000.00. We understand this allowance
would be applied to building permits, occupancy, connection fees, impact fees, etc.
b. Builder's risk insurance and deductibles. Bullder's Risk lnsurance can be provided for an additional
s65,000.
c. Cost of site security and/or police presence throughout construction duration.
d. Cost of any and all utility usage and resident trash removal services to the buildings after substantial
completion is achieved.
e. Owner Direct Purchase (ODP) administration and tax savings, all sales tax is included.
f. FPL transformers, Primary Conduits and wire, and Deposits.
g. CableTV/Phone equipment and cable or phone wire from service point to communication room(s)
and cable or phone wire from communication room(s) to unit.
h. Fire Alarm Monitoring Service Cost
i. Water Meters, Fees and Depositsj. Cost relating to Radon Mitigation.
k, Commissioningand/orspecialtestingengineerservices.
l, As-Built survey, vibration monitoring and/or vibration damage to adjacent properties as a result of
construction.
m. Rernoval, relocations, and main line installations to building(s) point, including fiber optics for gas
(including meter), power, phone, cable, etc. These shall be provided by the appropriate service
provider,
n. Mock up not incorporated into the finish product.
o. Owner FF&E unless specifically addressed in the plans and specifications
p. Removal, disposal, remediation, and premiums associated with unforeseen or unsuitable soil
conditions, hazardous materials, or other materials requiring a controlled removal/disposal other than
Addendum No. 8 dated June 21, 2017,
q. Asbestos inspections, reporting documentation and ?ll Clean"Certifications.
3. This proposal is based on of the following documents and plans:
a.
b.
c.
d.
e.
f.
g.
Requestfor Proposals Dated 09/16/16by Miami Beach
Addendum 3 Dated A4n3n7
Addendum 4 Dated 04/28/17 (Phase 2 RFP)
Addendum 5 Dated 05/02/'17
Addendum 6 Dated 06/08/17
Addendum 7 Dated 06/15/17
Addendum 8 Dated 06/21/'t7
4. lt is anticipated that work will be performed during normal business hours (7:00 AM to 5:00 PM)
5. Regarding temporary and permanent power, temporary or construction power will be the responsibility of KL
in its entirety. On permanent power and consumption, KL is responsible for raceway only for incoming
primary feed and for secondary and building power feeds complete. Once the permanent meter(s) have been
installed by FPL for the project which cost and installation is an owner responsibility and required for
equipment testing, KL will no longer be responsible for its consumption henceforth.
RFP N0,2016-20+KB- Phase ll lCity of MiamiBeach
DTsIGN/BUITD SERVICES FORA NEW PARKIIIG GARAGE FACI[IIY& RELATED INFRASIRUCTURE FOR THE COTTINS PARK PARKING GARAGE
36
6, Due to the volatile state of the construction market, all construction labor, materials and equipment are
subject to significant price fluctuation which is beyond our control other than adding artificially to the project
cost through escalation and contingency amounts. Resultantly, should the contract agreement not be
finalized within 90 days after award, we must reserve our right to adjustlnegotiate our proposed price based
on these price swings dependant on actual start of construction. We most certainly will do everything
possible to offset and/or minimize increases and will provide necessary backup documentation substantiating
increased price.
ATTOWANCES
This Proposal includes the following allowances, which accounts for cost of labor, material, freight and handling, taxes,
insurance, subcontractor markup and bond premium(if applicable):
1. Permit Fees
Dtvlsl0N 02-stTE w0RK
s400,000
1. All meters will be provided by local utility providers.They will be purchased by the owner and installed
by the contractor.
DIVISION 03.CON(RETE
1. No qualification
DIVISI()N O4.MASONRY
1. No qualification
DIVISION 05.METAtS
1. No qualification
Dtvtsl0N 06-w00D AND PLAsTlcs
1. No qualification
DlVISION OT.THERMAI. AND MOISTURE
1. No qualification
Dtvtst0N 08-D00R5 & t,l,lNDows
1. No qualification
Dtvlst0N 09- FlNlsHES
1. No qualification
Dtvtsr0N 1 0-SPEctAtilEs
1. No qualifications
DIVISI()N ll.EQUIPMENT
1. Trash bins and compactors are excluded.
DIVISION 12- FURNISHING
1. No qualification
DIVISION 13. SPECIAT CONSTRUCTION
1. No qualification
DIVISION 14 - CONVEYANCE
1 . (3) 35001b elevators are included as Machine-Room-Less Traction with a travel speed of 200 fpm.
DIUISION 15-MECI{AN ICAI.
1. No qualification
Dlvlsl0N 1 6-EtE(TRlcAL
1. No qualification
END OF CONTRACTOR CI.ARIFICATIONS
RFP N0, 2016-204-KB - Phase ll I City of Miami Beach
DESIGN/BUITD SERUICES }OR A NEW PARIflNG GARAGE FACIt.ITY& REIATED INTRASTRUCTURE FOR THE TOTLINS PARK PARKING GARAGE
37
$ EtrilBn1r3:
n
4
5.
AFFIDAVIT OF KRISTY BADA
Kristy Bada hereby submits this affidavit and after being duly sworn states as follows:
1. I am the Contracting Officer lll for the City of Miami Beach Procurement
Department.
2. As part of my job duties, I manage formal competitive solicitations issued by the
City, particularly with respect to construction and major procurement matters. My
job responsibilities include the drafting of solicitation documents, responding to
questions from proposers or prospective proposers, receiving and maintaining
proposal responses, coordination of evaluation committee meetings, and
assisting the Department Director on review of proposals for technical
requirements, among other duties.
3. I have handled governmental procurement matters for over ten (10) years. I have
served in my current position at the City since June 1 ,2015. Prior to joining the
City, I served in a similar procurement capacity for the Village of Palmetto Bay,
Florida since 2007.
I am the procurement officer assigned to RFP 2016-204-KB (the "RFP") for the
Design Build for the Collins Park Garage.
The RFP requires proposers to submit, as part of their proposal submission, one
original copy of the proposal, ten copies of the proposal, and one electronic copy
of the proposal (colfectively, the "Proposal Package"). As part of the Proposal
Package, proposers are instructed to separately submit a sealed Cost Tender
Form, with their proposed pricing in response to the RFP. Proposers are
instructed to include only one (1) copy of the sealed Cost Tender Form, which is
opened at the conclusion of the Evaluation Comrnittee deliberations, as the last
step in calculating each proposer's total score and ranking.
The Procurement Department's intake process calls for a representative of the
Procurement Department to time stamp a Proposal Package upon receipt,
without opening the contents of the Proposal Package (usually submitted in a
box, package or envelope). When a proposer hand delivers a Proposal Package,
the person hand-delivering the Proposal Package will sign a Proposal
Submission Log, indicating the proposer's company name, and the date and time
the Proposal Package was delivered. When a Proposal Package is mailed, a
Procurement Department representative will include the proposer's company
name, and date and time of receipt on the Proposal Submission Log.
Proposal Packages are maintained at the Procurement Department's reception
area (without being opened) until the deadline for proposal submissions has
expired, which, for this RFP, was 3:00 p.m. on June 29,2017.
b.
7.
38
8.On June 29,2017, after the 3:00 p.m, deadline for proposal submissions for the
RFP, as part of my duties for the RFP process, I received, and took possession
of, three Proposal Packages relating to this RFP, along with the Proposal
Submission Log for this RFP, which was signed by a representative (or courier)
for each of the three proposers. At that time, I confirmed that I had in my
possession a Proposal Package for each of the three proposers that signed the.
Proposal Submission Log. I also confirmed that each package in fact included
an original, copies, and electronic file.
I did not open any of the sealed Cost Tender Forms submitted as part of the
Proposal Package and each of the Cost Tender Forms remained sealed, I then
took all Proposal Packages to my desk.
On June 30, 2017, I reviewed all of the proposal copies and the electronic
versions of the proposal submissions, to ensure that proposers did not
erroneously include the Cost Tender Form along with the proposal copies. The
Cost Tender Forms remained sealed. I placed each sealed Cost Tender Form in
a file cabinet in my office, expressly reserved for original proposals and sealed
cost tender forms. The only documents I maintain in this file cabinet are the
original proposals (and sealed cost tender forms) for my active solicitation
matters.
After placing the sealed Cost Tender Forms and original proposals in my file
cabinet on June 30, 2017, I prepared the materials for Evaluation Committee
members, in order to send a copy of each proposal to each Evaluation
Committee member. On June 30, 2017, the Evaluation Committee member
materials were couriered or mailed to each Evaluation Committee member for
their review.
At no time did I remove the original submissions, or the sealed cost tender forms,
from my file cabinet, at any time from June 30, 2017 until July 11,2017,hhe
morning of the Evaluation Committee meeting.
On July 11,2017,lattended the Evaluation Committee meeting, which began at
8:30 a.m. That morning, prior to the meeting, I removed the sealed Cost Tender
Forms from the file cabinet, and I brought the sealed Cost Tender Forms to the
Evaluation Committee conference room, where the sealed Cost Tender Forms
remained sealed, and in my possession, throughout the entire Evaluation
Committee meeting, until it was time to open the sealed Cost Tender Forms in
the presence of all persons attending the Evaluation Committee meeting, a
meeting that was open to the public in accordance with the Sunshine Law.
After the Evaluation Committee members concluded their deliberations, collected
each Evaluation Committee member's scoring matrix, At that time, opened each
proposer's sealed Cost Tender Form in the presence of the Evaluation
Committee and members of the public, including the proposers, who attended
L
10.
11.
12.
13.
14.
39
15.
the meeting, in order to calculate the points allocated to each proposer's cost
proposal, based on each proposer's price submission indicated in the Cost
Tender Form.
Upon opening Kaufmann Lynn's proposal, I immediately noticed that Kaufmann
Lynn's Proposal Certification form ("Proposal Certification"), a mandatory
requirement of the RFP, was missing. ln addition, I noticed that a line item in the
Kaufmann Lynn Cost Tender Form, included a term "NlC," a term not familiar to
me, particularly in a form calling only for prices in numerical form. I also noticed
at that time that Kaufmann Lynn submitted, as part of their Cost Tender Form, an
"alternate" cost proposal for a second version of a design for the project, even
though the RFP did not contemplate submission of any alternate designs, and
even though the Cost Tender Form did not include any provision for submission
of an alternate price proposal.
The omission as to the mandatory Proposal Certification required by the RFP in
Kaufmann Lynn's Cost Tender Form prompted me to state, on the record, at the
July 11,2017 Evaluation Committee meeting, that the Cost Tender Forms still
needed to be reviewed by the Department for responsiveness, as each Cost
Tender Form was being opened for the first time at the public meeting, As
responsiveness determinations are handled formally, in writing, by the
Procurement Director, following consultation with the City Manager and City
Attorney (none of which were present at the meeting), it is not my role to
announce or make any responsiveness determinations during the Evaluation
Committee meeting.
Upon opening Kaufmann Lynn's Cost Tender Form, I texted the Procurement
Director to ask him to come to the conference room, as I needed direction as to
whether I should calculate the points allocated to Kaufmann for its price proposal
based on the GMP proposal as indicated on the Cost Tender Form, or based on
the "alternate" proposal that Kaufmann unilaterally added to the Cost Tender
From. The Procurement Director advised me to use the line item for the GMP
proposal called for in the Cost Tender Form, as the RFP did not call for, or
provide any process for, evaluation of "alternate" cost proposals.
As rny efforts in calculating the cost proposal scoring was the final step in the
meeting, and because there were over 20 people waiting in the room for the final
rankings of the Evaluation Committee process, I did not, at that time, discuss with
the Procurement Director the responsiveness issue related to Kaufmann Lynn's
failure to submit the mandatory Proposal Certification required by the RFP.
Upon calculating the points for the price proposals, I incorporate the points
allocated to each proposer in the forms completed by the committee members,
and I then tallied the final scores.
16.
17.
18.
19.
3
40
20 Following the conclusion of the Evaluation
of Kaufmann Lynn's failure to submit
required by the RFP.
Committee meeting, I raised the issue
the mandatory Proposal Certification
FURTHER AFFIANT SAYETH NAUGHT.
STATE OF FLORIDA )
) ss:
couNTY oF MIAMI-DADE )
BEFORE ME, the undersigned authority, personally appeared Kristy Bada,
Contracting Officer lll of the City of Miami Beach, who is personally known to me or has
produced as identification and, who after being duly sworn,
deposes and says that he has executed the foregoing lnterrogatories and that they are
true and correct to the best of his/her knowledge and belief.
SWORN TO and SUBSCRIBED before me this -*dry of Septem ber,2017 .
(
My commission expires:' n ,\ V- 'l
, 171,tu1"{. ' /'l-}i{((, t
NOTARY PUBLIC - State of Florida
'., \(,,n,1, x l)'l crrtlt l,
Print Name
4
41
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;ti'j{":I l\/ I;i)
l1 i,i; tlr 1'ra it; ii5
,,,1 Y &l ItiF'lti;'r 'i ']i'i" i "
August 14,2017
VIA CQURIER
Mr. Raul J. Aguila
City Attomey
City of Miami Beach
1700 Convention Center Drive, 4th Floor
Miami Beach, FL 33139
RFP No. 2016-204-KB - Collins Park Garage
Dear Raul:
Shutts & Bowen LLP (the "Firm") has been retained to represent Kauftnan Lynn
Construction, Inc. ("Kaufman Lynn") in connection with the procurement of the contract to build
the City of Miami Beach's (the "City's") Collins Park Garage, also known as Request For
Proposals No. 2016-204-KB (the "RFP"). Please accept this comespondence as a follow-up to
my recent telephone.conference with you.
At the July 11,2017 Phase II Technical Presentation, Kaufman Lynn was ranked by the
City's RFP Evaluation Panel as the most responsive and responsible bidder for the RFP. Six days
later, on July 17, 2017, the City Procurement Department notified Kaufman Lynn via letter that
its bid was allegedly non-responsive to the RFP and would not be recommended for final
approval to the City Commission. A true and correct copy of theooNon-Responsiveness Letter" is
attached as Exhibit (64,."
In the Non-Responsiveness Letter, the Procurement Department contends that the City
discovered that a Cost Tender's Certification Page was purportedly missing from its envelope.
The Procurement Department claims it made this discovery almost three weeks after Kaufman
Lynn provided a sealed envelope to the City containing the Cost Tender's Certification Page.l
Please note that during that intervening three week period, the sealed envelope had been
handled, opened, and maintained by the City. The Procurement Department's claim is
I As is mentioned in Ms. Kathleen Bernard's Affidavit (attached), during the course of the July 11, 2Ol7 meeting,
Procurement Department Employee, Kristy Bada stated that she had a question regarding scope and pricing
information in Kaufman Lynn's proposal. Certainly an enhanced level of scrutiny, as was provided to Kaufman
Lynn's documents would have apprised Ms. Bada, or evaluation committee members present of a missing Cost
Tender's Certification Page. No member of the Procurement staff or evaluation committee member made meniion of
the missing forrn during the July 11,2017 meeting.
ALEXANDER I. TACHMES, EsQ.
PARTNER
Shutts & Bowen LLP
200 South Biscayne Boutevard
Suite 4100
Miami, Ftorida 3313'l
DTRECT (305) 347-7341FAX 1305) 347-7754
EMAIL ATachmes@shutts.com
Re:
?OX.T ftUS T1Ffi tr.:4$
42
Mr. Raul J. Aguila
August ll,20l7
Page2
erroneous; Kaufman Lynn did include this Page in its sealed packet. Kaufrnan Lynn
responded to the Non-Responsiveness Letter directly to the City Manager Jimmy Morales on
July 18, 2017. Atrue and correct copy of the "Response Letter" is attached as Exhibit 6'8."
For the reasons stated below, the Procurement Department's claim of non-responsiveness
is without merit. Kaufman Lynn was appropriately ranked first and should be awarded the
conffact.
First, conlrary to the Procurement Department's claim, the Certification Page was
included with the bid. Among other things, we have enclosed herewith sworn affidavits from our
client confirming that the page was included, We also have included evidence of our cliont's
typical course of conduct in compiling RFP responses as well as the speci.fic protocol for
compiling the response in this case. All the evidence supports the position that the page was
included with our submission.
Second, even if one assumes, solely for the sake of argument, that the page was not
turned in, the omission is an innocent, clerical mistake that is immaterial and cannot be the basis
for disqualification. Our client always intended, and attests its intent now, to comply fully with
the statements in the Certification Page. Case law makes clear that an inuocent clerical error of
this type cannot be the basis for disqualification of a bid.
Cost Tender'p Certiflcation Pase Was Included
Since its founding in 1989, Kaufinan Lynn has competed for hundreds of municipal
construction projects through the request for proposal process. As one of the largest construction
companies headquartered in South Florida, Kaufman Lynn has developed and maintained
specific in-house processes to ensure that RFP submissions are complete and accurate. To that
end, enclosed please find Exhibit ooC," Kaufman Lynn's srunmary of intemal processing
safeguards and a listing of those stops taken specifically for this RFP.
Attached please also find affrdavits from company employees and executives who have
intimate knowledge of the RFP, and the preparation of our client's bid and state unoquivocally
that the Cost Tender's Certification Page was included in the sealed RFP packet. True and
correct copies of executed affidavits are attached as Exhibit '6D." According to the affidavits, the
Cost Tender's Certification Page was signed on May 2,2017. It is worth noting that the copy of
the allegedly ornitted Cost Tender's Certification Page that is attached to this document as part of
Exhibit B is dated the same date. The date and notarization alone should be sufficient evidence
that the Cost Tender's Certification Page was included with the original submission.
Cost Tender's Certification Paqe Is Not Material
Notwithstanding the aforementioned assuming arguendo Kaufinan Lynn did not include
the Cost Tender's Certification Page the omission is a minor irregularity that must be waived by
the City. Tropabest Foods Inc v. State of Florida Department of General Services,493 So. 2d 50
43
Mr. Raul J. Aguila
August lL,2017
Page 3
(Fla. 1st DCA 1986)(Finding that the test for measuring whethcr a deviation in a bid is
sufficientty material to destroy its competitive character is whether the variation affects the
amount of the bid by giving the bidder an advantage or benefit not enjoyed by the other bidders).
As attested to by Kaufman Lynn's President and CEO, notwithstanding the alleged
omission, Kaufman Lynn does and always has intended to comply with the requirements of the
RFP and the specific terms of the Cost Tender's Certification Page. The inadvertent omission or,
in the alternative, the inadvertent misplacement by the City of the (one page) Cost Tender's
Certification Page in no way altered the offer made by Kaufrnan Lynn to the City. As you may
know, tho Cost Tender's Certification Page merely certifies that only the party making the
proposal has an interest in the proposal, that Kaufman Lynn visited the worksite, and that
Kaufman Lynn agrees to contract with the City, if selected. All proposers make the exact same
commitments in various other places in their bid, regardless of the existence, misplacement, or
inadvertent omission of the certification page.
While a case-by-case analysis is not necessary for the purposes of this correspondence, it
is important to note that the City cites to Robinson Elec, Co., Inc. v. Dade County,4lT So.Zd
1032 (Fla. 3rd DCA 1982) in support of its position. The City's reliance on Robinson is
misplaced because the Court's analysis and holding actually support Kaufman Lynn's position
that minor irregularities should be waived if they are immaterial. Robinsor4 states that a "variance
is material if it gives the bidder a substantial advantage over the other bidders, and thereby
restricts or stifles competition.' Id. A missing Cost Tender's Certification Page, whether
inadvertently misplaced by Kaufrnan Lynn, the City, or otherwise, did not impact the proposal
that was ultimately made to the City and does not prejudice any other parties.
Case law and relevant authorities indicate definitively that an inadvertent failure to
include a signature page cannot lead to disqualification. Furthermore, the remainder of Kaufman
Lynn's proposal, not to mention the staff hours and expense associated with producing same,
shows a clear intent to be bound to the terms submitted by Kaufman Lynn. See Cotnpaq
Computer Corp. v. Dep't of Revenue,DOAH02-l72lBID- tlll 51-60, 2002WL31440728, at*7'8
(Fla. Div. Admin. Hrgs. Sept. 23,2002)(frnding that an improperly executed signature on a
required form is not a material inegularity, particularly where the intent of the bidder to be
bound is evident). The Third District Court of Appeal found that:
There is a very strong public interest in favor of saving tax dollats in awarding
public contracts. There is no public interest, much less a substantial public
interest, in disqualifying low bidders for technical deficiencies in fotm, where the
low bidder did not derive any unfair competitive advantage by reason of the
technical omission."
Intercontinental Properties, Inc. v. State Dept. of Health and Rehabilitative Services, 606
So.2d 380 (Fla. 3rd DCA 1992).
!nuttt aom
44
Mr. Raul J. Aguila
August ll,20l7
Page 4
In Intercontinental, the court ruled that the failure of bidders to include
attachments documenting agent's authority to bind ownor did not make bid
nonresponsive, ld. While not identical to the situation albay, Intercontinental, provides
significant support to Kaufmari Lynn's argument that the allegedly omitted form is not a
substantial deficiency.
Waiver of Irresularities
Again, assuming arguendo that Kaufman Lynn did not include the Cost Tender's
Certification Page the City Commission has the authority under Section 2-368, City of Miami
Beach Code (the "Code"), to waive "any and all inegularities" in all formal bids. Additionally,
and ever more clearly, pursuant to Section 21 of the RFP solicitation documents, "the City may,
at its sole and absolute discretion... waive any irregularities in this RFP, or in any responses
@."
Certainly, something as de minimus as an innocent, inadvertence is immaterial. The City
Commission is well within its rights to waive such an insiguificant irregularity, particularly in
light of the significant evidence of Kaufman Lynn's intent to be bound to all of terms submitted
for consideration.
Remainins Bidders
Ironically, it is worth noting that, while our client's bid has no material deficiencies, the
remaining bids do have significant deficiencies. If the City determines that the omission of a
single page (that in no way impacts the substantive proposal offered) renders Kaufman Lynn
non-responsive, there must certainly be a review of the remaining bids.
Those invited to participate in the Phase II Technical Proposal portion of the RFP were
Kaufman Lynn, KVC Constructors, lnc. ("KVC''), and Plaza Construction ("Plaza"). Out of the
three bidders, Kaufman Lynn was ranked first by three out of the four evaluation committee
members (and ranked second by the remaining member). In addition to the superior ranking, and
notwithstanding the potentially omitted certification, Kaufman Lynn's proposal otherwise
conformed to the RFP requirements and is in the best interest of the City. Both KVC and Plaza's
responses to the RFP should be deemed non-responsive for nonconformity with the substantive
RFP requirements.
KVC's proposal appears to have violated the express requirements of the RFP Technical
Criteria. Section 1.2 clearly states that "a minimum of three (3) passenger elevators shall be
included" in the garuge. KVC's proposal only provides for two (2) elevators, as was made
apparent during the July ll,20l'7 Phase II meeting. Additionally, KVC is also non-responsive
for failure to comply with the Section 5.1 requirement which states that'otwo lobby spaces shall
serve upper floor parking and inctude elevator and stairs." Unlike Kaufman Lynn's immaterial
alleged omission of the Cost Tender's Certification Page, KVC's violations are substantive in
nature and directly impact the cost of the project, and if accepted, unfairly prejudice other
liut'-! :rry
45
Mr. Raul J. Aguila
August Ll,20l7
Page 5
proposals that meet such requirements. Most certainly, the elimination of an elevator (as required
by the RFP) decreases the cost of the project to KVC's benefit and other bidders' detriment,
Plaza's proposal is also non-responsive in that its cost for the project exceeds the City's
budget. The total budget for the project, as set by the City, is proposed at $23 Million dollars.
Plaza's proposal came in at $23,989,390. In contrast, Kaufman Lynn's proposal came in at
$22,993,896. Kaufman Lynn was required to, and did comply with the budget provided by the
City. Certainly a bidder that adds almost one million dollan to a proposal has greatly impacted
the technical, design and production criteria of their own project while limiting the abilities of
those bidders who complied with the budgetary restraints. A proposal that would cost the
taxpayers almost a million dollars more than the most qualified proposal would not be in the
City's best interest.
Conclusion
For the aforementioned reasons, Kaufman Lynn respectfully requests that it be
recommended to the City Commission for award of the contract as the most responsive and
responsible bidder. We are happy to meet and discuss this matter with you at your convenience.
Kaufman Lyrn's proposal was identified by the City's own evaluation committee, to be in the
best interest of the City and to disqualiff Kaufman Lynn in the face of overwhelming
documentation establishing immateriality while approving two other proposals that violated the
city's technical, budgetary, and design criteria is ultimately harming the City, community, and
taxpayers.
Please note Kaufman Lynn is not waiving and hereby reserves all of its arguments,
claims, and rights. Thank you for your time and attention.
Sincerely,
Shutts & Bowen LLP
il,W'o-aML-*
Alexander L Tachmes, Esq.
A.ttachments
MIADOCS 15t88361 5 45608,000t
thutt! corn i,l1; -ll!:ilr:r: trixj-',',,1.-'-: 1l i,r
46
47
MIAMIBEACH
Procurement Doporfment, I755 Merldion Avenue, 3d Floor, Micmi Booch, Florido 33139, www,miomlbeochfl.gov, 305-673.7490
July 17,2017
Kaufman Lynn Construotion, lnc,
Joshua Harden
4850 T-Rex Avenue, Suite 300
Boca Raton, Florlda 33431
SENT VIA E-MAIL: iharden@kgufmanlvnn,com
RE: REQUEST FOR PROPOSALS NO. 2016.204-I(8 DESIGNiBUILD SERVICES FORANEW
PARKING GARAGE FACILITYAND RELATED INFRASTRUCTURE FORTHE COLL]NS
PARK PARKTNG GARAGE (PHA$E il)
Dear Mr. Hardenr
The City has revlewed the proposal (the "Proposal")submitted by Kaufman Lynn Construction, lnc.
(Kaufman), in response to the above-referenced RFP. The City finds that the Proposal submitted by
Kaufman was incomplete, as it failed to comply with the ,submittal requlrements established in
Addendum No, 4 to the RFP. To begln with, Addendum No, 4 exprossly notified Proposers as
follows:
Faiture to submit the attached Gost Tender Form shall render proposa! non.iesponsive,
and sald non-responslve proposal shall not be considered by the Clty.
The City's required Cost Tender Fbrm, a copy of which is attached hereto as Exhibit "1 ,' consisted
of two separate sections, namely (1)Section 1 - Certification, which Proposerwas required to
exeoute and notarize (the "Proposal Gertification"), and (2) Seotion 2, for the Guaranteed Maximum
Price form. ln its Proposal, Proposer altogetherfailed to include the required Proposal Certifioation.
A proposal oontaining a materialvariance from the RFP requirements is unacceptable. Bgbhson
Electric Co, v. Da(e Coqruly, 417 So. 2d 1032(Fla 3d DCA 1982), ln determining whether a specific
noncompliance constitutes a substantial, and hence nonwaivable, irregularity, the courts have
applled two criteria-first, whether the effect of a waiver would be to deprive the municipality of its
assurance that the contract will be entered into, perfOrmad and guaranteed according to its specified
requirements, and second, whether it is of such a nature that its waiver would adversely affect
competitive bidding by placing a bidder in a position of advantage over other bidders or by otherwise
undermining the necessary common standard of competltion. /d, af 1034,
Here, the instructions for completing the Cost Tender Form make clear that "[flailure to submit the
attached 9q$.t Tender fgrm shall render [the] proposal non.responslve, and said non.
responsive proposal shall not be consldored by the City." See Addendum No, 4 (emphasis in
original), Moreover, a signed and executed Certification Form is nonwaivable, as tho executed
Proposal Qertification is essential to, and is the very instrument bywhich, the Clty is assured thatthe
contract wlll be entered into and performed according to its speclfied requirements. Further, by
submitting the fully completed and executed Proposal Certiflcation, the City is further assured that
the Proposal is "made falrly and ln good faith without collusion or fraud." id.
48
REQUEST FOR PROPOSATS NO. 201 6.204-KB DESIGN/BUILD SERVICES FOR A NEW PARKING GARAGE FACILITY AND RELATED
INFRASTRUCTURE FOR THE COLLINS PARK PARKING GARAGE (PI-IASE II)
Page 2 ol 2
July 13,2017
The failure to submit the fully completed and executed Certjfication Form was a material variation
from the RFP that cannot be waived, as waiver of the Proposal Certlfication requirements would
place Kaufman in a posltion of advantage over other bidders who, unlike Kaufman, completed and
exocuted the Certification Form, agreed to the RFP terms, and attosted to its requirements, ln thls
regard, all proposers were on an equalfooting and had the same opportunitles as Kaufman to read
and utilizo the Proposal instructlons, and submit the Proposal Certification, fully completed and
executed.
As permitting a variation of the foregoing requirements after the Proposal Due Date would deprive
the Clty of the assurance that the contract will be entered into ln aocordance with the RFp
requirements, and would undermlne the oommon standard of competition, Kaufrnan's proposal must
be rejected as non-responsive.l
Should you need addltional information pertaining to matters of process or procedures, please
contact Kristy Bada at (305)673-7000 ext. 6218, or e-rnail: kristybada@mlafnibeachfl,oov.
Enclosures:
Proposal Cover Page
Cost Tender Form submitted by Kaufman Lynn, lnc,
C: Rafael Granado, City Clerk
FTPURC\$ALL\Sollcltatons\2016\2q19j!01:[B (RFP) DB Collins Park Garago\14 - Phaso ll\6 - Responstveness\Letter of Non"
Responslvenoss - RFP 2010-204-KB ITS.SPS DBOM_KeufmanLynn,doc
1 Because the Proposal is not responslve for fallure to submit an executed and notarized Proposal
Certificatlon, the City need not addross the doflciencies ln the Soction 2 Guaranteed Maxlmum price Form
that separately render tho Proposal non-responslve, lncluding, without llmitatlon, the deslgnaflon of ,,NlC" (the
meanlng of whlch ls not clear and was not contemplated by the RFP) in lteu of an amounl in the line itern for
Site Remedlation.
We orsammttld b povtdtng etaellon public seryice ond solety to ollwln hw, woil, ord ploy ln our vlbrant, troplcal, hlstoric cornnunti/,
*?fflcurement Director
49
EXHIBIT 1,
MIAMIffiffiAffiH
City of Mioml Beqch, 1755 Meridiqn Avonue, 3'd Floor, Miomi Beqch, Florldo 33139, www,miomlbeochfl.gov
PROCUREMENT DEPARTMENT
Iel 305473"7490 Fox 786-394-4002
ADDENDUM NO.4
REQUEST FOR PROPOSALS NO. 2016.204.K8
DESIGN/BUILD SERVICES FOR A NEW PARKING GARAGE FACILITY AND RELATED
INFRASTRUCTURE FOR THE COLLINS PARK PARKING GARAGE
(PHASE il)
Aprll28,2017
This Addendum to the above-referenced RFP is being issued to notify you that your proposal
was short-listed, to proceed with Phase ll of Request for Proposals No, 2016-204"K8
design/build services for a new parking garage facility and related infrastructure for tho
Collins Park Parking Garage and to provide other clarifications and revisions issued by the
Clty, The RFP is amended in the following particulars only (deletions are shown by
strikethrough and addltlons are underllned),
I. ATTACHMENTS:
Exhibit A: Cost Tender Form
Exhibit B: Sample Design Build Agreement
Any questions regarding thls Addendum should be submitted ln writlng to the Procurement
Department to the attention of the individual named below, wlth a copy to the City Clerk's
Offics at RafaelGranado@rniamibeachfl , gov,
Proposers are reminded to acknowledge receipt of thls addendum as part of your RFP
submission, Potentia] proposers that have elscted not to submit a response to the RFP are
requested to complete and return the 'Notice to Prospectlve Bidders" questionnaire wlth the
reason(s) for not submitting a proposal,
lnent Director
REQUEST FOR PROPOSALS NO. 2016-20+KB
DEEIGN/BUILD SERVICES FOR A NEW PARKING GAMGE FACILITY AND RELATED INFRASTRUCTURE FOR THE
COTLINS PARK PARKING GARAGE (PHASE ID
305-673-7000. ext, 621 B
50
EXHIBIT A
Revised Gost Tender Form
REQUEST FOR PROPOSALS NO. 2016.204.K8
DESIGN/BUILD SERVICES FOR A NEW PARKING GAMGE FACILITY AND RELATED INFRASTRUCTURE FOR THE
COLLINS PARK PARKING GARAGE (PHASE II)
51
APPENDIX E
ffi
Cost Tender Form
RFP NO . 2016-204-KB
DESIGN/BUILD SERVICES FCR A NEW PARKTNG
GARAGE FACILITY AND RELATED INFRASTRUCTURE
FOR IHE COLLINS PARK PARKING GARAGE
PROCU REMENT DEPARTMENT
I755 Meridion Avenue, 3rd Floor
Miomi Booch, Florido 33139
REQUEST FOR PROPOSALS NO. 2016.204.K8
DESIGNUBUILD SERVICES FOR A NEW PARKING GARAGE FACILITY AND RELATED INFRASTRUCTURE FOR THE
COLLINS PARK PARKING GAMGE (PHASE II)
52
Section { - Certlflcatlon
The undersignod, as Proposer, hereby declares that the only persons interested in this proposal as principal are named herein
and that no person other than herein mentloned has any interest ln this proposal or in the Contract to be entered into; that this
proposal is made without connection with any other person, flrm, or parties making a proposal; and that it is, in all respects,
nrade fairly and in good faith without collusion or fraud,
Tho Proposer fudher declares that lt has examined the site of the Work and informed ilself fully of all conditions pertaining to the
place where the Work is to be done; that it has examlned the Contract Documents and all addenda thereto furnished before the
opening of the proposals, as acknowledged below; and that it has satlsfled itself about the Wori< to be performed; and all other
required lnfomnatlon wlth the proposal; and that this proposal is submitted voluntarily and willingly,
The Proposer agrees, if this proposal is accepted, to contract wlth the Clty, a polltical subdlvlslon of the State of Florlda,
pursuant to the terms and oondltions of the Conlract Documents and to furnish all necessary materials, equipment, machinery,
tools, apparatus, means of transportation, and all labor necessary to conshuct and complete within the time limits speciflod the
Work covered by the Contract Documents for the Project entitled:
REQUEST FOR PROP0SALS (RFP) No, 2016.204"K8
DESIGN/BUILD SERVICES FOR A NEW PARKING GAMGE FACIUry AND RELATED INFMSIRUCTURE FOR THE
coLlrNS PARK PARKTNG GARAGE (PHASE il)
The Proposer also agrees to furnish the requlred Performance Bond and Payment Bond or altemative form of seourity, if
permitted by the City, each for not less than the total proposal price plus altornates, if any, provided in the RFP Price Form in
Section 00408 and to furnlsh the rogulred Certlflcate(s) of lnsurance.
ln the event of arithmotical enors between the dlvlslon totals and the total base proposal ln the RFP Price Form, the Proposer
agreesthatthetotalbaseproposalshallgovern, lntheeventofadiscrepancybetweenthenumericaltotalbaseproposaland
the written total base proposal, the written total base proposal shall govern, ln absence of totals submltted for any division cost,
the City shall interpret as no proposal for the dlvislon, whlch may dlsqualify the Proposer,
Name ol Propose/s Authorlzed Represontatlve:Tltle of Proposer's Aulhorlzed Representatlue:
Signature 0f Pmposefs Autroflzod Roprogontatll/8;DAtB:
State of FL0R,IDA
personally
On this _day of 20_.,
appeared before me who
) stated that (s)he is the of_,a
corporaflon, and that the inshument was eigned in behalf of.the said corporatlon by authorlty of its board of
dlrectors and acknowledged sald lnstrument to bo lts voluntary act and deed. Before me:
Notary Public for the State of Florida
My Commission Expires;
DUM NO.4
REQUEST FOR PROPOSALS NO. 2016.204.K8
DESIGN/BUILD gERVICES FOR A NEW PARKING GARAGE FACILITY AND RELATED INFRASTRUCTURE FOR THE
COLLINS PARK PARKING GARACE (PHASE II}
53
Section 2 - GUAMiIIEED MMIMUM PRICE
REQUEST FOR PRoPoSALS (RFP)
No, 2016.204-KB
PHASE II
DESIGN/BUILD SERVICES FOR A NEW PARKING GARAGE FACTLITY AND RELATED INFMSTRUCTURE FOR THE
COLLINS PARK PARKING GARAGE
FURTHER BREAKDOWN OF LINE ITEMS INDICATED MAY BE PROVIDED AT THE DISCRET]ON OF THE PROPOSER
ADDENDUM NO.4
REQUEST FOR PROPOSALS NO. 2016.204.K8
DESIGN/BUILD SERVICES FOR A NEW PARKING GARAGE FACILITY AND RELATED INFRASTRUCTURE FOR THE
COLLINS PARK PARKING GAMGE (PHASE ID
01 00 00 General Conditlons LS 1 $$
01 50 00 Temporary facllitles And Controls LS 1 $$
02 00 00 Exlsting Conditlons LS 1 $$
02 50 00 Site Remodlatlon LS 1 $$
03 30 00 Conorete LS 1 $$
04 O0 00 Mansory L8 I $$
06 50 00 Steel & Misc. Metals LS 1 $$
05 50 00 SteelCanopies LS 1 $$
07 10 00 watorproofing LS 1 c $
0B 10 00 Frames, Doors, & Hardware LS 1 $$
08 40 00 Curtalnwall/Storefront LS 1 $$
09 20 00 Framlng & Dryantall LS I $$
09 30 00 Tile LS I $$
09 90 00 Palntlng & Coatlng LS 1 $$
10 00 00 Specialtles LS 1 $$
11 00 00 Equiprnent LS 1 $$
12 00 00 Furnishings LS I $$
14 00 00 Conveying System LS 1 $$
21 00 00 Fire Suppnesslon LS 1 $$
22 00 00 Plurnblng LE 1 $$
23 00 00 HVAC LS 1 $$
26 00 00 Electrlcal LS 1 $$
27 00 00 Communicatlons LS 1 $$
28 00 00 Safety and Security LS 1 $$
31 00 00 Earthwork LS 1 $$
33 00 00 Utilitles LS 1 $$
33 00 00 Off Slte Clvil Utility lmprovements LS 1 $$
33 00 00 Llberty Avenue Plaza (22 Sireet to 23 Street)LS 1 $$
33 00 00 Liberty Ave, lmprovement (North of 23 Streei)LS 1 $$
33 O0 oo 23ro St.lmprovements (Collins,Av, To Dade Blvd.)LS 1 $$
00 00 00 Other ltems Not Mentioned Above LS 1 $$
Bonds and lnsurance LS 1 $$
Daslon Fees LS I $$
54
** ln the event of arithmetical errors between the division totals and the GMP , the proposer agrees that
tho GMP shall govern.
ANy LETTERS, ATTACHMENTS, 0R ADDITIoNAL tNFoRMAT|0N TO BE CoNSTDERED PART 0F THE PRoPoSAL
MUST BE SUBMITTED IN DUPLICATE.
WRITTEN TOTALT
PROPOSER (Prlnt):
ADDRESS:
CITY/STATE:
FEDEML I.D. #:
NAME/TITLE 0F REpRESENTATIVE (Prlnt);
SIGNED:
ZIP:
(l certlff that I am authorEod to oxocuto thls proposal and commlt tho proposlng flrm)
REOUEST FOR FNOPOSALS NO, 20IO-2O4.KB
DESIGN/BUILD SERVICES FOR A NEW PARKING GARAOE FACILITYAND RELATED INFRASTRUCTURE FOR THE
COLLINS PARK PARKING GARAGE (PHASE II)
55
RFP N0. 2016-204-KB | 0ty of Miami Beach
Desigrr/Build Servires for a lrlew Farkimg Garage [acility and Related lnfiastrudure for the
COLL INS PARK
PARKING GARAGE
Step 2 lJune 29,2017
KAUI'MAN_IJNN
CONSTRLTCTION
Ui'ALKEIT
PANKING CONSUIII\NIS
56
$EOIIEN 2- FU.AMNTEfiD MT\XIMUM I?RICH
REQUE$T FoR pRoP0$ALS (RFp)
No,2016.204"K8
PHA$E II
OESIGNIBUILD SERVIC E$ FOR A NEW PARKING GAHACH FAOIIITY AND RELATED INIRASTRUCTURE FOR THE
COLLIN8 PARK PARKINQ OARAOH
FUNTHER BREAKDOWN OF LINE ITEMS INDICATED MAY BE PROVIDED AT THE DI$CRETION OF THE PROPOSER
REOUEgT FOB PROPO$ALS NO. 2OIO.2O4.IG
DESION/SUILM $EHVIO6$ FOR A NEW PARKNO GARAOE FACILITY ANO RIiI.ATIiD INFRA$TRUOTURE FOR THE
ooluNg PARI( PARKNS AARAOE(PM9E l0
01 00 00 Genoral Conditlono LS 1 s $1,527,624
01 50 00 Temporaryfacllltles And Conhole LO 1 $$ wGc's
02 00 00 Exlstlno Conditlons L$1 $$ 528,765
02 60 00 Slte Remedlatlon L$1 $$Ntc
03 30 00 Conorete LS 1 $$ 7,160,5e0
04 00 00 Mansory LS I $$ 88,650
06 50 00 Steot & Mlec, Motals L8 1 $$ 1081324
0S 60 00 Steel Canoplee LS 1 $$2,666,963
0710 00 Waterprooflno LS 1 $$ 363,758
0B '10 00 Frames, Doors, & Hardware LS 1 $$ 45,143
0B 40 00 Gurtalnwall/Storefronf LS 1 $$ 604,000
09 20 00 Framlns & Drywall LS I $$ 244,195
09 30 00 Tile LS 1 $$N1A
09 90 00 Palntlng & Coatlng LS 1 $$ 151 ,0oO
10 00 00 $paclaltles ts 1 $$ 116,1e0
11 00 00 Equlpment LS 1 $$ 70,000
'12 00 00 Furnlshinos LS 1 $$N/A
14 00 o0 Oonveytng Syatom Lg 1 $$ 660,450
21 00 00 Flro Suppresslon LS 1 $$ 315,379
22 00 00 'Plurnblno Is 1 $$ 342,618
23 00 00 HVAC LS 1 $$ z5,ooo
20 00 00 Eleotrleal L$1 $$ 1,760,000
27 00 00 Communloatlone L8 1 $,$ w/Elootrlcal
28 00 00 $sfoty ancl Soourlty L8 1 $$ 78,000
31 00 00 Earthwork ts 1 $SwiExlsltlng Cond
38 00 00 Utilitles LS 1 $$ 2g7,ooo
38 00 00 Off Slte clvll Utlllty lmprovemonts LS 1 $$ asa,uo
33 00 00 Llberty Avenuo Plaza (22 $keet to 23 Sheot)LS 1 $$ 260,700
33 00 00 Llberty Avo, lnprovement (North of 28 Stroet)LS 1 $$
Og 00 00 23ro St,lmprovements (Colllns Av. To Dads Blvd.)LS 1 $'$ 356,330
00 00 00 othor ltoms Not Montlon0d Abovo LS ,l $$ 1,808,101
Bonds end lnsuranoe ts 1 $$ 606,866
Deslsn Foes LS 1 $$ 1,614,750
57
Alternate Facade = Add $1,032,281n* ln tho evont of arlthmetlcal oruorc botwoen tho dlvlslon totalg and the GMP , the proposer agreos that
tho GMP shall govern,
ANY LETTERB, ATTACHMENT$, ORADDITIONAL INFORMATION TO BE CON$IOERED PART OIi THE PROPOSAL
MUST BE 8UBIVIITTED IN DUPLICATE.
WRITTEN 16gg; Jwenty two millon, nl]e hundrod.nineiy thre,e thousand, elgtt hundred ninety slx
FR0PO$HR (prtnt)!.,.,tufryn Lv
Sl0NEDr
ADDRES$I _fj9}I9 1'.119, Py1300
0ITY/$TATEI Boca Ratolr, FL zlP: 33431
FEDERAL1.p.6, 6|o0e8115
NAIVIEITITLH 0F RHPRESENTATIVE (Prlnt):Mlchael Kaufman, Presldent & CEO
0 coftfy thlt I arn aulhodred t0 Bxs0ute lhte proposnl und commlt tho proporlng llnn)
REOUEST FOR PROPOSAL8 NO. 20,I6.204.IG
DESICN/BUItD SERVICE$ FON A IEW PARXII.IO OAMGE FACILITYAND RETATED INFfiASTRUCTURE FOR TI.IE
OOLLINB PARK FARI(ING GARAOE (PIIASE II)
58
GENERAL
Thls scope is lntended to expand and/or c{arify plan lnterpretation in lnstances where the plans are ln confllct or silent,
Should the plans be in confllct wlth other contract documents, thls proposal ls based on the plans belng the default,
t. Thls proposals descrlptlon lncludes the followlngl Site Development of parklng structure, Constructlon of one
(1 ea,) 6 story parklng garage building wlth retail shell space on the ground floor.
2. The following are excludedr
Building permlts fees are included as an allowance of $400,000.00. We understand thls allowance
would be applled to bulldlng permits, occupancy, connection fees, lmpact fees, etc,
Bullder's rlsk insurance and deductibles, Builder's Rlsk lnsurance can be provlded for an additional
$65,000,
Cost of site security and/or pollce presence throughout construction duration.
Cost of any and all utlllty usage and resident trash removal services to the buildlngs after substantlal
completlon ls achleved.
Owner Dlrect Purchase (ODP) administration and tax savings, all sales tax ls lncluded.
FPL transformers, Prlmary Condults and wire, and Deposlts,
CableTV/Phone equlpment and cable or phone wlre from servlce point to communlcation room(s)
and cable or phone wlre from communicatlon room(s) to unlt.
Flre Alarm Monltorlng Servlce Cost
Water Meters, Fees and Deposits
Cost relatlng to Radon Mitlgation,
Commlsslonlng and/or speclal testlng englneer services,
As-Bullt survey, vlbratlon monitorlng and/or vlbratlon damage to adJacent properties as a result of
construction.
Removal, relocatlons, and main llne lnstallatlons to bulldlng(s) polnt, lncludlng fiber optics for gas
(lncludlng meter), power, phone, cable, etc, These shall be provlded by the approprlate servlce
provlder.
Mock up not incorporated lnto the finlsh product,
Owner FF&E unless specifically addressed ln the plans and speclficatlons
Removal, dlsposal, remediatlon, and premlums assoclated with unforeseen or unsultable soll
condltlons, hazardous materlals, or other materials requirlng a controlled removal/disposal other than
Addendum No,8 dated June21,2Q'17,
Asbestos lnspections, reporting documentation and'All Clean"Certlfications,
3,This proposal ls based on of the followlng documents and plans:
Request for Proposals Dated 09/16/16 by Miaml Beach
Addendum 3 Dated 04/13/17
Addendum 4 Dated 04/28/17 (Phase 2 RFP)
Addendum 5 Dated 06/02117
Addendum 6 Dated 06/08/17
Addendum 7 Dated 06/15/17
g. Addendum B Dated 06/21117
4, lt is anticipated that work wlll be performed durlng normal buslness hours (7O0 AM to 5:00 PM)
5. Regardlng temporary and permanent power, temporary or constructlon power will be the responsiblllty of KL
ln lts entirety, On permanent power and consumption, KL is responslble for raceway only for lncomlng
prlmary feed and for secondary and bulldlng power feeds complete, Once the permanent meter(s) have been
lnstalled by FPL for the proJect which cost and lnstallation is an owner responslblllty and requlred for
equlpment testlng, KL wlll no longer be responslble for its consumption henceforth,
RFP N0.2016r04-KB - Phase ll | (ty ofMlaml Beach
DEslGN/BUIl.D SERVICES IOR A NEW PARI(N6 CAfiAGE TACIlITY& RTTAIID INFRASTRU(TURE TOR THE COI.LINS PARK PABKING GAR'I6T
a,
c.
d,
6
f.
s,
h.
l.
t.
k,
L
n,
o,
p,
q.
a,
b,
c,
d.
e,
f.
59
6, Due to the volatlle state of the constructlon market, all constructlon labor, materlals and equlpment are
subJect to signlficant prlce fluctuatlon whlch ls beyond our control other than adding artlficially to the project
cost through escalatlon and contlngency amounts. Resultantly, should the contract agreement not be
finallzed withln 90 days after award, we must reserve our rlght to adJust/negotlate our proposed prlce based
on these prlce swlngs dependant on actual start of constructlon, We most certalnly wlll do everythlng
possible to offset and/or mlnimlze lncreases and will provide necessary backup documentation substantiating
lncreased price,
ALLOWAN(T5
Thls Proposal lncludes the following allowances, which accounts for cost of labon materlal, freight and handllng, taxes,
insurance, subcontractor markup and bond premium(if appllcable):
1, Permit Fees 5+00,000
Drvrsl0N (}z-srTE w0Rl(
1 , All meters will be provided by local utllity providers, They will be purchased by the owner and installed
by the contractor.
DIUISI(}N 03.CONCRETE
1, No qualification
DIVISION O4.MASONRY
1. No quallficatlon
DlVlSl0N 05-l'IEtA[S
1, No qualification
DIVISION O6.W()OD AND PTASTICS
1. No quallficatlon
DIUISION OT.THTRMAT AND MOISTURE
1. No quallficatlon
Dlvtsl0N 08-D00Rs & wlNDot,l|s
1, No qualification
Drulst0N 09- FlNtsHEs
1. No qualification
DIUISION I().SPECIALTIEs
1. No quallfications
DIUISION Il.EQUIPMENT
1, Trash bins and compactors are excluded,
DIVISION I2" FURNISHING
1, No qualificatlon
DIVISION I3. SPECIAI CONSTRUCTION
1, No quallfication
DIVISI()N I4 - (ONVEYANCE
1. (3) 35001b elevators are lncluded as Machine'Room-Less Tractlon with a travel speed of 200 fpm.
DIVISI()N I5.MECHANICAI
1. No quallficatlon
DIVISION 1 6"EtECIRICAt
1, No quallfication
END OF CONTRA(TOR CI"ARIFICATIONS
RtP N0, 2016-20+.KB - Phase ll I Clty ofMiaml Beach
DESIGN/BUII.D SERVICTS TOR A NEW PANKING 6ARAGI TA(ItITY& R[LATED INTRASTRUCTUNE FON IHE COtTINs PARK PARKING GARAGE
60
61
HANS H. HUANC
CHIEF LTGAL OITICER
HH UANG@ KAUFMANLYNN.COM
561.886.4311 (P)
s51.361,6e79 (F)
ffi,ffi luly 18, 2017
.Jimmy Morales, CltY Manager
City of Mlaml Beach
1700 Convention Center Drlve
4ih Floor
Mlaml Beach, FL 33139
Mr. Morales,
Kaufman Lynn Construction, lnc. Is in receipt of the Clty of Miaml Beach (the "City") Procurement
Departments,correspondencedatedyesterdayJulylT,20lTidentifiedasa,,LetterofNon-
Responslveness" and asserting that Kaufman Lynn construction's proposal in connectlon with clty RFP
No.2015.20+KB("RFP,)WaSnotresponsiveandwillthereforenotberecommendedtotheCity
Commissioner. As chlef Legal Offlcer, I have been asked to respond to the legal and factual allegations
set forth therein as well as request reconsideration. we also respectfully request a meetlng with the clty
ManagerbeforearecommendationispresentedtotheCityCommlsslonthatexcludesl(aufmanLynn
consffuctlonrs proposal. Upon receipt, please contact our Vice President of Development Jeffrey Zalkln
lgs;.glz,Tgsz) so ihat we may fully have an opportunity to meet and discuss the city's position'
Lack of Re5oonslveness letter
The Clty's procurement Department asserts that the Cost Tender Form's Certiflcation Page was
rnlssing from Kaufman Lynn Constructlon's Sealed Cost Proposal and relles on the case Electric Co' v' Dade
Cor|ntY,Basedonourinternalreviewandlnvestlgation,KaufmanLynnConstructlonprovldedacomplete
Cost Tender Form whlch was removed from a Sealed cost Proposal envelope, read from, and relied upon
as part of the technlcal proposal, presentation, and deliberations held on July tL,20t7 by the city as set
forth ln section 0400 detailed in the RFP, page L8. As you are aware, the ciiy Manager's representative
Davld Margnez was present during such delfierations and at that time, there was no objection that the
cost Tender Form was incomplete or otherwise unresponsive. To establlsh chain of custody, enclosed
please flnd a copy of our origlnalflle verslon maintalned as part of Kaufman Lynn constructlon's record
keeptng process which mirrors what was included in the sealed cost Proposal envelope and required by
the city. Regardless, for the reasons set forth below, l(aufman Lynn construction's Bid was responslve
and must be considered for the best interest of the clty'
Overvleul
' on Iuly 11, 2017, Kaufman Lynn construction partlcipated in the Phase ll Technlcal Presentation
aspartoftheRFPprocess.Aspartofthepresentation,thecityreviewedtheCostTenderFormand
Teclrnical Proposal. /\t that tlme, the clty, by and through four panellsts, collectively rant<ed Kaufman Lynn
construction,s proposal was superlor to the other participants and in the hest lnterest of the City' ln
particular, three out of four panellsts ranked l(aufman Lynn constructlon's Proposal first and
BOCA RATON FORT TAUDERDATE MIAMI
4gE0 T-Rex Ave., Sulte 300 Boca Baton, FL 38431 soo r Browara Blvd,, #1710, Ft. Lauderdale, FL 33394 1200 Brlckell Ave,, #1950, Miami, FL 33131
P:561,301.6700 r F:S61,Stt,6S7g P:954'320'7022 r Fr954'320'7025 Pr786'350'1055 r F:786'623'7980
RE:
cmyorrr,tlnrvrlBEACHREQUESTFoRpRoPosAtNo.20t6-204.K8
62
MR, JIh4MY L. MONALIS
JuLy 18, 2017
PAoE 2 or 5
I(AT]FMAN LYNN
r,6NS:TRTIMT6N
accumulatively, Kaufman Lynn construction's Proposal exceeded the second ranked proposal by a
slgnlflcant 10 Polnts.
At no relevant time did the Clty upon the revlew and incorporatlon of the Tender Cost Form
identify any deflclencies. At no relevant time during the biddlng process, phase l, or phase ll evaluation
pror.ri were any deflciencies identified that rnlght give l(aufman Lynn Construction an unfair advantage
over the other bldders or otherwise restrict or stifle competitton, ln other words, at the tlme of City's July
LL,ZA11T deilberatlon, nothlng was deemed to unfalrly lmpact the evaluation or revlew of l(aufman Lynn
Constructlon's Proposal or other bidderrs information'
Any deficiency in the Cost Tender Form would have been noted during the July LL, 2a17
dellberatlon because the CostTender From was specifically hiehliehted and discussed due to the alternate
fagadenotailon, Aspartofthedellberationsandpresentation,l(aufmanLynnConstructiondlscussedthe
fagade and prlclng while committing to the prlcing as set forth ln the Tender Cost Form. Agaln, as part of
the dellberations, the City conflrmed recelpt and applied the Cost Tender Form without noting any
deflciencY.
CltfME[aBer's DJlles an4 Responslbllltles
pursuant to the RFp, the Clty Manager is authorlzed to recommend to the Clty Commisslon the
respondent(s) he deems to be ln the best lnterest of the City. To exclude Kaufman Lynn Constructlon's
proposal from the Clty Manager's review would not be in the best interest of the Clty. lnstead, the RFP
hlghlights Mlaml Beach Clty Code (the "code")sectlon 2-369 which llsts relevantfactors such as abillty,
.rpu.ity, and sklll. Under Code Sectlon 2-37t,ll ls the Clty Manager or clty attorney that determlnes
responslveness of a proposal and not the Procurement Department. Accordlngly, Kaufman Lynn
Construction hereby request the opportunity to speak with the Clty Manager as part of its request that
the Clty reconslder its determlnation of lack of responsiveness'
Materlalltv
It ls important to note that even assumlng, arguendo, Kaufman Lynn Construction's Cost Tender
Form did not include Section 1, such omission, which ls a8aln denled, lacks matertality as defined under
applicable case law or otherwise as to overcome the July tL,2077 deliberatlons flndlng Kaufman Lynn
construction,s proposal was ln the best lnterest of the clty. Under Florida statute, 287,0L2(261
"ReSpOnSlVe bid," "fesponslVe propOsal," Of "responslve reply" means a bid, or proposal' or feply
subrnltted by a responslve and responslble vendor whlch conforms ln all materlal respects to the
solicltatlon. ln thls matter, the city asserts that Kaufman Lynn construction did not certify lts conrmltment
to performlng as required by the RFP,
l(aufman Lynn Constructlon moets this requlrement because Section I of the Cost Tender Form
was contalned ln the Sealed Cost Proposal, ln addition, Section lt of the Cost Tender Form includes a
certiflcatlon whlch specificalty states, "l certlfy that I am authorized to execute this proposal and commit
the proposlng firm', among other language affirmatlvely commlttlng to the proposal presented especlally
in conjunction wlth the attached Contractor's Clarlflcations, Contractor's Clarlficatlons commit to the
prlcing set forth ln section Il of the cost Tender Form as well as other requirements contalned in the RFP
63
MR. JIMMY L, MORAI,ES
JULY 18, 201.7
PAGE 3 OF 5
and Addendums. The Phase ll evaluation and deliberations further included oral commitments that
Kaufman Lynn Construction to Guaranteed Maximum Price. Further, Kaufman Lynn Constructlon will not
and has not provlded any indlcatlon that it will not commit to the representations already contained in
Sectlon ll, the Cost Tender Form, lts Proposal, or the Clarifications set forth thereln'
lrreeularltlqs mqv be Waiyld
Kaufman Lynn Construction further notes that the City has the authorlty to lvalve any and all
lrregularltles in any and all formal bids per Code Sectlon 2-367 and applicable law, Even if l(aufman Lynn
did not submit a one.page Proposal Certiflcation, such absence would be immaterial (a mtnor lrregularity)
and is certainlywalvable. Such page has nothingto do wlth the competitive nature of the solicitatlon or
place a proposersuch as l(aufman Lynn in a competitive advantage. See Harrv PPpper & Associates, lnc.
v. Citv of Qape Coral, 352 So,2d 1190, 1193 (Fla, 2d DCA 1977\ ("The test for measurlng whether a
devlatlon ln a bid ls sufficlently material to destroy its competltive character ls whether the variatlon
affects !h.q-amount o.t-thglld br7 giving the bidder an advantase qr-benefit not enjoyed by other bidders."),
This clalmed omlsslon does NOT impact the price or affect the price ln any way, lt does NOT
destroythecompetltlvenatureoftheRFP'sbiddingprocess, ltdoesNOTglveoneproposeracornpetitive
advantage over another proposer. And, it does NOT and did not prevent the City from making a fair
comparlson of the proposals lt received , See Tropabest Foods, lnc. v, State, Dept, of General Services, 493
So,2d 50 (Fla, l't DCA 1986) (finding that although successful bidder's bld vlolated bid speclflcation the
violation did not affect the price of the bid and the "purpose of competitlve bidding is to secure the lowest
responslbleofferandmlnorlrregularltiescanbewaivedlneffectuatingthatpurpose.") AstheTropabest
Foods Courl long maintained,
llowevet, although a bld contalning a materlal varlance is unacceptable, not every devlatlon
from the lnvltatlon to bld ts materlal, tt ts only materlal il it ghrcs the bldder a suhstuntial
odvantage over the other hldders ond thereby restrlcts or stffles competitlott,
493 So.2d at 52. This long-standing princlple was further confirmed hy the Third District ln
InterconlinentalProperties, lnc.-v, State Dept, of Heal!h.And Rehabilltative Servlces, 606 5o'2d 380,386
(Fla, 3d DCA 1992), statlng that there ls a very strong public interest in favor of saving tax dollars In
awardlng public contracts. There ls no public interest, much less a substantlal publlc interest, in
disqualifolng superior bidders for technlcal deficiencies in form, the superior bidder did not derive any
unfair competitive advantage by reason of the technical omission,
Indeed, ln lntercontingrltal Properties, the Third Distrlct stated that the bldder's fallure to attach
proof of the agent's authorlty was nonconformlng and easily remedied: "This ls plainly the sort of
deficlencywhichapublicagencycan,lnitsdlscretion,allowablddertocureafterthefact." ldat386-87'
Hence, although a bidder cannot change its bid after bid-opening, a proposer can cure mlnor
irregularltles after bld-opening. See Harrv Peoper & Assoclates, !t:r.c,, 352 So.2d at 1192 (Fla' 2d DCA 1977)
(explainlng bld could not be amended post opening because the bid included the wrong brand of pumps
to be installed per the specifications and there was a big difference between the pumps that impacted
the sollcltation).
64
MR, JIMMY L, MoMI.Es
JurY 18, 2017
PAGE 4 oF 5
.T(ATJTUANTYUy
CONSTRUCTION
Thg Robinson gasE gupports Kaqfman Lvnn Conslructigns Reouest for-Beconsideration
The Procurement Department's reliance of the Robinson Case is misplaced. The Robinson Court,
when applylng the two prongs of determining materiality, stated that a direct and intentlonal varlance of
the lnstructions dld not amount to materlallty, ln Robinson, although required and set forth In dlrect
contradlctlon of a government agency's written instructlons, a superlor bidderfailed to provide a bid bond
and lnstead provlded a cashier's check. The Court held that the superlor bldder should have prevalled
because the variance should not be deemed materlal. The lacl< of a bld bond did not deprive the
munlcipality of its assurance that the contract wlll be entered into, performed. and Buaranteed accordlng
to lts speclfied requirements. The Robinson Court hlghlighted the fact that tho request for bld
contemplates the need for the superior bidder wlll be required to enter into an agreement as described
ln the "Advertisement to Bid," Even more lmportantly, the Court determlned that a variance should only
be considered material "lf it give the bldder a substantial advantage over the other bldders, and thereby
restricts or stifles competltlon," ld. at 1034.
The Clty has not and cannot state holv a mlsslng slgnature page glves Kaufman Lynn Construction
an substantial advantage over the other bidders, especlally ln llght of the fact deliberatlons took place
before any deficiency was asserted. Llke in RobinsoR, every bidder respondlng to the RFP were on equal
footing during the Phase I and Phase ll evaluations and deliberatlons.
Further, ln additlon to the RFP requlring the successful bidder to enter lnto, perform, and guaranty
according to the speciflc requirements of the RFP, l(aufman Lynn Constructlon made commitments to
perform the same by respondlng the RFP with its Proposal, lncluding a certificatlon on Section ll, verlfying
its commltment as part of the oral presentatlon and dellberatlons, and set forth the commitment ln detail
in its Clarification, Kaufman Lynn Construction's commltments besides those found on the missing Section
lgo heyond those commitments required by appllcable law, Kaufman Lynn Constructlon's purported lack
of responsiveness does not rise to the level of failing to provide a bid bond which our Courts have deemed
immaterlal.
Summarv of olher Relev.ant Cases
Although Kaufman Lynn did submit the Section I of the Cost Tender Form, tlre City's Letter of Non-
Responsiveness letter ls really much ado about nothing slnce thls deals with a minor, waivable lrregularlty.
ln further support of this, ln Technlcal Sales qf Jacksonville, lnc. v Citv of Jacksonvillq, 258 So,2d 839 (Fla.
1st DCA 1972), the Flrst District held that the Clty could walve the fact that the successful bidder failed to
submit a bid on the proper form contrary to the lnstructions to bldders that also requlred the bldders to
note any exception to the specificatlons, whlch the successful bidder failed to do. See Qlso, e.9., Trirnble
Navlgatlon Lifnited Corp, v, Deoaftment of Transportatlon, Case No, L2-385281D, 2013 WL 2395587
(DOAH May 28, 2013) (Department's decision to waive RFP's requirements for three references on
letterhead did not glve proposer a competitive advantage); Sunshlne Towlne @B(oward, lnc. v,
Department of Transoorlation, Case No. L0-O134BID, 2010 WL L4t7770 (DOAH April 6, 2010)
(Department could walve proposer's failure to lnclude requlred occupatlonal licenses as this was a minor
irregularltyh Palm Beach Countv Youth Coalition v, Palm Beach Countv Workforce Development Board,
Case No, 00-t527BlD, 2000 WL 76L2t68 (DOAH October 20, 2000) (omissions ln proposer's proposal
65
I
i
Mn,IIMMY L, MOMLES
JurY 18, 2017
PACE 5 OF 5
I(AUTMANLYNN
d'ffis{ru-tri6_N
includlng not providing a certification was a mlnor irregularity that should have been waived ln llght of
the clrcumstans65l; prof.esslonSl centre lV, lnc, v. Department of Health and.Rehabilltative servige.s, Case
No. g0-40638tD, 1gg0 wL749245 (DOAH August 6, 1990) (fallure to include certiflcatlon letter set forth
ln bid submittal form could have been walved ln llght of the circumstances).1
':Nlc"
To the extent requlred, please also accept this correspondence as a response to the footnote on
page 2. As clarlfied in Addendum 8, existlng and unforeseen condltions includes management of soil
encountered. The GMp form includes duplicative line ltems based on Addendum 8: (1) exlsting condltlons
and (2) site remediation. ln other words, line items for existing conditions includes managing alI soll
encountered as affirmatlvely addressed in contractor's clariftcations (sections 2.p, and 3,g.), Accordingly,
Site Remediation costs dlfferent and dlstlnct from those requlred under Addendum 8 are not included
and hence ,,NlC, whlch stands for Not lncluded. Likewlse to the extent Site Remediation lnvolves Exlstlng
Condltions, such costs are part of the Existing Conditions and the total GMP as clarified by Contractor's
Clariflcation.
Uslng the same analysls ln connectlon wlth the Section I page of the Cost Tender Form above, the
use of the term "NlC" or Not lncluded ln light of Addendum B, the Tender Cost Form, and Contractor's
Clarlfications should not be considered unresponsiveness'
Concluslon
Kaufman Lynn Constructlon trusts that the City wlll consider Kaufman Lynn Construction's factual
and legalarguments and lookforward to speakingwith you in greaterdetail. Please note, we are provldlng
this correspondence in response to the Clty's Letter of Non'Responsiveness and not as part of a Protest
process because, among other reasons, the Inltlatlng a Bld Protest would be pre'mature at this time and
Kaufman Lynn construction ls hopefulwe can avold protracted dlspute resolutlon procedures, However,
Kaufman Lynn Construction is not waiving and hereby reserves its rlght to pursue all remedles available
includlng protesting any award or recommendation that does not include Kaufman Lynn Construction's
propor.l. As stated above, we are hopeful a rneeting between yourself and .leffrey Zalkln can take place
as soon as possible and before a recommendation is provided to the Clty's Commission. ln the meantime,
should you or your city attorney requlre any additional information please do not hesitate to contact me'
Thank you for your tlme and attentlon.
Very truly yours,
[* l{ tL-._
Hans H, Huang ---(
cc: vla email:
Krista Bada, Krlstabada@miamibeachfl,gov
Rafael Granado, RafaelG ranado@miamibeachfl'gov
, Thls ls just an example of decislons ffeatlng analogous omlsslons as nothlng more than a walvable, minor lrregularity'
66
$estton'l -'Cedlflcqtlon
Tha rrnOerstgnod, as Frcposel horoby deolaroe thal tho only peroons Intoteetqd ln thls proposal ao pilnolpal are namod homln
and that no irercon'othor than hereln mentlonod has ony lnterost ln thls propoeal ot ln tho 0ontract to he enlered lntol that thls
proposal ls mnile without oonnEotlon wlth any othor pe6on, flm, or partlet maklng n proposal) and that [t le, ln all reapeote,
inaijo falrly and in good faltlr wlthout solluslon olfuud,
'the Propooorfurlhor deolares that lt has examlned the slte of the Work end lnfomed lteslf fully of all pondltlona pertalnlng t0 tho
plaoo wherc iho Work ls to bo dono; thitt lt has examinod tro Contract Doounronts and all addenda thereto furnlohod bsfore the
bpenlng of tho proposals, as aoknowlodged botowl and that lt haa satlsflod ltself aboutthe Woft to be poformed; and all otha
r6qulred lnformatlon wlth tho proposal; and thatthls proposalls suhmllted voluntatlly and wttllngly,,
The Proposeragrees, lf thls proposalls accepted, to oonttaot wittr tho Ctty, a pollfloel subdlvlslon of lhs Stats of Florlda,
pursuanttb lliq teme and oondltlons of tho Contract Documents and'to furnlsh alt necgssary matedals, equlpment, maohlnary,
ioolq apparatus, nreane of tranoportatlon, and all labot nasesaary to construct and oompleto vulthln tho tlme llmtts spoclflod tho
Work covered by the Contraot Documents fotthe ProJeot eniltled;
REQUEBT FOR PROPOSALB (RFP) ttlo,2016-204-Kts
DESIGN/BUIID SERVICES IORA NEW PARKING GAMGE FACILTryAND RELATED INFRASTRUCTURE FOR THE
coLlNq PARKPARKTNG CARAGE (PHA,SE rl)
Iho Proposer al80 agrces tD fumioh fie requhed Performanco Bond and Paymont Hond ot alternatlve form of securlty, lf
pormltteil by the cifi each folnol,leus than ths'btalptupoeal prloe plus altomates, lf any, prcvldtsd h ths RFP Prloe Form ln
$eotlon 00408 and to lurnlshthe rodulred Certlf,oste(s) of ln$uran06"
tn,the event of srjthmpticalerrors betweon tho dlvlelon iotals and the total,base,propoeal ih the RPF PrioE Form, the Propooer
agrees thattre total hase proposal shallgovern, [n tho event of adlecrcpancy hetween the nqmorlcal htal baee prcpooal'and
thi wrltton lotal base propisai,,the wr{tten total baoe proposal shall gqvom. ln nhoonno ottotals'subrnlttsd for any dlvlslon cost,
tfre CIty shall lhteprot ae no propooal for tho dlvlslon, whloh may dlsquallfy tho Ftopoeer,
State of
personally
)
)
statqd that
corporatloh, end that th6 lnutrument wat elgned-ln bohalf
dlreqtors and acknowledgod eald lnolrutFnt to be. lts volunl
sald
and
of lts bosrd ot
MichaelKaufman Fresldent and CEO
RtsQUE6T FOR PROPO8ALS NOi EO16,2O+,KB
DESIOMBUIID SERVIOEg FORA NBW PABKINO GARASE FAOILITYAND REIATED NMASTRUCTURE FOR THE
COLLINS PARK FARKINO OARAGE(PHA8E II)
67
68
IftT]FMAN IYNN
CONSTRUCTION
INTRODUCTION
The marketing department of Kaufman Lynn Construction (Kaufman Lynn) follows a set process for
creating, assembling, and responding to Request For Proposals (RFPs) and Request For Qualifications
(RFQS). This process is Kaufman Lynn's set procedures to ensure that proposals are compliant regarding
the requirements of the RFP/RFQ.
PROCESS
The process of creating, assembling, and responding to a RFP/RFQ is one that is followed on all of
Kaufman Lynn's submittals and was utilized in the Design/Build for a New Parking Garage Facility for The
Collins Park Parking Garage (RFP No 2016-2014-KB).
This process is as follows:
- RFP/RFQ received by Kaufman Lynn and distributed to all involved parties.
Related dates put into marketing calendar.
Marketing personnel creates Kick-Off Worksheet which includes all requirements of the
RFP/RFQ.
Kick-off meeting is held to review Kick-Off Worksheet,
Marketing sends out Responsibility Matrix based on Kick-Off Worksheet covering the complete
deliverable(s).
As items are completed the Responsibility Matrix is updated to reflect same.
The team reviews a final draft for completeness.
Once the final proposal is completed, the Marketing Manager completes a final compliance
check utilizing the Responsibility Matrix ensurlng all components and forms are lncluded,
MIAMI BEACH COLLINS PARK PARKING GARAGE SPECIFIC
- Addendum No.3 Released
Thursday April 3, 2017 Kaufman Lynn Construction received Addendum No. 3 from William
Garviso of the City of Miami Beach kicking off Phase ll of the RFP process'
Kick-Off Worksheet and Responsibility Matrix (Checklist) Created
Upon receipt of Addendum 3, Kaufman Lynn's marketing department created a Kick'Off
Worksheet and Responsivity Matrix (checklist) for all parties involved with the response to the
RFP.
Kick-off Meeting
The Kaufman Lynn team attended the Pre-Submittal Meeting held by the Clty on Tuesday, April
25 and we as a team held our "kick-off" meeting a few hours after that on the same day and
reviewed the Kick-Off Worksheet and assigned tasks and deadlines for the Responsibility Matrix,
Update Meetings
As part of the process we held on-going status meetings to review progress and update the
Responsibility Matrix.
BOCA BAION
4850 I-Bex Ave,, Suite 300, Boca Baton, FL 33431
P: 561,361.6700 r F: 561.361.6979
FOBT LAUDERDATE
500 E Broward Blvd,, #1710, Ft. Lauderdale, FL 33394
P:954.320.7022 r F: 954.320.7025
MIAMI
1200 Brickell Ave., #1950, Miami, FL 33131
P: 786.350.1055 r F:786,523.7989
69
I(AUFMAN IJNN
C(TNSTRI.:CTION
Addendum 4
On Friday April 28, 2017, Addendum No. 4 was received and the matrix was subsequently
updated to reflect the new requirements and forms on Monday, May 1st. On Tuesday, May
2nd, Sectionl of Exhibit A and Exhibit B (Sample Agreement) were printed. Exhibit B was left
with legal for review and two copies of Section 1 of Exhibit A were given to the executive
assistant (Lynn Almeida) for processing by the President/CEO (Michael Kaufman). Both copies
were signed by President/CEO, Michael Kaufman, and notarized by Lynn Almeida. The copies
were then returned to marketing specialist, Kathleen Bernard, Kathleen stored both files in the
proposal response folder until June 28th when the proposal was bound for review and
submission.
Additional Addendums
For Addendums 5-8 each were received and the Responsibility Matrix updated as needed.
Review
Before submitting on Thursday, June 29th the book underwent a thorough review by our "Red
Team" to check for compliance and responsiveness on Wednesday, June 28th. The Red Team is
responsible for ensuring all of the RFP/RQ requirements are met prior to submission. Then on
June 29th the Marketing Manager reviewed the proposal for compliance prior to sealing and
then were placed in to a box and sealed for submission. At that point Kaufman Lynn's response
was delivered to the City,
70
71
AFFIDAVIT OF KATHI,EEN BERNARI)
STATE OII FLORIDA
COUNTY OF PALM BEACH
Kathleen Bernard hereby submits this afficlavit in the above-captioned matter after being
duly sworn stating the following:
1. I am the Marketing specialist for Kaufman Lynn construction, Inc'
2. As part of my role as Marketing Specialist, I provide research, compile
information, collect information, draft documents including responses to requests for proposals
or requests for qualifications, as well as organize and compile such responses, among other
responsibilities. I have been involved with over ten (10) proposals associated with construction
projects for various government agencies and municipalities.
3. I make this affidavit in conneotion with the City of Miami Beach's ("City's")
Request for Proposal No. 2016-204-KB'
4. As part of my role as Marketing Specialist, I received the City's Addendum No' 4
which contained an Exhibit,oA,, (,,Addendum Exhibit,'). The Addendum Exhibit was comprised
of Section 1, a certification form, and Section'2,the Guaranteed Mru<imum Price form' The
Addendum Exhibit required Kaufman Lynn Construction, Inc.'s CEO and President, Michael
Kaufman, to execute both sections.
5. on May 2,2Ol7,as part of the typical procedures at Kaufman Lynn Construction'
Inc.,I forwarded two copies of the Addendum Exhibit for Mr' Kaufman's signature and left them
with his assistant, LYnn Almeida.
6. It is Ms. Almeida,s job to obtain and notarize Mr. Kau&nan's signature for any
documents requiring such execution'
7. Later that day, I specificatly recall receiving two executed and notarized copies of
the Addendum Exhibit from Ms. Almeida. As with other projects, I kept the two sets of
documents at my desk until Kaufman Lynn Construction, Inc. finalized and packaged the
documents in a sealed enveloPe.
8. Kaufrnan Lynn Construction, Inc.'s standard processes and procedures requires
that Marketing Manager Alexandra Brown review all project documents, tesponses, and
)
)
)
72
information for compliance before delivery to govemment agencies or municipalities. Ms.
Brown performed the review in the response to the RFP'
g. After Alexandra Brown's compliance review, I specifically recall that I packaged
the signed and notarized Addendum Exhibit in an envelope, sealed the envelope, and placed the
sealed envelope in a specified binder containing the original response to the City's Request for
Proposal.
10. I directly handed the box containing the specified binder and thereby the sealed
envelope (which contained one full set of the Addendum Exhibit), among other binders, to a City
representative on the morning of June Zg,2Ol7,the day the proposals were due'
11. On July l!,2017,I attended the City's deliberations and specifically recall that
when the contents of the envelopes were reviewed from all proposers, each envelope appeared to
already be open. In other words, I do not recall on July 1 !, 2Ol7 , that any of the envelopes were
sealed at the time the contents were removed.
lZ. During the July l l, 20t7 deliberations, I recorded the City's seleotion
committee's discussions until scoring began.
13. During the July 11, 2017 deliberations, the City paid close attention to the
contents of each bidder's envelope and information contained in each Addendum Exhibit
specifically asking and clarifying pricing and scope information.
14. At no relevant time did any individual indicate Kaufman Lynn Construction,
Inc.,s proposal was incomplete, insufficient, lacked specificity regarding scope or pricing, or
lacked responsiveness. The contents of the envelope did not appear to be missing based on my
observations.
15. For example, I recall Procurement Department staff member, Kristy Bada
handling the contents of the envelope containing the Addendum Exhibit and made specific
observations. In one instance she texted someone using her cell phone and then left the room;
and upon return, explained to David Gomez that her text involved a question regarding the
information contained in Kaufman Lynn's envelope. Further, upon the conclusion of
deliberations, one of the selection committee members specifically asked Ms. Bada what the
particular question was. She responded that she needed clarification regarding how to treat the
alternative pricing and scope information for the second option provided by Kaufman Lynn
contained therein. At no relevant time during this entire exchange did she (nor others) indicate
any deficiencies or grounds to disqualiff Kaufman Lynn Construction, Inc'
-2-
73
16. Upon return to Kaufman Lynn Construction, [nc.'s offtce, I do not recall finding
any extra or misplaced documents that should have been included in tlie sealed envelope'
1,7 . Upon receipt of the City's letter of non-responsiveness, I thoroughly checked my
desk and our marketing department offices and did not find any extra or misplaced documents
that should have been included in the sealed envelope'
lg. I affirm that I placed one set of the complete Addendum Exhibit in a sealed
envelope and handed such envelope to a representative ofthe City on June 29, 2017 '
I hereby declqre, certify,or state, under penalty of periury, that the foregoing is true and
correct. Executed on , 2017.
FURTHER AFFIANT SAYETH NAUGHT.
S.TATE OF
COUNTY OF
instrunent{acknowledged before me this LUr",fu$Af'017 bv
She is ( vi personally known to me or ( ) has produced V as
Commission No.:
My Commission ExPires:
I LvnnAhnsldai dvCommloolonOO0.l858E' Eipinus 08104/2020
MTADOCS 15210994 I 45608.0001 -3-
74
75
AF'F'IDAVIT OF LYNN ALMEIDA
STATE OF FLORIDA
COUNTY OF PALM BEACH
Lynn Almeida hereby submits this affidavit in the above-captioned matter after being
duly swom stating the following:
1. t am the Executive Assistant for Kaufman Lynn Construction, Inc. In addition to
being an Executive Assistant, I am a Notary Public pursuant to Chapter 117 of the Florida
Statutes.
2. As part of my role as Executive Assistant, I assist the company's CEO
President Mike Kaufmarq including preparing and finalizing documents for his review
signature as well as notarizing his signature when required.
3. I make this affidavit in connection with the City of Miami Beach's ("City's")
Request for Proposal No. 2016-204-KB.
4. As part of my role as Executive Assistant, on May 2, 2017 ,l received two copies
of documents from Kathleen Bemard, Kaufman Lynn Construction, Inc.'s Marketing Speeialist.
These documents inoluded two copies of the Cost Tender's Certification Page, which were
provided to Mr. Kaufman for his review and signature. Upon Mr. Kaufman's signature and my
notarization on Section I, I returned the forms to Kathleen Bernard.
5. I specifically recall Mr. Kaufman signing two copies of the Cost Tender's
Certification on May 2,2017, I also notarized his signature twice on the same date.
6. I specifically recall delivering two executed and notarized documents (Exhibit
"A") to Ms. Bernard,
I hereby declare, certify ol state, under penalty of perjury, that the foregoing is true and
)
)
)
and
and
c o rr e c t. Ex e cu t e dr, -AUl6Ll 2017,
76
FURTHER AFFIANT SAYETH NAUGHT.
STATE OF FLORIDA
o{orARY SEAL)
@
ffi
Notarry Public, State of Florida
Print Name: [Jle t, da lY] rrrrr" -','
)
)
)
The foregoing instrumentrwas acknowledged before me this Q day of -lzafi by
: H;ilI fp.;;;iry knorir to me or ( ) has produced T us
Commission No.:
My Commission Expires:
ALMEIDA
aMIADOCS 15211097 I 45608.0001
77
AFFIDAVIT Or JETFBEY ZALKIN
STATE OF FLORIDA )
)
COUNTY OF PALM BEACH )
Jetfery Zalkin hereby submits this affidavit in the above-captioned matter after being
duly swom stating the following:
1. I am the Vice President of Development for Kaufman Lynn Construction, Inc.
2. As part of my role as Vice President of Development, I oversee all construction
pursuits and proposals involving the public sector such as for governments, cities, ffid
mgnicipalities. I have held similar positions with various companies for over 18 years.
3. I make this affidavit in connection with the City of Miami Beach's ("City's")
Request for Proposal No. 2016-204-KB.
4. I worked with various departments including operations, development, and
marketing to compile and review the information and documents responsive to the City's
Request for ProPosals.
5. Enclosed as Exhibit o'Co'to the conespondence provided by our outside counsel,
is an accurate sunmary of Kaufman Lynn Construction, lnc.'s intemal processes and procedures
when responding to requests for proposals similar to the City's. Those procedures were complied
with in responding to the RFP.
6. As the Vice President of Development for Kaufman Lynn Construction, Inc., part
of my responsibility is to ensure the company has sufficiently reviewed, responded to, and
committed to proposals submitted in response to a request for proposal'
7. On June 28, 21017, as part of the review of the proposal for responsiveness, I
found the RFp packet to be complete. This included the Cost Tender Certification Page (Section
78
1 and Section 2), which was properly executed and included in a separate envelope. Section 1
was also notarized as required.
on June 28, 2017, the sealed
documents including the Cost
I hereby declare, certify or state, under penalty of periury,that the foregoing is true and
correct. Executed on fr,,tl rr94
8. I affirm that upon compilation of the documents
envelope that was provided to the city included all required
Tender,s Certification Page that was executed and notarized.
2017.
FURTHER AFFIANT SAYETH NAUGHT.
STATE OF
COI.INTY OF
ir,rpQ:ument was
lSrJ. He is (2017 by
n1go
N
Commission No.i
My Commission
MTADOCS 15210938 I 45608.0001 -2-
79
EXHIBIT C
80
T(AUFMAN LYNN
CO:\STRUCTION
INTRODUCTION
ffre mart<eting department of Kaufman Lynn Construction (Kaufman Lynn) follows a set process for
creating, assembling, and responding to Request For Proposals (RFPs) and Request For Qualifications
(RFes). This process is Kaufman Lynn's set procedures to ensure that proposals are compliant regarding
the requirements of the RFP/RFQ.
PROCESS
ff* pio..rr of creating, assembling, and responding to a RFP/RFQ is one that is followed on all of
Kaufman Lynn's submittals and was utilized in the Design/Build for a New Parking Garage Facility for The
Collins Park Parking Garage (RFP No 2016.2014-KB).
This process is as follows:
- RFP/RFQ received by Kaufman Lynn and distributed to all involved parties.
- Related dates put into marketing calendar.
- Marketing personnel creates Kick-Off Worksheet which includes all requirements of the
RFP/RFQ.
- Kick-off meeting is held to review Kick-Off Worksheet.
- Marketing sends out Responsibility Matrix based on Kick-Off Worksheet covering the complete
deliverable(s).- As items are completed the Responsibility Matrix is updated to reflect same.
- The team reviews a final draft for completeness.
- , Oncg the .final proposal is completed, the Marketing Manager completes a final compliance
check utilizing the Responsibility Matrix ensuring a[l components and forms are included.
MrAMr BFACH COLLINS PARK PARKING GARAGE SPECIFIC
- Addendum No.3 Released
Thursday April 3, 2017 Kaufman Lynn Construction received Addendum No. 3 from William
Garviso of the city of Miami Beach kicking off Phase ll of the RFP process.
- Kick-Off Worksheet and Responsibllity Matrix (Checklist) Created
Upon receipt of Addendum 3, Kaufman Lynn's marketing department created a Kick-Off
Worksheet and Responsivity Matrix (checklist) for all parties involved with the response to the
RFP.
Kick-off Meeting
The Kaufman Lynn team attended the Pre-Submittal Meeting held by the City on Tuesday, April
25 and we as a team held our "kick-off' meeting a few hours after that on the same day and
reviewed the Kick-Off Worksheet and assigned tasks and deadlines for the Responsibility Matrix.
Update Meetings
As part of the process we held on-going status meetings to review progress and update the
Responsibility Matrix.
BOCA BAION
4850 I-Rex Ave., Suite 300, Boca Raton, FL 33431
P: 561 .36i.6700 r F; 561 ,361 .6979
FORT LAUDERDALE
500 E Broward Blvd., #1710, Ft. Lauderdale, FL 33394
P:954,320.1022 r F: 954,320.7025
MIAM!
1200 Brickell Ave., #1'950, Miami, FL 33131
P: 786,350.1055 r F:786.523'7989
81
KAUTMAN TJNN
C0NSTRI,CTIO],{
Addendum 4
On Friday April 28, 2017, Addendum No. 4 was received and the matrix was subsequently
updated to reflect the new requirements and forms on Monday, May 1st. On Tuesday, May
2nd, Sectionl of Exhibit A and Exhibit B (Sample Agreement) were printed. Exhibit B was left
with legal for review and two copies of Section 1 of Exhibit A were given to the executive
assistant (Lynn Almeida) for processing by the President/CEo (Michael Kaufman). gotl"r copies
were signed by President/CEO, Michael Kaufman, and notarized by Lynn Almeida. The copies
were then returned to marketing specialist, Kathleen Bernard. Kathleen stored both files in the
proposal response folder until June 28th when the proposal was bound for review and
submission.
Additional Addendums
For Addendums 5-8 each were received and the Responsibility Matrix updated as needed.
Review
Before submitting on Thursday, June 29th the book underwent a thorough review by our "Red
Team" to check for compliance and responsiveness on Wednesday, June 28th. The Red Team is
responsible for ensuring all of the RFP/RQ requirements are met prior to submission. Then on
June 29th the Marketing Manager reviewed the proposal for compliance prior to sealing and
then were placed in to a box and sealed for submission. At that point Kaufman Lynn's response
was delivered to the City.
82
83
Ar'FIpAVIT qF ALEXANDRA BRO\\|N
STATE OF FLOzuDA
COTINTY OF PALM BEACH
Alexandra Brown hereby submits this affidavit in the above-captioned matter after being
duly sworn stating the following:
1. I am the Marketing Manager for Kaufman Lynn Construction, Inc. I have been
working with Kaufman Lynn Construction, Inc. in that position for seven (7) years'
Z. As part of my role as Marketing Manager, I provide oversight and ieview of
responses to requests for proposals, including verification that Kaufman Lynn Construction, lnc.
complies with requests substantively and procedurally. I have been involved in the production
and review of responses to Requests for Proposals associated with construction projects for
various government agencies and municipalities for nearly 20 years.
3. I make this affidavit in connection with the City of Miami Beach's ("City's")
Request for Proposal No. 2016-204-KB'
4. As part of my role as Marketing Manager, I reviewed the Request for Proposals
and all subsequent Addenda, noting all response requirements.
5. I collaborate with various departments and individuals within Kaufman Lynn
Construction, Inc. including estimating, operations, and marketing. I recall specifically that
Kaufinan Lynn Construction, Inc.'s proposal, including pricing and cost information, was
reviewed by the company's CEO and President, Michael Kaufman, among other members of the
company's senior and executive teams.
6. Enclosed as Exhibit "C" attached to the correspondence provided by our outside
counsel, is an accurate summary of Ifuufman Lynn Construction, Inc.'s internal processes and
procedures when responding to requests for proposals similar to the Crty's. Those processes and
procedures were followed in the response to the RFP.
7. I supervised Kathleen Bernard, Kaufman Lynn Construction's Marketing
Specialist, who was coordinating the overall preparation of the proposal, tracking progress on
completion of the various proposal sections, and compilation of the company's proposal in its
final form.
)
)
)
84
g. On June 28,2017, as part of the typical procedures at Kaufman Lyrur
Construction, [nc., I reviewed the proposal for responsiveness priol to assembly. I verified that
the Cost Tender's Certification Page, provided with Addendum 4, was properly executed and
seaied in a separate enveloPe.
g. On the moming of June 29,2Ol7 I performed a final review and verified that
Kaufman Lynn Construction's responses complied with all requirements including: (1) inclusion
of the correct number of copies of proposals; (2) inclusion of a clearly marked original; (3)
inclusion of an electronic version of the proposal on a CD; and ( ) inclusion of a completed Cost
Tender Form sealed in an enveloPe.
10. I affirm that based upon my review of Kaufman Lynn Construction, Inc.'s
proposal, a fully executed certification f'orm was included and placed in an envelope that was
sealed and delivered to the CitY.
under penalty of periury, that the foregoing is true and
, 2017.
FURTHER AFFIANT SAYETH NAUGHT.
I hereby declare,.certify or stalet
correct. Executed on . , t t; U\-L '2
STATE OF
COI.INTY OF
My Commission Expires:
PrintName:
MIADOCS 1521 I 113 I 45608.0001 a
85
EXHIBIT C
86
KAUFMAN LYNN
CONSTIlUCTION
BOCA RAION
4850 T-Bex Ave., Suite 300, Booa Baton, FL 33431
P: 561,361,6700 r F: 561,351,6979
FORI LAUDEBDALE
500 E Broward tslvd., #1710, Ft. Lauderdale, FL 33394
P:954.320.7022 r F: 954.320,7025
MIAMI
1200 Brickell Ave., #1950, Miami, FL 33131
P:786,350.1055 r F: 786.523,7989
INTRODUCTION
The marketing department of Kaufman Lynn Construction (Kaufman Lynn) follows a set process for
creating, assembling, and responding to Request For Proposals (RFPs) and Request For Qualifications
(RFQs). This process is Kaufman Lynn's set procedures to ensure that proposals are compliant regarding
the requirements of the RFP/RFQ.
PROCESS
The process of creating, assembling, and responding to a RFP/RFQ is one that is followed on all of
Kaufman Lynn's submlttals and was utilized in the Design/Build for a New Parking Garage Facility for The
Collins Park Parking Garage (RFP No 2016-2014-KB)'
This process is as follows:
- RFP/RFQ received by Kaufman Lynn and distributed to all involved parties.
- Related dates put into marketing calendar.
- Marketing personnel reates Kick-Off Worksheet which includes all requirements of the
RFP/RFQ,
- Kick-off meeting is held to review Kick-OffWorksheet.
- Marketing sends out Responsibility Matrix based on Klck-Off Worksheet covering the complete
deliverable(s).
- As items are completed the Responsibility Matrix is updated to reflect same.
- The team reviews a final draft for completeness.
- Once the final proposal is completed, the Marketing Manager completes a final compliance
check utilizing the Responsibility Matrix ensuring all components and forms are included.
MtAMr qEACH COLLINS PARK PARKING GARAGE SPECIFIC
- Addendum No.3 Released
Thursday April 3, 2017 Kaufman Lynn Construction received Addendum No. 3 from William
Garviso of the City of Miami Beach kicking off Phase ll of the RFP process.
Kick-Off Worksheet and Responsibility Matrix (Checklist) Created
Upon receipt of Addendum 3, Kaufman Lynn's marketing department created a Kick-Off
Worksheet and Responsivity Matrix (checklist) for all parties involved with the response to the
RFP.
Kick-off Meeting
The Kaufman Lynn team attended the Pre-Submittal Meeting held by the City on Tuesday, April
25 and we as a team held our "kick-off' meeting a few hours after that on the same day and
reviewed the Kick-OffWorksheet and assigned tasks and deadlines for the Responsibility Matrix.
Update Meetings
As part of the process we held on-going status meetings to review progress and update the
Responsibility Matrix.
87
KAUFMAN I,YNN
(.IONSTRU(ITION
Addendum 4
On Friday April 28, 2017, Addendum No. 4 was received and the matrix was subsequently
updated to reflect the new requirements and forms on Monday, May lst. On Tuesday, May
2nd, Sectionl of Exhibit A and Exhibit B (Sample Agreement) were printed. Exhibit B was left
with legal for review and two copies of Section 1 of Exhibit A were given to the executive
assistant (Lynn Almeida) for processing by the President/CEo (Michael Kaufman). Both copies
were signed by President/CEO, Michael Kaufman, and notarized by Lynn Almeida, The copies
were then returned to marketing specialist, Kathleen Bernard. Kathleen stored both files in the
proposal response folder until June 28th when the proposal was bound for review and
submission,
AdditionalAddendums
For Addendums 5-8 each were received and the Responsibility Matrix updated as needed.
- Review
Before submitting on ThursdarT, june 29th the book underwent a thorough review by our "Red
Team" to check for compliance and responsiveness on Wednesday, June 28th. The Red Team is
responsible for ensuring all of the RFP/RQ requirements are met prior to submission. Then on
June 29th the Marketing Manager reviewed the proposal for compliance prior to sealing and
then were placed in to a box and sealed for submission. At that point Kaufman Lynn's response
was delivered to the City.
88
89
AFFIDAVIT OF MICIIAEL KAIJF'MAN
STATE OF FLORIDA
COUNTY OF PALM BEACH
Michael Kaufman hereby submits this affidavit after being duly sworn stating the
following:
1, I am the President and Chief Executive Officer of Kaufman Lynn Construction,
Inc. and have held those positions for 28 years.
2, I make this affidavit in connection with the City of Miami Beach's ("City's")
Request for Proposal No. 2016-204-KB (Collins Park Garage).
3, It is and has always been the intent of Kaufman Lynn Construction, Inc. to
comply with the terms of the Cost Tender's Certification Page (the "Certification"). I hereby
state unequivocally that Kaufman Lynn Construction, Inc. will comply with the terms of the
Certification, At the time we submitted our bid in response to the RFP, and all other relevant
times, Kaufman Lynn Construction, Inc. intended to comply with the Certification.
4. I was provided Kaufman Lynn Construction, Inc.'s proposal response (including
two copies of Addendum 4, Exhibit A, Sections 1 and 2) for Phase II of the Miami Beach Collins
Park Parking Garage by my assistant, Lynn Almeida on Tuesday, May 2,2017 for my review
and signature,
5, I signed both copies of the proposal on May 5,2017, in the presence of Lynn
Almeida for notarization. A true and correct copy of the executed Cost Tender's Certification
page that was provided with the original submission is attached to the Affidavit as Exhibit'08,"
)
)
)
90
6. Kaufinan Lynn Construction, Inc.'s internal procedures in responding to RFP's
are attached hereto as Exhibit "C." These procedures are followed with every RFP response and
these same procedures have been in effect for at least the past four years of operation.
7. The procedures outline in Exhibit C were followed in Kaufman Lyrur
Construction, Inc.'s responso to the RFP.
I hereby declare, certify or state,under penalty of perjury, that the foregoing is true and
correct. Executed on 2017.
FURTHER AFFIANT SAYETH NAUGHT.
STATB OF FL
COLTNTY OF
)
)
)
Commission No.:
My Commission Expires:
MTADOCS 15211836 I 45608.0001 .)
91
EXHIBIT B
92
$retlon'l - Ceftlflcation
The undorolgnod, qo Proposer, herehy deolaros thatthe only per6orl0 htorosted ln thla proposal ae pilnolpal are namod hoLoln
and that n0 person othot than heroln msntlonod has any lntoroot ln thls proposal or ln tho 0onfaot h he entered ln{ol that thlo
proposal ls mado wlthout oonneotlon wlth ony othor poroon, flrm, or partlea maklng a proposal and that it ls, ln all raopeote,
mado falily and ln good falth wlthout oolluslon of fraud,
Tha. Ptopooerlurihot doolaroe th.at lt hae oxaminod the slto of tho Work and lnlormed lteolf fully of all pondltlona prtalnlng to tho
plaoe whote'the Work Is to he dono; thrit lt has oxamlned ihe Contraot Docurnents and all adddnda theroto fumlshed bpforo the
oponlng of tho pmpOsala, as acknowlodged bolow; and that lt has aatlsflod ltsolf about the Work to he pefomedi and all other
regulrod lnformaton wtflrthe prop.osal; and that thh propoeal is suhmlttod voluntarJly and witllngly,.
Tho Propoeer agteas, if thle proposaf ls aceepted, to oontmot with tho CIt6 a pollfloal subdlvlsbn of tho State of Florlda,
pursuant fo thq terme and condlt[one. of the Contraot Doouments and'lo furnlsh all necessary matedals, equlpmen( maohlnery,
toolsl apparatus, means of transpoflatlon, and alllabor neeesaatyrto csnstruci and complotowlthin ffro tlme tlmltsspeclflod the
Work covered by the 0ontraot Documents forthe Pro.leot entltled:
D ES T G N/B U rtD s E RVT c ES tr ff fi Hfi,'J^[ffilif 3ffi6E tffi ilil,ii,il frliiffi T N FMsTRu oTu RE F oR TH E
coLLlNS PARK pARKrNc oARAGE (PHASE lt)
The Proposor also agreos to furnish iho requlred Porformance Bond and Payment Bond or altornatlve form of seourlty,lf
pormltted by theCliy, each for nst.less than th,sbtal ptoposal prlce plus attomates, lf a[y, provlded tn the RFP Prlce Form ln
Sectlon 00408 and to furnlshthe roqulred Corllflcqto(e) of lnsurancs.
ln ,tho event ol arlthmstloal ercrr bctween tho dlvlslon totals and the lotal haoo,prposal ln tho RFP Prloe Fom, tlio Propeor
agroas hatthe total base propoml shallgovern, ln the oventof a dlsompancy botwesn ihe nqmerloaltotal bsce proposalnnd
lhs wrltten htal haso proposal tho wdtton tohl baoo proposal shall gqvorn. ln ahsenqs of totale'sutrmttted fot any dlvlsion coa[
the CIty ehall lntepret ae no propoeal for the dlv]shn, whloh may dlsqUallfl tho ProBqsor,
State of
personally
)
stated that
of lh board of
REqUEET FOR'PROPOSALS NOi 20{O"2OA.KB
DESIOI'UBUIID 8ERVICE9 FOR A NEW PARKING EARAGE FAOILITY AND REI"ATED
'NFRA8TRUCTURE
FOR THE
COI1INS PAFK FARKINO
'iARAOh
(PHA8E It)
Michael Kaufman Presldent and CEO
corporatlon, and thatlhe Imtrument was
dlteqlsrs and scknowledgod sald Inrfulfflnt
93
EXHIBIT C
94
TGUFMAN IYNN
COI{STRUCTION
INTRODUCTION
The marketing department of Kaufman Lynn Construction (Kaufman Lynn) follows a set process for
creating, assembling, and responding to Request For Proposals (RFPs) and Request For Qualifications
(RFQs), This process is Kaufman Lynn's set procedures to ensure that proposals are compliant regarding
the requirements of the RFP/RFq.
PROCESS
The process of creating, assembling, and responding to a RFP/RFQ is one that is followed on all of
Kaufman Lynn's submittals and was utilized in the Design/euild for a New Parking Garage Facility for The
Collins Park Parking Garage (RFP No 2016-2014-KB),
This process is as follows:
- RFP/RFQ received by Kaufman Lynn and distributed to all involved parties.
Related dates put into marketing calendar.
Marketing personnel creates Kick-Off Worksheet which includes all requirements of the
RFP/RFQ,
Kick-off meeting is held to review Kick-Off Worksheet.
Marketing sends out Responsibility Matrix based on Kick-Off Worksheet covering the complete
deliverable(s).
As items are completed the Responsibility Matrix is updated to reflect same.
The team reviews a final draft for completeness.
Once the final proposal is completed, the Marketing Manager completes a final compliance
check utilizing the Responsibility Matrix ensuring all components and forms are included.
MIAMI BEACH COLLINS PARK PARKING GARAGE SPECIFIC
- Addendum No.3 Released
Thursday April 3, 2017 Kaufman Lynn Construction received Addendum No. 3 from Williarn
Garviso of the City of Miami Beach kicking off Phase ll of the RFP process.
Kick-Off Worksheet and Responsibility Matrix (Checklist) Created
Upon receipt of Addendum 3, Kaufman Lynn's marketing department created a Kick-Off
Worksheet and Responsivity Matrix (checklist) for all parties involved with the response to the
RFP.
Kick-off Meeting
The Kaufman Lynn team attended the Pre-Submittal Meeting held by the City on Tuesday, April
25 and we as a team held our "kick-off' meeting a few hours after that on the same day and
reviewed the Kick-Off Worksheet and assigned tasks and deadlines for the Responsibility Matrix.
Update Meetings
As part of the process we held on-going status meetings to review progress and update the
Responsibility Matrix.
BOCA RATON
4850 T-Bex Ave,, Suite 300, Boca Baton, FL 33431
P: 561.361,6700 r F: 561.361,6979
FOBT TAUDERDALE
500 E Broward Blvd,, #1710, Ft. Lauderdale, FL 33394
P:984.320.7022 r F: 954.320.7025
MIAMI
1200 Brickell Ave,, #1950, Miami, FL 33131
P: 786.350,1055 r F: 786.523.7989
95
I(AI.IFMAN I]TNN
(]OTiSTRI;CTI0:{
Addendum 4
On Friday April 28, 2017, Addendum No. 4 was received and the matrix was subsequently
updated to reflect the new requirements and forms on Monday, May 1st. On Tuesday, May
2nd, Sectionl of Exhibit A and Exhibit B (Sample Agreement) were printed. Exhibit B was left
with legal for review and two copies of Section 1 of Exhibit A were given to the executive
assistant (Lynn Almeida) for processing by the President/CEO (Michael Kaufman). Both copies
were signed by President/CEO, Michael Kaufman, and notarized by Lynn Almeida. The copies
were then returned to marketing speciplist, Kathleen Be.rnard. Kathleen stored both files in the
proposal response folder until June 28th when the proposal was bound for review and
submission.
Additlonal Addendums
For Addendums 5-8 each were received and the Responsibility Matrix updated as needed.
Review
Before submitting on Thursday, June 29th the book underwent a thorough review by our "Red
Team" to check for compliance and responsiveness on Wednesday, June 28th. The Red Team is
responsible for ensuring all of the RFPIRQ requirements are met prior to submission, Then on
June 29th the Marketing Manager reviewed the proposal for compliance prior to sealing and
then were placed in to a box and sealed for submission. At that point Kaufman Lynn's response
was delivered to the City.
96
HAN5 H. HUANG
CHIEF LECAL OFFICER
H HUANG@ KAUFMANLYNN.CO[4
s61,886.4311 (P)
s51.361.6e7s (F)
)ulv t8,20t7
Jimmy Morales, CitY Manager
City of Miami Beach
1700 Convention Center Drive
4th Floor
Miami Beach, FL 33139
RE:
Mr. Morales,
Kaufman Lynn Construction, lnc. is in receipt of the City of Miami Beach (the "City") Procurement
D€partments' correspondence dated yesterday July 17, 2OL7 identified as a "Letter of Non-
Responsiveness" and asserting that Kaufman Lynn Construction's proposal in connection with City RFP
No. 201G-204-KB ("RFP') was not responsive and will therefore not be recommended to the City
Commissioner. As Chief Legal Officer, I have been asked to respond to the legal and factual allegations
set forth therein as welI as request reconsideration. We also respectfully request a meeting with the City
Manager before a recommendation is presented to the City Commission that excludes Kaufman Lynn
Construction's Proposal. Upon receipt, please contact our Vice President of Development Jeffrey Zalkin
(954.812.7852) so that we may fully have an opportunity to meet and discuss the City's position.
lack of Resoonslveness Letter
The City's Procurement Department asserts that the Cost Tender Form's Certification Page was
missing from Kaufman Lynn Construction's Sealed Cost Proposal and relies on the case Elggldc Co.-V-Dade
County. Based on our internal review and lnvestigation, Kaufman Lynn Construction provided a complete
Cost Tender Form which was removed from a Sealed Cost Proposal envelope, read from, and relied upon
as part of the technical proposal, presentation, and deliberations held on July 11., 2077 by the City as set
forth in Section 0400 detailed in the RFP, page 18. As you are aware, the City Manager's representative
David Martinez was present during such deliberations and at that time, there was no objectlon that the
Cost Tender Form was incom.plete or otherwise unresponsive, To establish chain of custody, enclosed
please find a copy of our originalfile verslon maintained as part of Kaufman Lynn Construction's record
keeping process which mirrors what was included in the Sealed Cost Proposal envelope and required by
the City. Regardless, for the reasons set forth below, Kaufman Lynn Construction's Bid was responsive
and must be considered for the best interest of the city.
Overvlew
OnJuly 11,2017, Kaufman Lynn Construction participated in the Phase llTechnical Presentation
as part of the RFP process. As part of the presentation, the city reviewed the Cost Tender Form and
Technical proposa[. At that time, the City, by and through four panelists, collectively ranked Kaufman Lynn
Construction's Proposal was superior to the other participants and in the best interest of the City. ln
particular, three out of four panelists ranked Kaufman Lynn Construction's Proposal first and
BOCA BATON FORT LAUDEBDALE MIAMI
4850 T-Bex Ave., Suite 300, Boca Haton, FL 33431 500 E Broward Blvd., #1710, Ft. Lauderdale, FL 33394 1 200 Brickell Ave,, #1 950, Miami, FL 33131
P:561.361.6700 r F:561.361,6979 P:954.320.7022 r F:954.320.7025 P:786,350,1055 r F:786.523.7989
KAUFMAN LYNN
CONSTRUCTION
CIW OF MTAMI BEACH REqUEST FOR PROPOSAT NO.2O15-204-KB
97
MR. JIMMY L. MORALE5
JurY 18,20U
PACE 2 OF 5
accumulatively, Kaufman Lynn Construction's Proposal exceeded the second ranked proposal by a
significant 10 points.
At no relevant time did the City upon the review and incorporation of the Tender Cost Form
identify any deficiencies, At no relevant time during the bidding process, phase l, or phase ll evaluation
process were any deflciencies identified that might give Kaufman Lynn Construction an unfair advantage
over the other bidders or otherwise restrict or stifle competition. ln other words, at the time of City's July
1-l,2OL7 deliberation, nothing was deemed to unfairly impact the evaluation or review of Kaufman Lynn
Construction's Proposal or other bidder's information,
Any deficiency in the Cost Tender Form would have been noted during the July tL, 20L7
deliberation because the Cost Tender From was specifically highlighted and discussed due to the alternate
fagade notation, As part of the deliberations and presentation, Kaufman Lynn Construction discussed the
fagade and pricing while committing to the priclng as set forth in the Tender Cost Form. Agaln, as part of
the deliberations, the City confirmed receipt and applied the Cost Tender Form without noting any
deficiency.
Citv Manager's Duties and Responsiblllties
Pursuant to the RFP, the City Manager is authorized to recommend to the City Commission the
respondent(s) he deems to be in the best interest of the City. To exclude Kaufman Lynn Construction's
proposal from the City Manager's review would not be in the best interest of the City. lnstead, the RFP
highlights Miami Beach City Code (the "Code") Section 2-369 which lists relevant factors such as ability,
capacity, and skill. Under Code Section 2-37L, it is the City Manager or city attorney that determines
responsiveness of a proposal and not the Procurement Department. Accordingly, Kaufman Lynn
Construction hereby request the opportunity to speak with the City Manager as part of its request that
the City reconsider its determination of lack of responsiveness.
Materialltv
It is important to note that even assuming, orguendo, Kaufman Lynn Construction's Cost Tender
Form did not include Section 1, such omission, which is again denied, lacks materiality as defined under
applicable case law or otherwise as to overcome the July 1t, 2017 deliberations finding Kaufman Lynn
Construction's proposal was in the best interest of the city. Under Florida Statute, 287.012(26l.
"ReSpOnSive bid," "responSiVe prOpOSal," Or "responsive feply" meanS a bid, Or proposal, or reply
submitted by a responsive and responsible vendor which conforms in all material respects to the
solicitation. ln this matter, the City asserts that Kaufman Lynn Construction did not certify its commitment
to performing as required by the RFP.
Kaufman Lynn Construction meets this requirement because Section I of the Cost Tender Form
was contained in the Sealed Cost Proposal. ln addition, Section ll of the Cost Tender Form includes a
certification which specifically states, "l certify that t am authorized to execute this proposal and commit
the proposing firm" among other language affirmatively committing to the proposal presented especially
in conjunction with the attached Contractor's Clarifications. Contractor's Clarifications commit to the
pricing set forth in Section ll of the Cost Tender Form as well as other requirements contained in the RFP
I(AUFMAN LYNN
co-Ns-lrRTleTroN
98
MR.IIMMY L. MORATES
JULY 18, 2017
PAGE 3 OF 5
and Addendums. The Phase ll evaluation and deliberations further included oral commitments that
Kaufman Lynn Construction to Guaranteed Maximum Price. Further, Kaufman Lynn Construction will not
and has not provided any indication that it will not commit to the representations already contained in
Section ll, the Cost Tender Form, its Proposal, or the Clarifications set forth therein.
trresularities mav be Waived
Kaufman Lynn Construction further notes that the City has the authority to waive any and all
irregularities in any and all formal bids per Code Section 2-367 and applicable law. Even if Kaufman Lynn
did not submit a one-page Proposal Certification, such absence would be immaterial (a mlnor irregularity)
andiscertainlywaivable. Suchpagehasnothingtodowiththecompetitivenatureofthesolicitationor
place a proposer such as Kaufman Lynn in a competitive advantage. See Harrv Pepper & Associates, lnc.
v. Citv of Cape Coral, 352 So.2d 1190, 1193 (Fla. 2d DCA, 1977) ("The test for measuring whether a
deviation in a bid is sufficiently material to destroy its competitive character is whether the variation
affects the amount of the bid by giving the bidder an advantase or benefit not enjoyed by other bidders,").
This claimed omission does NOT impact the price or affect the price in any way' lt does NOT
destroythe competitive nature of the RFP's bidding process, lt does NOT give one proposer a competitive
advantage over another proposer. And, it does NOT and did not prevent the City from making a fair
comparison of the proposals it received. See Tropabest Foods, lnc, v. State, Dept. of Generol Services,493
So.2d 50 (Fla. 1't DCA 1986) (finding that although successful bidder's bid violated bid specification the
violation dld not affect the price of the bid and the "purpose of competitive bidding is to secure the lowest
responsible offer and minor irregularities can be waived in effectuating that purpose'") As the Tropabest
Foods Courl lonB maintained,
However, although o bid contalnlng a mdteriol vorlance is unacceptoble, not every devlotlon
from the lnvltotlon to bid is moterlol. lt is only material if it gives the bldder o substsntial
odvantage over the other hidders and thereby restrlcts or stifles competitlon.
493 So.2d at 52. This long-standing principle was further confirmed by the Third District in
506 So.2d 380, 386
(Fla. 3d DCA 1992), stating that there is a very strong public interest in favor of saving tax dollars in
awarding public contracts. There is no public interest, much less a substantial public interest, in
disqualifying superior bidders for technical deficiencies in form, the superior bidder did not derive any
unfair competitive advantage by reason of the technical omission.
lndeed, in lntercontinentalProperties, the Third District stated that the bidder's failure to attach
proof of the agent's authority was nonconforming and easily remedied: "This is plainly the sort of
deficiency which a public agency can, in its discretion, allow a bidder to cure after the tact." ld at 386-87.
Hence, although a bidder cannot change its bid after bid-opening, a proposer can cure minor
irregularities after bid-opening. See Harrv Peoper & Associates. !nc.. 352 So.2d alLL92 (Fla. 2d DCA 1977)
(explaining bid could not be amended post opening because the bid included the wrong brand of pumps
to be installed per the specifications and there was a big difference between the pumps that impacted
the solicitation).
KAUFMANLYNN
CONSTRUCTION
99
N4R, JIMMY L. MoRALES
JULY 18, 2017
PAGE 4 oF 5
The Roblnson Case Supports Kaufman tvnn Constructions Request for Reconsideration
The Procurement Department's reliance of the Robinson Case is misplaced. The Robinson Court,
when applying the two prongs of determininB materiality, stated that a direct and intentional variance of
the instructions did not amount to materiality. ln Fobinson, although required and set forth in direct
contradiction of a government agency's written instructions, a superior bidder failed to provide a bid bond
and instead provided a cashier's check, The Court held that the superior bidder should have prevailed
because the variance should not be deemed material. The lack of a bid bond did not deprive the
municipality of its assurance that the contract will be entered into, performed, and guaranteed according
to its specified requirements. The Robinson Court highlighted the fact that the request for bid
contemplates the need for the superior bidder will be required to enter into an agreement as described
in the "Advertisement to Bid," Even more importantly, the Court determined that a variance should only
be considered material "if it give the bidder a substantial advantage over the other bidders, and thereby
restricts or stifles competition." ld. of 7034'
The City has not and cannot state how a missing signature page gives Kaufman Lynn Construction
an substantial advantage over the other bidders, especially in light of the fact deliberations took place
before any deficiency was asserted. Like in Robinson, every bldder responding to the RFP were on equal
footing during the Phase I and Phase ll evaluations and deliberations.
Further, in addition to the RFP requiring the successful bidder to enter into, perform, and guaranty
according to the specific requirements of the RFP, Kaufman Lynn Construction made commitments to
perform the same by responding the RFP with its Proposal, including a certification on Section ll, verifying
its commitment as part of the oral presentation and deliberations, and set forth the commitment in detail
in its Clarification. Kaufman Lynn Construction's commitments besides those found on the missinB Section
I go beyond those commitments required by applicable law. Kaufman Lynn Construction's purported lack
of responsiveness does not rise to the level of failing to provide a bid bond which our Courts have deemed
immaterial.
Summarv of other-Bel.evant Cases
Although Kaufman Lynn did submit the Section I of the Cost Tender Form, the City's Letter of Non-
Responsiveness letter is really much ado about nothing since this deals with a minor, waivable irregularity.
ln further support of this, in Technical Sales of Jacksonville, lnc. v CiW of Jacksonville, 258 So.2d 839 (Fla.
1st DCA Lg7Zl, the First District held that the City could waive the fact that the successful bidder failed to
submit a bid on the proper form contrary to the instructions to bidders that also required the bidders to
note any exception to the specifications, which the successful bidder failed to do. See olso, e.9., Trimble
Navisation Limiteg! Corp, v. Department of Transportation. Case No. 12-386281D, 2013 WL 2395587
(DOAH May 28, 2013) (Department's decision to waive RFP's requirements for three references on
letterheaddidnotgiveproposeracompetitiveadvantaee);
Deparlment of Transportation. Case No. 10-013481D, 2010 WL L4t7770 (DOAH April 5, 2010)
(Department could waive proposer's failure to include required occupational licenses as this was a minor
irregularity); Palm Beach Countrl-Youth Coalition v.-Palm Beach Countv Workforce Develooment Board,
Case No. OO-15Z7B|D, 2OOO WL 1512168 (DOAH October 20,2OO0) (omissions in proposer's proposal
I(AUT'MAN LYNN
CONSTRUCTION
100
MR. JIMMY L MORALES
JULY 18, 2017
PAGE 5 oF 5
I(AUFMAN LYNN
coN-ffimr-idN
inctuding not providing a certification was a minor irregularity that should have been waived in light of
the circumstances); Professional Centre lV, Inc. v. Department of Health ang! Rehabilitative Services, Case
No. g0-40638tD, 1990 WL749245 (DOAH August 5, 1990) (failure to include certification letter set forth
in bid submittal form could have been waived in light of the circumstances).l
"NIC"
To the extent required, please also accept this correspondence as a response to the footnote on
page 2. As clarified in Addendum 8, existing and unforeseen conditions includes management of soil
encountered. The GMP form includes duplicative line items based on Addendum 8: (1) existing conditions
and (2) site remediation. ln other words, line items for existing conditions includes managing all soil
encountered as affirmatively addressed in Contractor's Clarifications (sections 2'p' and 3.g.). Accordingly,
Site Remediation costs different and distinct from those required under Addendum 8 are not included
and hence "NlC" which stands for Not lncluded. Likewise to the extent Site Remedlation involves Existing
Conditions, such costs are part of the Existing Conditions and the totalGMP as clarified by Contractot's
Clarification.
Using the same analysis in connection with the Section I page of the Cost Tender Form above, the
use of the term "NlC" or Not lncluded in light of Addendum 8, the Tender Cost Form, and Contractor's
Clarifications should not be considered unresponsiveness.
Conclusion
Kaufman Lynn Construction trusts that the City will consider Kaufman Lynn Construction's factual
and legal arguments and look forward to speaking with you in greater detail. Please note, we are providing
this correspondence in response to the Cit/s Letter of Non-Responsiveness and not as part of a Protest
process because, among other reasons, the initiating a Bid Protest would be pre-mature at this time and
Kaufman Lynn Construction is hopeful we can avoid protracted dispute resolutlon procedures. However,
Kaufman Lynn Construction is not waiving and hereby reserves its right to pursue all remedies available
including protesting any award or recommendation that does not include Kaufman Lynn Construction's
proposal. As stated above, we are hopeful a meeting between yourself and Jeffrey Zalkin can take place
as soon as possible and before a recommendation is provided to the City's Commission. ln the meantime,
should you or your city attorney require any additional information please do not hesitate to contact me.
Thank you for your time and attention.
Very truly yours,LI tL-
Hins H. Huang \<
cc: via emaill
Krista Bada, Kristabada@ miam ibeachfl.gov
Rafael Granado, RafaelG ranado @ m iami beachfl, gov
I This is lust an exampte of decisions treatlng analogous omisslons as nothlng more than a waivable, minor irregularity.
101
Sectlon I - Cedlflcation
The undersigned, ao Proposer, heroby doolaree that the only persons lnterested In this proposal as prlnclpal are namsd heteln
and that n0 person other than hereln menfloned has any lnterost ln thls proposal or in the Oontract to be entered lnto; that this
propooal [o made wlthout oonneotion wlth any olher person, firm, 0r partles making a proposal; and that [t ls, ln all rcspecte,
made falrly and in good faith without oolluslon or fraud,
The Proposer"furlher deolares that lt has examined the site of ths Work and lnformed ltselt fully of all condltlons pertalnlng to the
plaoe where lhe Work [s to bo dons; {hat lt has.examinod tln Contraet Documents and all addenda thereb furnished bsfore the
openlng of the proposals, as mknowledged below; and lhat lt has satisfled iholf ahut the Wor{< to be poriomed; and all other
tequlmd lnforma{lon with tha proposal; and that ttris proposal is suhmltted voluntarlly and wltllngly..
The Proposer agrees, if th[s'pmposaf is accepted, to oontract witr tho City, a polllioal subdlvision ofthe Stato of Florlda,
pursuanttb fie terms and condltlons of the Contract Docurnenh and to fi,rrnish ell necessary materials, equlpment, machtnery;
toolsi apparafus, means of transporteton, and afl labor neeessaty to construct and complete wlthin the tima llmlts speelfied the
Wok csvered by tre Contract Documenb for the PtoJect entltled:
REQUEST FOR PROPOSALS (RFP) N0.2016-204-KB
DESIGN/BUILD SERVICES FORA NEW PARKING GARAGE FAOILITYAND RELATED INFRASTRUCTURE FOR THE
coLLrNs PARK PARKTNG GAMGE (PHASE il)
The Pmposer alsq agrees to furnlsh the requlred Performanoe Bond and Payment Bond or alternatlve form of securlty, lf
permltted by Breclty; each fot not less than thetotal proposal prhe plus altemates, ltaqy, provldd ln the RFP Price Form [n
Sectlon 00408 and to furnlsh'he rsqulred Oertlf,cate(e) of lnsuranoe.
ln.tho event of arithmaflcal ermrs hetween tre dMslon totals and the total basepropoeal ln the RFP Prloe Form, tha Propooer,
agroos hatthe total baso proposal shallgorrern, ln the eventof a dhcrepancy betweEn lhe numorlceltoht beee prcposal'and
the writton total base proposal, the,wr{tten total baoe propsal shall govom. ln abeonoe of totals'submltted for any dlvlsion cost
fie CIty slmll Intemret aB no proposalfor tho dlv]ehn, whloh may dlsquailfl the Prcpaser.
State of )
)
stated that
personally
of lts boird of
Notary Public for the State of Florid
My Commlsslon Explres:
REQUEST FOR,PROPOSALS NO; 201&'2O4.KB
DESIG}VtsUIID SERVICES FOR A NEW PARKING GARAGE FAGILITY AND RELATED INFMSTRUCTURE FOR THE
cor.flNs F,iFK pARKlNc GARAOE (PHA8E ll)
Michael Kaufman President and GEO
Datsr
51212017
corpomflon, and that ths inrtrument was
dlreptom and aoknowleffed sald lnatu
102
New Business and Commission Requests - R9 E
COMMISSION MEMOR^ANDUM
Horprable Mayor and Members of the City Commission
Rafael E. Granado, City Clerk and RaulJ. Aguila, CityAttorney
September 13,2017
MIAMIBEACH
TO:
FROM:
DATE:
SUBJECT: CITY OF MIAMI BEACH CANVASSING BOARD MEMBERSHIP FOR THE CITY'S NOVEMBER
2017 GENERAL, SPECTAL, AND (tF NECESSARY) RUN-OFF ELECTTONS. (FOR
INFORMATIONAL PURPOSES ONLY NO ACTION REQUIRED.)
ANALYSIS
The City of Miami Beach's General and Special Elections are scheduled for Novenber 7, 2017, with any Run-Off Election to
occur on November 21, 2017. fhe City is required by State Election Law and the City Code to designate a Canvassing Board,
which has the responsibility of canvassing vote-by-neil (formerly 'absentee') ballots as well as overseeing the conduct of the
Elections.
Pursuant to City Code Section 38-8, the Canvassing Board is composed of a County Court Judge (appointed by the Chief
Judge of the 11th Judicial Circuit), the City Clerk, and a nrenber of the City Conrnission to be appointed by the Conrrission.
Canvassing Board nembers nny not be candidates with opposition in the City's General or Run-Off Elections, nor ney they be
active participants in the canpaign or candidacy of any candidate with opposition in said Elections.
Since no npnber of the City Conrnission is eligible to serve on the Canvassing Board (because each Conmission rnenber is
either a candidate with opposition in the City's General/Run-Off Elections, or is an active participant in the canpaign or
candidacy of a candidate with opposition in said Elections), the City Clerk is required per City Code Section 38-8(b) to appoint a
qualified electorl of the City to serye as a Substitute rnember of the Canvassing Board; the City Clerk is also required to select a
qualifled elector of the City to serve as an Alternate menber, who will serve as a nenber of the Canvassing Board in the event
the Substitute menber or other rnenber (besides the County Court Judge) is unable to serve.2
Accordingly, the City Clerk has selected Jinrny McMillion, City Financial Analyst lll, to serve as the (non-County Court Judge)
Substitute Menter of the Canvassing Board, and Judy Hoanshelt, City Grants Managel to serve as the Alternative Menber of
the Canvassing Board.
Upon Chief Judge Bertila Soto's appointnent of the County Court Judge-Canvassing Board Member, membership designation
will be conplete, after which tinre we will provide the City Convnission via Letter to Conrnission (LIC) with a conplete and final
list of Canvassing Board n€rnbers.
1 A"qualified elector'' is a resident of the Cig of Miami Beach, over the age of 18, who is a registered voter with the Mian$-Dade
Coun$ Elections Departnent.
2 See, City Code section 38-8(b). Note: ln the event lhe County Judge selected by the Chief Judge is unable to serve on the
Canvassing Board, such County Court Judge shall be replaced with another County Court Judge appointed by Chief Judge to
serve as Substitute rnenber.
Leo'lslative Trackino
Office of the City Clerk/Office of the City Attorney
103
THIS PAGE INTENTIONALLY LEFT BLANK
104
New Eusiness and Commission Req
MIAMIBTACH
COMMISSION MEMORANDUM
TO: Honorable Mayor and Members of the City Commission
FROM: Jimmy L. Morales, City Manager
DATE: September 13,2017
SUBJECT:DISCUSSION ON THE CONDITION OF THE LOG CABIN STRUCTURE
LOCATED AT 8128 COLLINS AVENUE.
RECOMMENDATION
See Memorandum attached.
Leoislative Trackino
Property ManagenenVPlanning
ATTACHMENTS:
Description
o Commission Memo for 911312017
n FCWPCmemorandum9lSll7
o MDPL exhibit 1
o MDPL exhibit 2 - KP Log Cabin Research
n BEA Report of the log cabin
o McKenzie - Log Cabin
o DWA Report
o Log Cabin Pictures
n Commission Memo
n Log Cabin-Building Official
o Additianal Memorandum with FCWPC recommendation
Page 2226 o'(2519
105
Cityof Miami Beach, 17OO Convention Center Drive, Miami Beach, Florida 33139, ffi.miamibeachfl.gov
COMMISSION MEMORANDUM
MIAMI BEACH
TO:
FROM:
DATE:
SUBJECT: Miami Beach Log Gabin
BACKGROUND
On July 26, 2A17, City Commission accepted the Finance and Citywide Projects
Committee's recommendations regarding the Log Cabin structure located at 8128,
namely for City staff to collaborate with the Miami-Dade Preservation League to further
investigate the Log Cabin's historical significance, work with the City's Grants
Department to identify potential funding opportunities available for restoration of the
structure, revisit the feasibility of relocating the Log Cabin, and further explore the option
to build an in-kind structure while salvaging key elements of the Log Cabin that remain in
fair condition today.
Staff's findings, presented at the September 8, 2017 Finance and Citywide Projects
Committee meeting, are attached herein for the Commission's review.
CONCLUSION
Staff is seeking direction from the Mayor and City Commission with respect to the
reconstruction and future use of this building.
Mayor Philip Levine and Members of the City Commission
Jimmy L. Morales, City Manager
September 13,2017
Page2227 of2519
106
MIAMIBTACH
Ciiy of iliomi Beoch, 1700 Convention Center Drive, Miomi Beoch, Florido 33139, www.miomibeochfl.gov
FROM:
DATE:
SUBJECT:
MEMORANDUM
Members of the Finance and Citywide Projects Committee
Jimmy L. Morales, City Manager
September 8,2017
DISCUSSION REGARDING THE GONDITION OF THE LOG GABIN
STRUCTURE LOCATED AT 8128 COLLINS AVENUE
BACKGROUND
On July 26, 2A17, City Commission accepted the Finance and Citywide Projects
Committee's recommendations regarding the Log Cabin structure located at 8128
Collins Avenue. These recommendations were:
r Staff will collaborate with Daniel Ciraldo of the Miami-Dade Preservation League
to fu(her investigate the Log Cabin's historical significance within the context of
the community.
. Administration will work with the City's Grants Department to identify potential
funding opportunities available for restoration including the State Department's
Division of Historical Resources (DHR), namely the DHR's Special Category
Grants.
o Property Management Division to revisit feasibility of successfully relocating the
Log Cabin and further explore the option to build an in-kind structure while
salvaging key elements of the Log Cabin that remain in fair condition today (i.e.
treated interior logs and coral rock fireplace).
Further lnvestigation of the Log Cabin's Historical Significance
lnformation provided by the Miami Design Preservation League is included herein for the
for the Committee's review.
ldentification of Potential Funding Opportunities Available for Restoration
The Administration has identified potential funding opportunities for the Log Cabin
project. Potential State funding sources include the Historic Preservation Special
Category grants program, Small Matching grant program, Florida Recreation
Development Assistance Program, Land and Water Conservation Fund and the Cultural
Facilities grant program. Other potential grants include Miami-Dade County Capital
Page2228 of 2519
107
Finance & Citywide Projects Committee Memorandum
September 8,2a17 Page 2 of 2
Development Grants program, the National Trust for Historic Preservation and Save
America's Treasures.
Revisit Feasibility of Successfully Relocating the Log Cabin and Further Explore
the Option to Build an In-kind Structure
The City's Property Management Division retained Douglas Wood and Associates, Inc.
(DWA) to prepare a conditions assessment to include specific recommendations for the
Log Cabin. DWAs report, attached herein, is consistent with the assessments and
recommendations received by City staff over the past several months- namely that
restoration of the Log Cabin would require rebuilding most of the structure from scratch.
The report states that ?ue to the extent of deterioration and collapse in this building, it
appears that any future renovation would be classified as correction of Substanfra/
Structural Damage and as a Substantial Structural Alteration under Alteration Level 3 (as
defined in the Florida Building Code 2017- Existing Buildings). Therefore, structural
sysfems will need to be made to comply with current Building Code requirements for
strength and pefiormance."
DWAs assessmenl"indicates that 'restoration' of this building r's nof feasible. The closest
one could come to 'restoration'would be to reconstruct foundations and stemwalls with
new materials (unless historical designation is achieved and fload design requirements
waived), reconstruct the exterior log walls with new materials, and reconstruct the floor
and roof using existing materials, supplemented with new materials as required."
The construction cost estimate provided by DWA to reconstruct the Log Cabin as
described above is in the range of $750,000 to $1,000,000. The cost associated with
reconstructing the existing floor and floor structures with salvaged materials would be
approximately 15% of the total project cost.
Should the structure be designated as historic, the Building Department could waive the
Finish Floor Elevation requirement required by code- thus allowing for a reconstruction
project wherein the building need not be raised or elevated.
Given the extent of deterioration, DWA has recommended against relocation, stating "tt
does not appear that relocation of the building is appropriate. lf a new location is desired,
one would simply construct the new foundations, stemwalls and exterior log walls at the
new site. Existing roof and floor structures would be dismantled and salvaged materials
transported to the new site."
CONCLUSION
Staff has provided this background and current assessment to provide the Finance and
Citywide Projects Committee with all the information available while discussing the
property and requests to restore or retain the building.
Page2229 of 2519
108
THE LOG CABIN AND THE NORTH SHORE
DEVELOPMENT TIMELINE
The North Beoch log cobtn is ihe
eorliesl slructu re in exislence north of
79lh Street within the norfhernmost
secior of Miomi Beoch's present
doy cily limiis. There ore only three
exisling slructures thot pre-doie ihe
log cobin in the entire Norlh Shore
neighborhood from 73rd Streel to
BTth Terroce ond from the Ailonlic
Oceon fo whot is now lhe Tolum
Wolerwoy.
The Norlh Beoch log cobin is one of only two existing struclures lo hove
been buih in the North Shore neighborhood beiween l92B ond 1934
during ihe Florido lond busl ond of lhe heighl of lhe Greol Depression.
(A wood fro-e residence, the only such type of structure lisled wiihln
lhe Allos del Mor Historic Disfrict, *os olso construcled by Corlos Scho-
eppl on Allontic Woy in .l932 ihot oppeors io no longer exist.)
Korth Beoch
Log Cobln
Miomi Modern
following WV/ll
:lil.:tl. i: ,..i.':':..( :.,.::t
Wor Modern ond
.l ,l)hore rn the yecrs
The two-yeor time spon thol lm-
mediolely followed conslruction
o{ lhe North Beoch log cobin in-
cluded fi,ru *ood {ro*" vernocu-
lor ond clopboord slruclures built
belween .l935 ond 1936 thol were
lisled in the North Shore Nolionol
Register Dislricl. .l936 finolly sow
lhe inlroduclion of the moderne
orchileclu rol siyles lhot wou ld
mork o lronsilion loword Post-
thof would choroclerize the Norlh
::.:''
UICK FACTS
Emil Ehmonn
A rchitect
1880-1947
P#l{ 1934ffi Constructed
8]28 Collins Ave
M iomi Beqch
Florido 33141
dffiM fWRIUII D€SIGNfuqeEg rffifts$ufiTtotr,wfi€nJ€ H
109
EmilA. Ehmann, Architect, North Beach Log Cabin (1934).
ARCHITECT: EMIL AUGUST EHMANN (1880-1947)
E.A. EHMANN - EARLY WORKS - PALM BEACH COUNTY, FLA
West Palm Beach Fire Hall(1905), EmilA. Ehmann, Architect -
One of EmilA. Ehmann's earliest recorded architecturalworks is the '1905 'Fire Hall' in West
Pdm Beach. This was the first permanent fire station in all of South Florida and was funded by
Henry Flagler along with contributions raised by firefighters.
(Excerpt Palm Beach Post, March 22, 1935) "Ehmann came here several years before
construction of the fire hall and became connected with architects working on the East Coast
Hotel properties. ln recent years he has been a state hotel official with his residence at
Tallahassee. He now is an architect at Miami."
(Excerpt Palm Beach Post, March 2,1921) "A considerable portion of the cost of the building
was undenarritten by Henry M. Flagler while the remainder largely was made up of subscriptions.
Emil A. Ehmann, architect, drew up plans for the building."
When the City of West Palm Beach was formed in November of 1894, a group of concerned
citizens came fonruard to organize the first firefighting force for the city.
This group of concerned citizens was known as the Flagler Alerts. The name for these volunteers
was chosen in honor of Henry Flagler who donated the first pieces of firefighting equipment. This
firefighting apparatus consisted of a hand-pulled, hand-operated pump. The water for this pump
came from Lake Wodh in a hose stretched along the sand and shell rock streets. This hose was
also carried on a hand-pulled hose reel.
A horse drawn ladder truck would be added later, but the horses to pull this truck had to be
borrowed from the sheriff. More times than not, the firefighters themselves pulled this large heavy
wooden vehicle. While this truck did not have a mounted aerial ladder, it did hold 235' of heavy
wooden ground ladders and an assortment of specialized equipment.
On June 9th of 1903, Mr. Flagler's namesakes would come to his aid. The Breakers Hotel in Palm
Beach was in flames on that summer day. Those early firefighters pulled their equipment across
the narrow wooden toll bridge spanning Lake Worth towards Palm Beach. The heroic efforts of
the firefighters would be delayed, the over zealous bridge tender would not allow the firefighters
across the bridge until each of them had paid the nickel toll. After word reached Mr. Flagler of the
incident, each firefighter was repaid their five cents. ln 1905 the firefighters raised money to build
a'fire hall'. A considerable portion of the building was underwritten by Henry Flagler and the first
permanent fire station for West Palm Beach and all of South Florida was built with plans drawn
up by architect EmilA. Ehmann.
A parade was held in celebration of the dedication of the fire station on July 5, 1905.
The building still stands on the Northeast corner of South Dixie Highway (formerly Poinsettia
Ave.) and Datura Street in West Palm Beach, FL.
Page2231 of 2519
110
(Above) West Palm Beach Fire Hall (1905), Emil A. Ehmann, Architect
Page 2232 of 2519
111
'i.:
*ir*
fl-
:
}*r"* Ih*a .rH.*&L rxll}
(Above) Architect Emil A. Ehmann Letter, 1906, The Tropical Sun, South Florida's first newspaper
(first published in 1BB7)
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?age 2233 of 25'19
112
Mango Promenade Historic District 0 907), Palm Beach County -
ln 1907 architect EmilA. Ehmann mapped what is now the Mango Promenade Historic District in
West Palm Beach for the Currie lnvestment Company. The Mango Promenade Historic District
was added to the National Register of Historic Places in 1999 for the historic significance of its
architecture, community planning and development. The Mango Promenade Historic District is
an approximately 30 acre, primarily residential area with a corridor of commercial buildings on
the western edge of the district and contains a variety of residential architectural styles including
frame and masonry vernacular, Craftsman bungalow, Colonial Revival, Mediterranean Revival
and Monterey.
E.A. Ehmann was one of 82 architects registered across the state in 1915/1916 with the Florida
State Board of Architecture as reported by the Secretary of State.
LIST OF ARCHITECT$
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Page 2234 of 2519
113
JfrT
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(Above) E.A. Ehmann was one of 82 architects registered across the state in 1915/1916 with the
Florida State Board of Architecture as reported by the Secretary of State.
HOLMES & EHMANN - JACKSONVILLE, FI-A
ln 1914, Emil A. Ehmann formed a partnership with George Olaf Holmes (the first president of the
Florida Association of Architects) in Jacksonville, Fla. Together they designed:
The 1919 expansion of the 1874, 190'1 and '1919 Guaranty Trust and Savings Bank (the first
national bank in East Florida) at 101 East Bay Street, Jacksonville, FL (Listed as a contributing
struciure in the Downtown Jacksonville Historic Disirict on the National Register in 2016)
The Woolworth Building (1917), Holmes & Ehmann, 102 - 110 North Main Street at Forsyth in
Jacksonville, FL (Listed as a contributing structure in the Downtown Jacksonville Historic District
in the National Register 2016), and
Fire Station # I (1923), Holmes & Ehmann, 625 Stockton Street, Jacksonville, FL.
Page 2235 of 2519
114
(Above) Guaranty Trust and Savings Bank (1919), Holmes & Ehmann, (the first national bank in
East Florida) 101 East Bay Street, Jacksonville, FL (Listed as a contributing structure in the
Downtown Jacksonville Historic District in the National Register 2016)
Page 2236 of 2519
115
(Above) Guaraniy Trust and Savings Bank (1919), Holmes & Ehmann, (the first national bank in
East Florida) 101 East Bay Street, Jacksonville, FL (Listed as a contributing structure in the
Downtown Jacksonville Historic District in the National Register 2016)
Page2237 of2519
116
(Above)Woolworth Building (1917), Holmes & Ehmann, 102 - 110 North Main Street at Forsyth,
Jacksonville, FL (Listed as a contributing structure in the Downtown Jacksonville Historic District
in the National Register 20'16)
Page2238 af 2519
117
(Above) Fire Station # B (1923), Holmes & Ehmann, 625 Stockion Street in Jacksonville, FL
HAMPTON & EHMANN - MIAMI, FLA
Pancoast Hotel (1923), Hampton & Ehmann, 29th & Collins Ave., Miami Beach, FL
Excerpt from the book "Lost Miami Beach" by Carolyn Klepser:
"As we have seen, Carl Fisher sold his oceanfront land for private estates, and he put his hotels
elsewhere. The first grand oceanfront hotel in Miami Beach, even before the Deauville, was the
Pancoast, constructed at Twenty-ninth street in '1923. Architects were Madin L. Hampton and
EmilA. Ehmann, who had formed a partnership that year. Ehmann had previously worked in
Jacksonville and for a time had been Florida's supervising architect for public buildings. ln July
'1923, Hampton had gone on a sketching trip to Spain for firsthand study of Mediterranean
Page 2239 cf 251 9
118
architecture. The Pancoast was the project of John Collins' grandson J. Arthur Pancoast. The
building permit was issued on May 31 , 1923, for this $248,000 top-class hotel with 161 rooms,
and it opened in January 1924. The Pancoast had the sprawling, multi hip and gable roofs of clay
tile. Like some Spanish castle, with its courts, arches, mazes of color, window balconies, tower
and promenade verandas, the Pancoast, modernized to the nth degree, stands out as the very
incarnation of antiquity...No details of Spanish design have been overlooked, yet no modern
conveniences have been sacrificed to carry out the exact style. The Pancoast was demolished in
1955 and replaced by Melvin Grossman's Seville Hotel (currently the Edition)."
Juhn Coliins's granrJ:on J. Arthru Panru+rt oiwnttl th* F*nr:rr*x l{ficl in 19?3. on {ht *rt'*n al Twrntl'-ninth
Street. l'oslrtrr rI < c'urrr,s-r of l.orr y ll'i$q[ns.
There 1{ere four to five stories to the main psrt af th* building, and an *'Old
Spanish Watchtorver"lE{ that rose to se},en. The bulkling fared xsuth ontCI fr cireular
drivc *at hacl a park rvith a founrain in thr ernmr. In ad*lition, an tuxiliary tlrrce-
story building called The Lodge, soffirwh*t mor* rnod*st hut still with a lorrtr and
ilrcade, stood half ;r block to thc srst, dorr,n Twenty-ninth $tr**t. Thir may havc
been thr prouised atcommod*tinne for gu*sts' chauffeurs and selants.
During Wnrld War ll" the Pancoasl served as a military hospital" It was
dentolish*d in 1955 and r*placed by Melvin Grossman's Srvilie Hn:el. There are
mnily orhcr lost works nf ll{rrtin 'flamptcn, hut the Panrsast rr,a$ sne of his finest.
(Above)The Pancoast Hotel (1923), Hampton & Ehmann, 29th St. & Collins Ave., Miami Beach,
FL (Demolished 1955)
Other structures designed by Hampton & Ehmann include:
Arlington Court (1925), Hampton & Ehmann, at 1330 Pennsylvania Ave., Miami Beach, FL
Page2240 of 2519
119
(contributing structure in the Miami Beach, Art Deco, Architectural District in the National
Register of Historic Places),
City National Bank Building/Langford Building (1925), Hampton & Ehmann, at121SE 1st Street,
Miami, FL (added to the National Register of Historic Places 1989),
Beverly Terrace (1925), Hampton & Ehmann, aI3224 and 3300 Biscayne Boulevard, Miami, FL
(Designated as a Historic District by the City of Miami in 2003)
Lua Curtiss House ll (1926), Hampton & Ehmann, in Miami Springs, FL (added to the National
Register of Historic Places 1985)
Bathing Casino (1925), Hampton & Ehmann, Hollywood Land & Water Company, Hollywood-by-
the-Sea FL,
Great Southern Hotel (1924), Hampton & Ehmann, Hollywood Boulevard in Hollywood, FL,
Hollywood Country Club (1923), Hampton & Ehmann, Hollywood, FL
fip" tf" Sl,nawrs S&aps e[ S*vrder{rr'Ss.fidixr** l&*'&nadr+*d& XJ*dljt**d-fo.t}x-"&rr" ;[i' J* f*sry:*:rt
.r{m&{lecl, $. *{- $Irolqx$ .{s-"ac'. Viarti $'trpridrr {fJ,$. ,,ld"rx "q,i*pred ",[ftrltfix ]Jcttrr '"3$ *- {{i:*xrte-A' ery'r&."
Itraf$'lr,nudJJirtorierl S*ei*{il ggi *JForiric .tmir}."fiwm l&*; Sf,$r$rtg,S**x"s*m r*d&ws:!sxm'-r
(Above) Symmes Shops & Residence (1924), Hampton & Ehmann, Hollywood Beach (destroyed
by the Great Miami Hurricane 1926)
Page 2241 of 2519
120
(contributing structure in the Miami Beach, Aft Deco, Architectural District, National Register of
Historic Places)
e,- sx;l kg nt*€
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(Above)City National Bank Building/Langford Building (1925), Hampton & Ehmann, 12'1 SE 1st
Street in Miami, FL (added to the National Register of Historic Places 1989)
Page 2242 of 2519
121
(Above) Ciiy National Bank Building/Langford Building (1925), Hampton & Ehmann, 121 SE 1st
Street in Miami, FL (added to the National Register of Historic Places 1989)
Page 2243 of 2519
122
.ri(lffi
(Above) City National Bank Building/Langford Building (1925), Hampton & Ehmann, .121 SE'1st
Street in Miami, FL (added to the National Register of Historic Places 1989)
Page 2244 of 2519
123
(Above) Beverly Terrace (1925), Hampton & Ehmann, 3224 and 3300 Biscayne Boulevard, Miami,
FL (Designated a Local Historic District by the City of Miami in 2003)
Page2245 of 2519
124
(Above) Beverly Terrace (1925), Hampton & Ehmann, 3224 and 3300 Biscayne Boulevard, Miami,
FL (Designated a Local Historic District by the City of Miami in 2003)
Page 2246 of 2519
125
(Above) Lua Curtiss House ll (1926), Hampton & Ehmann, MiamiSprings, FL (added to the
National Regisier of Historic Places 1985)
Page2247 of2519
126
$rf" J#" 8*$tu6 f,e^rirxr" lf*i$**e#Lrsdd f&istcr {irarptr4*', }**i-a*"**d-er;-i*,r-$rir f'tr*nr{o. &r,,lfrrtrt:n I.
/,*:r,rrylnrt. -dre&iser{ *.1 ",{. S&,w*x;s;€:as,:ir;cfe^ "{.f,smr Sq.:*:r .l$l{. *rprlu***}fry-" lfJ-$. fi-}rsr*'ix'g"*xrm c
fk&,eei {krepr*';'scit'.srn*x 'r &s**. ffi,6{r#:t:," *j ;4r Jfo*1.vlw*d Jfislqrrrai.$rr"irqrJ
(Above) Hollywood Bathing Casino (1925), Hampton & Ehmann, Hollywood Land & Water
Company, Hollywood-by-the-Sea, Florida
Page 2248 of 2519
127
:i'
u
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r*at Sq${herfi X*t*l. }iollyr*uod, Fl*rida.
(Above) Great Southern Hotel (1924), Hampton & Ehmann, Hollywood Boulevard, Hollywood, FL
Page2249 ot 2519
128
ffie, iL
fir I-$- J*ertirrmenl$r t}tw &xff&Tnr ifors{,
c. JfJS. s&or"rtg eras* emd r**.r.1&*trr$ur.lrdes1fiqrr*
f,mxx {im$r &nr* #nd a 4@,*f$*erplxn- F&s lclw
hd*dlrlqn, whsirf e$* {i rtrff is ei l*.ter c#iri-*n
ffs{&}'se*f qfl #w $ ofJg**"6 ii:rrorirei $neiery}
(Above)Great Southern Hotel (1924), Hampton & Ehmann, Hollywood Boulevard, Hollywood, FL
Page 2250 of 2519
129
$iS. /.1. $resr $s*r&r:rn fd*,rei" J&qpl** .{SJ"f" JJrrff,*.r**rmd"SrxJr"r.*d firotiag, of north oad u'r:rr"facudes
fu'r$fxrx* l. Ii*xrpxn, .,{r*A;rcc.'. l. ,{ l,tnt*ax. ,.{es$risrs. l$S {bugrvsr &M. S*s*tI" }"tre, /&rsrtdtryrden a
lix*qg f,{&!{.Fsn-v.x*f*srtrs: 'r &rx*, rrwxr4, q/'*e li*{&"x"rcS Jlislancsl kds4*j
(Above) Great Southern Hotel (1924), Hampton & Ehmann, Hollywood Boulevard, Hollywood, FL
Page2251 of 2519
130
"..,-
(Above) Hollywood Country Club (1923), Hampton & Ehmann, Hollywood, FL
(Above) Hollywood Country Club (1923), Hampton & Ehmann, Hollywood, FL
r)4^^ .>nRa nf ?tr10t q|jv LLvL
131
Fis. / l. //eLtr-rq,@d Grf ffd foffirry ffu* mtrcncs- J}l]--{, tCovrre.S' r,Fr}r' Sry*cvd llwr lfirrricqj fruxrr:ri:a Jrstp* .ila<.&ry. (oJJwrior. I
,|;rg /J" I*rrrr:6 fl*I$,wo:d Coiloari Crao*i C,lx]. r. .i9-r3" {Crxrrrs.r'aj:iic }Joi$xroii*.*mr{d &€?rYi: 5isrcr {-&ll$riirel
(Above) Hollywood Country Club (1923), Hampton & Ehmann, Hollywood, FL
?a9e2253 ct 2519
132
JtX. 8. "fJompfrx **d .S&mdrr!r*, gr*r*nd$mr pfan
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ln 1936 Ehmann serued as associate architect (Ehmann, Zimmerman, Saxe & MacBride) for the
Walgreen Drug Store (1936), Ehmann, Zimmerman, Saxe & MacBride,200 E. Flagler St., Miami,
FL constructed in the Streamline Moderne style (nominated for the National Register of Historic
Places in 19BB).
Page 2254 of 2519
133
(Above)Walgreen Drug Store (1936), Ehmann, Zimmerman, Saxe & MacBride, 200 E. Flagler St.,
Miami, FL constructed in the Streamline Moderne style (nominated for the National Register of
Historic Places in 19BB)
Page 2255 of 2519
134
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(Above) Walgreen Drug Store (1936), Ehmann, Zimmerman, Saxe & MacBride, 200 E. Flagler St.,
Miami, FL constructed in the Streamline Moderne style (nominated for the National Register of
Historic Places in 19BB)
Ehmann's work demonstraies a significant coniribution to South Florida's architectural heritage
as well as a rich variety of architectural designs and styles across formative periods in Florida's
history. This speaks to his stature as an impodant historicalfigure and master builder.
THE NORTH BEACH LOG CABIN
achhistorian,CarolynKlepser,theLogCabinwas
constructed in 1934 by architect Emil Ehmann as a private residence.
ln July 1934, Austin T. Drew took out a permit for a log cabin home, with 3 bedrooms and 2
bathrooms, for $4,000, at 8128 Collins Avenue.
The home was designed by local architect EmilA. Ehmann, and was built by general contractor
F.F. Floderick.
ln 1936, Drew sold the home to Dr Amos M. Judd.
ln later years, the Wagner, Crockett, Cranford and Watson families lived in the home.
The City of Miami Beach acquired the home for $146,492.50 in 1972 using eminent domain
proceedings.
ln 1975, the city established the Miami Beach Activity Center for adults at the location. Then in
1983, the building became the Log Cabin Plant Nursery and Life Training Center, housing a
job-training program for special needs adults. This program closed in July 2011.
Page 2256 of 2519
135
(*Major Charles Cranford of New York and Daytona Beach is referenced on several occasions
within the Palm Beach Society and News Happenings pages of the Palm Beach Post including
entries from April 5, .1929 and another from January 14, 1936 in which Dr. Judd of Miami
Beach and Major Charles Cranford are referenced in accompaniment.)
(Above) 8128 Collins Avenue (1934), Architect: Emil A. Ehmann, North Beach Depression era log
cabin
Page 2257 of 2519
136
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(Above)8128 Collins Avenue ('1934), Architect: EmilA" Ehmann, North Beach Depression era log
cabin
Page 2258 of 2519
137
(Above)8128 Collins Avenue (1934), Architect: EmilA. Ehmann, North Beach Depression era
cabin
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(Above) 8128 Collins Avenue (1934), Architect: Emil A. Ehmann, Norlh Beach Depression era log
cabin
Page 2260 of 2519
139
(Above) 8128 Collins Avenue (1934), Architect: Emil A. Ehmann, North Beach Depression era log
cabin
Page2261 of2519
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cabin
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(Above) 8128 Csllins Avenue (1934), Architect: Emil A. Ehmann, North Beach Depression era log
cabin
?age 2263 of 2519
142
(Above) 8128 Collins Avenue (1934), Architect: Emil A. Ehmann, North Beach Depression era log
cabin
Page 2264 af 2519
143
(Above) 8128 Collins Avenue (1934), Architect: EmilA. Ehmann, Norlh Beach Depression era log
cabin
Page2265 of 2519
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(Above) 8128 Collins Avenue (1934), Architect: Emil A. Ehmann, North Beach Depression era |og
cabin
Page2267 cf2519
146
(Above)8128 Collins Avenue (1934), Architect: EmilA. Ehmann, North Beach Depression era log
cabin
Page 2258 of 2519
147
THE LOG CABIN AND THE NORTH SHORE DEVELOPMENT TIMELINE
Property records indicate the North Beach log cabin (1934) to be the earliest structure currently
in existence from 79th Street to BTth Terrace - the northernmost sector of Miami Beach's
present day city limits. There appear to be only three existing structures that pre-date the log
cabin in the entire North Shore neighborhood from 73rd Street to 87th Terrace and the Atlantic
Ocean to what is now the Tatum Waterway. Each of these are located within the Altos del Mar
residential enclave east of Collins Avenue:
7729 Collins Ave. (1930),
7823 Collins Ave- (1927),
7837 Atlantic Way (1925).
Based on this info, the North Beach log cabin and 7729 Collins Ave. referenced above, would
be the only two existing structures to have been built in the North Shore neighborhood
between 1928 and 1934 during the Florida land bust and at the height of the Great Depression.
(A wood frame residence, the only such type of structure listed within the Altos del Mar Historic
District, was also constructed by Carlos Schoeppl on Atlantic Way in 1932 that appears to no
longer exist.)
The two-year time span that immediately followed included five wood frame vernacular and
clapboard structures built between 1935 and 1936 that were also included in the North Shore
National Register District. 1936 also saw the introduction of the moderne architectural styles
that would have marked a transition toward Post-War Modern and Miami Modern that would
characterize the North Shore in the years following WWll.
1935 North Shore National Register District:
There are only two contributing entires in the North Shore National Register Districi from 1935:
7945 Harding Avenue (1935), Wood Frame Vernacular residence,
330 76th Street (1935), Victor Nellenbogen, MinimalTraditional Clapboard residence
(demolished in 2014).
1935 Altos del Mar local historic district:
There were three contributing entries in the Altos del Mar local historic district from 1935 (and
none from 1936):
7737 Atlantic Way (1935), Alexander Lewis, Mediterranean Revival
7735 Collins Ave. (1935), August Geiger, Early Ranch Style
75 7$lh Street (1935), Schoeppl & Southwell, Mediterranean Revival
1936 North Shore National Register District:
7611 Abbott Ave. (1936), Victor Nellenbogen, Wood Frame Vernacular Clapboard apaftments
7729 Carlyle Ave. (1936), Wood Frame Vernacular residence
7835 Harding Ave. (1936), Wood Frame Vernacular apadments
241 77lh Street (1936), Moderne apartments
7625 Abbott Ave. (1936), Moderne apartments
7625 Abbott Ave. (1936), Masonry Vernacular
7628 Abbott Ave.(1936), Moderne residence
7628 Abbott Ave. (1936), Masonry Vernacular garage
Page 2269 of2519
148
(Above) 7945 Harding Avenue (1935), North Shore, Depression era wood frame
vernacular/Colonial Revival
(Above) 761 1 Abbott Avenue (1936), Victor Nellenbogen, Norlh Shore, Depression era wood
frame vernacular
Page 2274 of 2519
149
THE LOG CABIN AND THE BOOM AND BUST ECONOMY
There are a handful of log cabins currently in existence within the northeastern section of the
greater Miami area. Each of these were constructed between 1933 and 1936.
This period is significant because it followed:
The end of the Florida land boom (Florida's first real estate bubble)that crashed in the mid-
1 920s.
The Great Miami Hurricane (1926),
The Okeechobee Hurricane (1928),
The Great Depression (1929),
The Florida Medfly (Mediterranean Fruit Fly) invasion (1929)
These series of events collectively decimated Florida's real estate, tourism and citrus
industries.
South Florida was still recovering into the early 1940s when the US entered World War ll. 1945-
1950 sparked what is considered to be the postwar boom.
Having been built at the height of the bust and Depression, each of these log cabin structures
is a clear and distinct reference to that time, as well as to the simplicity of the American frontier
days. They include:
640 NE 1 14 Street (constructed 1933) Biscayne Park log cabin, Depression era WPA
8128 Collins Avenue (constructed 1934), North Beach log cabin, EmilA. Ehmann
650 NE 121st Street (constructed 1933)
640 NE 121st Street (constructed 1936)
The North Beach log cabin is the only such structure in Miami Beach.
HISTORICAL CONTEXT (Research in this section is ongoing and further exploration is
warranted)*
ln America during the early years of the Great Depression, the construction industry collapsed.
Housing starts were down more than 90%, going from approximately one million new homes
each year in the late 1920s, to only 84,000 new homes in 1933. Total spending on construction
was reported at $6.6 Billion in 1928, versus $1 .3 Billion in 1933.
ln Florida, this period is also significant because it followed:
The end of the Florida land boom (Florida's first real estate bubble)that crashed in the mid-
1 920s.
The Great Miami Hurricane (1926),
The Okeechobee Hurricane (1928),
The Florida Medfly (Mediterranean Fruit Fly) invasion (1929) which decimated Florida's citrus
industry
By 1932 US unemployment reached 13,000,000, eventually to reach 25Yo of the workforce,
and the US economy was operating at less than half its pre-crash volume. The number of
architecturalfirms in the US declined by 40% between 1928 and 1932 and the firms that
remained open were forced to drastically reduce their staffs. By 1932, 85o/o of architects and
architectural drafters were unemployed. Even eminent architects like Frank Lloyd Wright,
considered by many to have been the greatest architect of the 20th century, faced hard times.
Page2271 ot2519
150
Early years of the Great Depression were Wright's "longest fallow period" with only two
buildings built from 1928 to 1935.
ARCHITECTURE AND THE GREAT DEPRESSION (Research in this section is onooinq and
further exploration is warranted)*
It is stated that the buildings of the Great Depression were not just diminished versions of the
architecture that had preceded it. A special climate existed during the Great Depression, and
this special climate produced certain types of buildings. With the Great Depression, the nature
of what was built was fundamentally altered. The built environment as well as the publications
of public agencies during the period demonstrate that government projects had a great effect
on American architecture during the Depression.
Cecil D. Elliott's, The American Architect from the Colonial Era to the Present, acknowledges
that radical changes took place in architecture during the Depression, and that most architects
had to try io adapt to a world where people were not building much. He recognized that
people in that uncertain time were demanding architecture and design that conveyed security.
The modest Depression era vernacular Colonial Revival residences by Victor Nellenbogen
(cited above) in the North Shore are possible examples.
DEPRESSION ERA RUSTIC ARCHITECTURAL STYLE A/K/A DEPRESSION ERA PARK
RUSTIC. GOVERNMENT RUSTIC (Research in this section is onqoing and further sources and
exploration is warranted)*
lmages:
Works Progress Administration Depression era log cabin in Biscayne Park, FL (1933)
Depression era log cabin residences in North Miami (1933)
Palmetto trunk log cabins at Myakka State Park near Sarasota, FL (1934)
Depression era log cabin community space in Seminole, FL (1935),
Depression era Civilian Conservation Corps coral rock structures, (1933-1 9421, at Matheson
Hammock Park, FL
O'Leno State Park Civilian Conservation Corps log cabin under construction (1936)
The Civilian Conservation Corps and the Works Progress Administration were pafticularly
active in these Rustic Style projects. Often working under the direction of National Park and
Forest Service planners, the Rustic style became a hallmark of their projects. The Rustic style
carried over to projects outside of parks, and often miles away. Many private Rustic buildings
were the product of their owners, both in design and construction. A number of private
architects created Rustic style designs for public and private projects.
The North Beach Log Cabin has many attributes that would seem to reflect this style as a
testament to its historical context during the Great Depression: Rustic designs were intended
to blend into their surrounding environments in both a natural and cultural sense. Buildings
were simple in design and small in scale and intended to be practical and efficient. The
construction was to be straightforward with "no faking." Colors such as warm browns were
employed to subordinate buildings in their settings. Horizontal lines and low silhouettes were
emphasized. Construction timbers and stone were obtained locally and were worked in a
rough form reflecting native hewing, sawing, and dressing techniques. Rustic style cabins differ
from pioneer log structures which were generally built during initial settlement periods and
often exhibited crude construction. Rustic cabins generally have stone chimneys while pioneer
Page 2272 of 2519
151
log cabins utilized metal flues attached to iron stoves. Rustic buildings have more
commercially manufactured hardware and materials, such as wood window frames, doors, and
interior paneling. Rustic buildings may also employ hip roofs, a form virtually never found on
pioneer log structures.
Toward the end of the 1930s rustic architecture was falling out of favor in park spaces. New
materials and building techniques, and the cleaner lines of the lnternational Style beckoned the
architects who felt that most rustic buildings had too much of a Hansel-and-Gretelfeeling to
them. Funding for the work-relief programs diminished as the nation drew closer to World War
ll, and consequently the abundant supply of men to peel logs and haul boulders decreased.
The labor-intensive aspects of rustic construction were all the more reason to look toward
cheaper methods of building in the future. When the war came the design ethic of rustic
architecture had seen its heyday.
*Further research and permits and building records exploration is suggested and warranted to
properly explore and identify Emil Ehmann's other works between 1926 and 1936. Given the
architect's prior service as a state official in Tallahassee as Florida supervising architect for
public buildings, it is worthy of exploration to identity, if possible, the public projects that he
supervised as a Staie Official as wellas any possible connection to Civilian Conservation
Corps, Works Progress Administration, Federal Emergency Relief Act and Public Works
Administration projects and/or any of the other rustic/log cabin style structures that were
constructed in Florida between 1933 - 1942.
Select Cited Resources in this section:
http://www.cmh pf .orglCharlotteArch I nG reatDepression.htm,
htip://plainshu man ities.un l.edu/encvcloped ialdoc/eg p.arc.01 6,
http://www.historycolorado.orq/sites/default/files/files/OAHPlcrforms edumat/odfs/1642.pdfl
The National Park Service
https://www. n ps.qov/parkh istory/on line bookslharrison/harrison0.htm
Page 2273 of 2519
152
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Page 2274 of 2519
153
Page 2275 of 251 9
154
(Above)Civilian Conservation Corps., Matheson Hammock Park, Miami, FL, Bathroom
Structure (1933)
(Above)WPA Community Log Cabin, Seminole, FL (1935)
Page2276 of 2519
155
(Above) Myakka State Park, FL, Civilian Conservation Corp, Palmetto Log Cabin (1934)
-
(Above) Civilian Conservation Corp Log Cabin Under Construciion (1936), O'Leno State Park,
FL
Page2277 of2519
156
May 25,2017
Frank Garcia, Construction Manager
City of Miami Beach
Property Management Department
1833 Bay Road
Miami Beach, Florida 33139
RE: Proposal for Professional AE Services; Evaluation of Existing Log Cabin Structure at North
Beach; City property at 8100 Collins Avenue
Dear Mr. Garcia:
Pursuant to City of Miami Beach's (CMB) request, BEA Architects has prepared the following evaluation
report for the existing Log Cabin structure located at a CMB nursery propefi at 8128 Collins Avenue,
Miami Beach, Florida.
The intent of this evaluation is to provide CMB with general information regarding the condition the Log
Cabin structure, and possible options for its utilization, within the context of a proposed redevelopment of
the nursery property. This evaluation also provides a general cursory review of probable construction costs
associated with the proposed options. The evaluation is based strictly on observable conditions of the
structure; there is no testing (destructive or non-destructive), nor analysis of the structure.
DESCRIPTION OF THE REFERENCED STRUCTURE:
The Log cabin is a single story wood structure with an interior area of approximately 1 ,000 SF. The Log
Cabin appears to be constructed in the traditional method of Log Cabin construction, utilizing whole
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wooden logs laid in horizontal fashion, intersecting at the corners with jointed connections; the horizontal
gaps between the logs filled in with a stucco, concrete or grout-type material. The structure includes a
central coral rock chimney; roof construction is wood framed with round rafter wood members; flooring is
wood planking. The building is not sprinklered. Existing windows are covered in plywood. The exterior roof
material is asphalt shingles.
The exterior wood members of the Log Cabin bear evidence of significant deterioration (rot) and possible
termite damage, the building is in a state of disrepair and in overall poor condition. Numerous locations at
the exterior logs where rot has caused deterioration have been filled in and patched with concrete. The
building is reportedly infected with fleas and vermin (this made a follow-up interior visit impossible until
building is fumigated). The building is currently utilized, in part, for storage. The building is not in a state
suitable for public occupancy.
Per drawings provided by the City for adjacent newer concrete structure the Finished Floor Elevation of the
Log Cabin is 8.10' Bay Datum; by comparison, the newer structure has a Finished Floor Elevation of 10.6'
Bay Datum (9.81 NGVD). The existing floor level of the Log Cabin is below Flood Elevation for its location;
its proximity to the Atlantic Ocean places this structure under High Velocity wind requirements (unlikely to
be met by this structure).
Per information provided by the City, the Log Cabin has NO historical designation, nor to BEA's knowledge
any potential for such designation. Many aspects of this Log Cabin structure appear to be non-compliant
with cunent building codes.
It should be noted that the interior configuration of this building (low ceilings, small spaces, poor natural
light, poor ambient control) does not lend itself for use as a public gallery or exhibit space. BEA
understands that the current building location is in conflict with the planned redevelopment of the site.
Refer to attached photographs for additional graphic information of existing conditions.
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POSSIBLE UTILIZATION OPTIONS PROPOSED BY CMB:
OPTION A: Conduct a major upgrade of the existing structure to comply with applicable building
codes; make the building suitable for public occupation, including upgrade of bathrooms and full
ADA accessibility. Possible functions may include gallery space, dxhibit space, classroom space.
OPTION B: Physically raise the structure from existing foundations (on-grade), and relocate
elsewhere on the nursery property site without any improvements to the building. A future use to
be determined; not for public use.
OPTION C: Maintain existing structure as a non-occupied space (such as a gateway); this will still
require structural upgrades, and possibly removal of significant portions of the existing building,
OPTIONS REVIEWCOMMENTS:
OPTION A: Conduct major upgrades of existing skucture to comply with current code; given the extent of
deterioration of the existing structure, the unconventional type of construction, and the existing (below flood
level) floor elevation it is reasonable to state that making this structure code compliant is synonymous with
construction of a new replacement structure of similar size and configuration utilizing conventional
contemporary building methods and typology. Thus, BEA recommends demolition and removal of the
existing Log Cabin structure, and construction of a similar replacement structure.
OPTION A_ CONSTRUCTION BUDGET INFORMATION:
Demolition/Removal Allowance :
New Construction of 1,000 SF single story building at $200/SF:
Allowance for exterior Arch itectu ral enhancements:
Allowance for exterior Site Work:
$ 15,000.00
$ 200,000.00
$ 75,000.00
$ 50,000.00
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Allowance for interior build-out: $ 50,000.00
SUBTOTAL:$ 390,000.00
Continqencv/Fees (25%): $ 97.500.00
TOTAL REPLACEMENT BUDGET:$ 487,500.00
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OPTION B: Relocation of the existing Log Cabin to another location on the nursery site; BEA considers this
option to be highly unlikely to be satisfactorily achieved. The existing condition of the building and the type
of conskuction (Log Cabin), makes this structure very difficult to physically lift and move without damage or
possible collapse. Another strategy for relocation may be to disassemble and reassemble the structure
piece by piece; this will likely require replacement of many deteriorated pieces and extensive reconstruction
of the structure.
BEA does not recommend relocation/disassemblylreassembly of this structure as the City would be left with
a still unsatisfactory, impractical, non-code compliant structure at a different location on site, still requiring
extensive improvements or replacement. This will be a continued liability to the City.
OPTION B - CONSTRUCTION BUDGET INFORMATION:
BEA cannot assign a Budget or Allowance to this option
OPTION C: Maintain existing structure as a non-occupied space (such as a gateway); BEA considers this
structure - regardless of its occupancy status - will need to comply with numerous code requirements
(including structural High velocig wind requirements) if it is to remain on site as part of the new
planninglredevelopment of the nursery site; this will entail significant work, probably
reconstruction/replacement with new construction.
OPTION C - CONSTRUCTION BUDGET INFORMATION:
BEA proposes an ALLOWANCE of $150,000.00 for construction of a new (non-occupied) gateway
structure.
NOTE: Construction of a new gateway or entry feature on site (regardless of a resemblance to the existing
Log Cabin) has the added value of enhancing the site for the new redevelopment; such a feature can
become an icon/marker/branding element in establishing this new destination outdoor space on north
Collins Avenue.
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CONCLUSIONS/RECOMMENDATIONS:
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Whereas BEA can understand certain interest in maintaining this Log Cabin, it is important to recognize the
deteriorated state and possibly obsolete nature of the structure, including the overarching fact this structure
has no historical designation. Short of replacing this structure with new construction, including raisin its
floor above Flood Elevation, this structure cannot reasonably be maintained on the site.
It is possible to replace the Log Cabin with a similar sized and scaled building; this may or may not be
designed to recall the Log Cabin construction (at least visually). This may require a considerable
expenditure; such a building may also not be necessary or conducive to the new redevelopment program
intended for the site. lt is also important to note that the adjacent concrete building located immediately
north of the Log Cabin, is an excellent candidate for renovation/adaptation to support the new
redevelopment program; this building has none of the structural or floor elevation issues afflicting the Log
Cabin. BEA considers this building is a better focus of the City's funding for redeveloping and repurposing
the nursery site.
Lastly, as an altemative to attempting to salvage the Log Cabin as a gateway or entry way, there is an
opportunity to create a new gateway feature (with new construction) to identify as an icon the new
redevelopmenUdestination on Collins Avenue; this is also a better focus of the City's funding.
BEA Architects appreciative of this opportunity to assist the City in evaluation of this existing building.
Please let us know if we can provide additional information.
Sincerely,
BEA architects, lnc.
Bruno E. Ramos, AlA, GC, NCARB, LEED AP
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Francisco Garcia, Consrruction Manager
Ciry of Miami Beach
Property Management Department
1833 Bay Road
Miami Beach, Florida 33L39
RE: Consuuction Estimate for Existing Log Cabin Structure at North Beach - 8100 Collins Ave.
Dear Francisco,
fu ir relates to the existing Log Cabin Structure at North Beach, McKenzie Consrruction is
providing herc a rough esdmate for the construcdon seryices co rehab this properry.
The rough estimate provided here is based on a combinadon of the following items:
1. Visual inspection of the current conditions of the properry per a site visir
2. Review of the documents provided to us from BEAfuchirects dated 5.25,L7
3. Internal Mckenzie historic construction data from the rehabbed Log Cabin for the Village of
Biscayne Park during the 2016 year.
4. Our best educated estimate that approximately 450/o of the oristing logs would have to be
replaced in order ro keep rhe srucural integriry of the cabin.
McKenzie Construction is also able to provide Design services as needed to help make the
process in rhe improvement and rehabiliration of this Log Cabin a smooth one.
If you have any questions, pleasc do not hesitate to conlacr me.
A
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Hector M. Gonzalez
Senior Project Manager
McKenzie Construction ZZ47 NW 17th Ave. Miami, FL 33142 o:786-4L2-7341 www.buildmckenzie.com
1
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SCHEDUTE OF ESTIMATES FOR NORTH BEACH tOG CABIN RESTOMTION
tOG CABIN : NORTH BEACH ,rellmlnaru Rouoh Budoet wl no Dlans
\DDRESS:8100 Collim Ave
Miami Beach, FL )uration 20 weeks
]UILDING MUNICIPAL
ryPE:I story Log Cabin
)ATE 7n2no17
Size 1,000 SF Approximately
)ermits 3v Owner
troiect Manaoement El,500^ilk $ 30,000.00
:ield Suoerintendent E2,000t\nk $ 40,000.00
Temporary Utilities (Power & Waler)$75/wk + $2,000
Setup fee $3.500.00
femooraru Toilets B150wk o 2.400.00
frash Removal and Dailv Cleanuo $25Ohflk $4,000.00
ieneral Labor $600/wk $ 12_000_00
:inal Cleaninq $ 1.300.00
)rotection and Safetv s 2,500.00
3lueorints. coDies and document control $500
)arkinq $5otuk $1.000.00
)emolition $ 12,000.00
femite Treatment $750.00
\sohall Pavirc. Siomoe & Markinos $4.200.00
lonsete Paving, Sidewalks & Curbing $ 3.400.00
N/C !
-ands€Dino Ntc b
)oncrete Works and Foundation Pier to Raise Buildinq $ 24,000.00
Stone at Chimnev and Curb Reoairs s 4.200.00
Concrete Sidewalks $ 3,800.00
ffiNlEl,_ffim
\luminum Handrails s 3,100-00
:oundation Carpentry Repaire $ 7.500.00
\,lew Timber and Loq Structural Works $ 95.000.00
\,lew Porch Timber Works s
;hinkinq & Stainiqn Restoration Works s 35.000.00
:xistino timber reoaiE and hardware $ 18.000.00
Roof Sheathino $ 5.000.00
Cabinetrv $
xi
R.oofinq Shakes and lnsulation $ 31,s50.00
/Yood Doors and Windows $ 30,000.00
Hardware lnc
Dmr & Windows lnstallation $5.500.00
Wood ShufteE ad Hardware Ntc $
Wood Flmrino $ 13,500.00
ivood and Floor staininq $2.200.00
lathroom AGsories and Miroc $1.500.00
lalhrmm Sidn2dc $150.00
leinstall Fire Extinouishers Re Use Existinq $50.00
Paoe2292 of 2519
www.BUYLDMc KE NZI E.com
171
N/A Ntc
N/A N/C
Fire Sorinkler Work includino backflow s 12.590.00
N/A Ntc $
Restroom Plumbino and Fixtures $ 5,700.00
HVAC Material & Labor $ 21,000.00
:lectricl Work s 60.000.00
:ire Alam s 11.000.00
-iohtino Fixtures s 15_000.00
:OST OF CONSTRUCTION $ 522,690.00
lontinoencv 115ol"1 3 78-403-50
:oNTRACTOR FEE OH & Profit {12%l s 72.131.22
,&P Bond (2%)12,021.87
ieneml Llabllitv lnsurance (170)i 6,010.94
rOTAL BID s 685^246_59
FIRMNAME MCKENZIECONSTRUCTION
Paoe 2293 of 2519www.8U ItDM cKE NZ I E.com
172
GENERAL ASSESSMENT REPORT
FOR THE
EXISTING STRUCTURAL SYSTEMS
AND
FEASIBILITY STUDY FOR POSSIBLE
RESTORATION AN D/OR RELOCATION
EXISTING LOG CABIN
8128 COLLINS AVENUE
MIAMI BEACH, FLORIDA
SEPTEMBER 1,2417
PREPARED BY:
DOUGLA$ WOOD ASSOCIATES, INC.
VIIWW, DOUG LASWOOD. B IZ
Paoe 2294 of 2519
5O4O N.W. 7" STREEl:SUtTE 820, r\4rAMt, FLORTDA 33126
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GENERAL ASSESSMENT REPORT FOR THE
EXISTING STRUCTURAL SYSTEMS AND
FEASIBILIry STUDY FOR POSSIBLE
RESTORATION AN DIOR RELOCATION
EXISTING LOG CABIN
8128 COLLINS AVENUE
MIAMI BEACH, FLORIDA 51'RLJfrTUR"qL E N$ I N EEfi S
September 1,2017
INTRODUCTION
General
As requested by the City, we have conducted a general assessment of the present
conditions of the existing primary structural systems for the existing log cabin located
at 8128 Collins Avenue in Miami Beach, Florida.
We have also considered the feasibility of restoration and relocation of the existing
building.
Purpose
The purpose of this investigation was to provide a general assessment of the
present conditions of the existing primary structural systems at this point in time and
to provide a general determination of how these conditions may relate to future
repair, renovation and restoraiion. The feasibility of relocating the building has also
been considered.
Scope
This investigation includes the primary structural systems for this existing building.
Primary structural systems for this building generally consist of the following:
- Roof sheathing and roof framing,- Floor sheathing and floor framing,- Bearing walls (logs), columns and beams, and- Foundations.
Primary structural systems do not include roofing or other waterproofing systems,
doors, windows, decorative elements, fixtures, non-bearing partitions, and
architectural finishes. While conducting our structural observations, however, we
may have observed conditions relative to some of these systems or observed
conditions in these elements that relate to structural systems, and we may report
them herein for the benefit of the City.
WWW.DOUGLASWOOD.BIZ
5040 N.W. 7TH AVENUE, SUITE 820, MlAMl, FLORIDA 33126, T: (305) 461 - 3450
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EXISTING LOG CABIN
8128 COLLINS AVENUE, MIAMI BEACH, FLORIDA
SEPTEMBER '1,2017
PAGE 2 OF 16
Roofing, insect infestations (including termites and other wood-destroying insects),
mechanical, plumbing and electrical systems, environmental issues (including radon,
mold and ground contamination) and hazardous materials (including lead paint and
asbestos) are not included in the scope of this structural assessment. lf the City
desires information relative to these items, the City will need to hire appropriate
professionals and technicians.
WUVW.DOUGLASWOOD.BIZ
5040 N.W. 7TH STREET, SUITE 820, MlAMl, FLORIDA 33126, T: (305) 461 - 3450
AFFTRMAT,E ACroN / EeuAL oppoRruNrry EM"TEER. 2296 of 2519
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EXISTING LOG CABIN
8128 COLLINS AVENUE, MIAMIBEACH, FLORIDA
METHODOLOGY AND LIMITATIONS
SEPTEMBER .I, 2017
PAGE 3 OF 1g
Our investigation of the existing conditions was primarily conducted as follows:
- Visual Observationso Where architectural finishes remain in place structural members and
connections are concealed, and direct observation of structural
materials was limited. Since no asbestos report was made available to
us, we did not disturb existing materials which might contain asbestos.
o Where structural members were not or could not be directly observed,
a sampling of members was observed, or observations were directed
at secondary signs of structural distress such as cracking, bulging,
staining and deflections. Also, due to the constraint of time,
investigations did not include an exhaustive member by member
inspection. Therefore, it must be recognized that at future times,
deteriorated or distressed structural components that were not directly
observed or specifically reported during this investigation, may be
found.
lf must be noted that this building is very old. The Miami-Dade County
Property Appraiser indicates that this building was constructed in
1934. Construction practices at the times of the original construction
and of subsequent modifications vary considerably from those of
today. This is particularly true for the design of wind resistance, but is
also true relative to gravity loads. Therefore, there are many aspects
of the existing structural systems which do not conform to today's
standards, practices and codes.
- Limited "sounding" of existing concrete members (stemwalls)
o "Sounding" consists of tapping the surfaces of existing concrete
members using a small steel hammer. Areas which respond with a
hollow or dull sound indicate areas of spalled or otherwise deteriorated
concrete or masonry.
- Limited probing of wood memberso Sample locations along several wood members were probed with an
awl or a sharp screw driver to determine a general degree of
deterioration of the wood members in the sample locations.
- Explorationo As requested by Douglas Wood Associates, City personnel cut
openings through the existing floor boards in three locations so that
the existing floor framing and stemwalls/footings could be observed.
The three locations are:
1) Southwest corner of central room (original dining/living room),
WWW.DOUGL,ASWOOD,BIZ
5040 N.W. 7TH STREET, SUITE 820, MlAMl, FLORIDA 33126, T: (305) 461 - 3450
AFFTRMAT,E ACroN / EouAL oppoRruNlry.*rrtvBRu 2297 of 2519
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2) lnside south side closet of southwest room (original bedroom)
(Refer to Photograph No. 1), and
3) North side (back side) of existing fireplace (in existing
restroom) (Refer to Photograph No. 2).
o Also, as requested by Douglas Wood Associates, City personnel
excavated the soil outside the southwest corner of the cabin (Refer to
Photograph No. 3) to reveal the existing concrete stemwall).
Calculations have not been performed to verify the adequacy of the original design
and construction of the existing structural systems for this building. Douglas Wood
Associates assumes no responsibility for the structural design or construction of this
existing building at this time. The findings presented in this report do not imply any
warranty on the performance or Building Code conformance of the existing structural
systems.
ln the absence of observations to the contrary, we have assumed that the existing
structural systems were properly designed, permitted, constructed and approved in
accordance with the building code and general design and construction practices in
effect at the time of construction. Also, while we performed observations of the
existing structural systems, our observations were limited by time constraints and to
what could be readily observed in the existing building.
No sampling and testing of existing materials (except as noted above) were
conducted for this investigation.
EXISTING LOG CABIN
8128 COLLINS AVENUE, MIAMIBEACH, FI.ORIDA
www.D0uGLA,sw00D.Brz
5040 N.W. 7TH STREET, SUITE 820, MlAMl, FLORIDA 33126, T: (305) 461 - 3450
AFFTRMAT,E ACroN / EouAL oppoRruNrry EMp.tAR" 2298 of 2519
SEPTEMBER '1,20'17
PAGE 4 OF 1$
EB 6353
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PAGE 5 OF 16
GENERAL DISCUSSION
ln general, this building could be considered to have withstood the "test of time" and
therefore, to have structural systems that were generally considered adequate for
their intended purposes. However, it must be recognized that the standards,
methods, products and practices of the time this building and subsequent
modifications were made vary considerably from those of today. Therefore, there
are many aspects of the existing structural systems which do not conform to today's
standards. practices and codes. lt should also be noted, however (as will be
indicated in this report), that there are numerous areas of significant structural
deterioration.
It also should be recognized that standards of structural engineering practice for
older, buildings were far lower than those of today. A structure such as this one
would not have been designed by an engineer. Resistance to design gravity loads,
live-load deflection and high wind forces in older buildings are almost always
deficient relative to current standards. While this building may have survived
hurricane force winds, it should be noted that the effects of wind on a building may
vary greatly depending on wind direction and wind exposure (which, as a function of
the building's surroundings, can substantially change over time). Of course,
structural deterioration is also progressive. Therefore, a building's performance in
one hurricane may be very different than its performance in another hurricane.
www.oouGLAswooD.Btz
5040 N.W. 7TH STREET, SUITE 820, MlAMl, FLORIDA 33126, T: (305) 461 - 3450
AFFTRMAT'E ACroN r EeuAL oppoRruNrry EM",-E',8R" 2299 of 2519
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EXISTING LOG CABIN
8128 CCILLINS AVENUE, MIAMI BEACH, FLORIDA
EXISTING SITE CONDITIONS RELATIVE TO
STRUCTURAL ISSUES
SEPTEMBER 1,2417
PAGE 6 OF 16
Environmental lnfluences
Hurricanes
All of South Florida is vulnerable to hurricanes, and most all older buildings in South
Florida, including this building, have been subjected to hurricane-force winds. Past
performance, however, cannot be considered a reliable predictor of future
performance. Obviously of course, deterioration is progressive, and structural
systems may weaken over time. Wind direction and the effects of surrounding trees
and construction are also significant factors.
Flooding
Floods are possible in most of the coastal regions of South Florida. According to
Miami-Dade County's website, this building is located within a FEMA AE-8 flood
zone, which places the Base Flood Elevation (B.F.E.) at +8.0 ft. N.G.V.D. Current
FEMA and Miami-Dade County requirements put the Design Flood Elevation
(D.F.E.) at B.F.E. plus 1.0 ft = 9.0 ft. N.G.V.D. Current City of Miami Beach policy for
City-owned buildings is even higher (up to B.F.E. plus 3.0 ft = 11.0 ft. N.G.V.D.). At
this time, information relative to the elevation of the existing floor has not been
provided. Therefore, we do not know the existing floor elevation relative to these
B. F.E./D.F.E. elevations.
General Building Code lssues Relative to
Future Repair. Renovation and Additions
For this discussion, we refer to the Florida Building Code, 2017 and the Florida
Building Code - Existing Building, 2017 (the 2017,6'n Edition, is presently scheduled
to be effective on December 31,2017). Of course, it is possible that future Building
Code editions may contain changes appticable to future repairs, renovations and
additions of this building, but we cannot speculate on such future changes.
At this time, the Building Code will generally allow straight forward minor repairs to
structural members, without requirement for a specific investigation of the adequacy
of the existing members.
Any future renovations with a work area of less than 50% of the total floor area
would be classified as an Alteration Level 2. "Work Area" is generally defined as
reconfiguration of spaces. ln any case, however, any change to a structural member
would require compliance with current Building Code requirements for that particular
member and for any affected members.
lf it were determined through specific and appropriate investigation and evaluation
that a structural member or system were "dangerous" (as defined in Chapter 2 of the
Florida Building Code * Existing Building, 2A17), it would be required to correct the
dangerous condition. Where it is determined that the building as a whole or specific
systems have suffered "Substantial Structural Damage" (as defined in the Florida
www.DouGLAswooD.Brz
5040 N.W. 7TH STREET, SUITE 820, MlAMl, FLORIDA 33126, T: (305) 461 - 3450
AFFTRMAT'E ACroN / EouAL oppoRruNrry EM".E€H. 2300 of 2519
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EXISTING LOG CABIN
8128 COLLINS AVENUE, MIAMIBEAChI, FLORIDA
SEPTEMBER 1,2417
PAGE 7 OF 16
Building Code 2017 - Existing Building), such damage would need to be corrected
and brought into compliance with current Building Code requirements.
When proposed renovations have a work area greater than 50% of the total floor
area, a project will be classified as an Alteration Level 3. The Building Official should
be consulted where there is any question of interpretation relative to the
determination of Alteration Level 2 or Alteration Level 3. Under Alteration Level 3,
there are two levels of structural consideration. lf less than 30% of the total
structural area (floors and roofs) is directly involved in the renovation, structural
aspects of the renovation are generally the same as for an Alteration Level 2. The
area considered to be directly involved in the renovation is generally calculated to
include all areas of roofs and floors undergoing structural alteration plus all areas
(not already included) of roofs and floors which are gravity-load-tributary to any
vertical structural support members which are altered. When the area of structural
alteration exceeds 30% of the total floor and roof area, the project is considered a
Substantial Structural Alteration. For such case, it is required that the altered
building conform to the current Florida Building Code Requirements for wind loading.
lf a change of use for the building were proposed, structural enhancement for current
Building Code requirements for wind loads would be required, if the proposed
occupancy qualifies as a higher Risk Category as defined in ASCE 7.
lf the cost of proposed repair, renovation, restoration, enhancement (and additions, if
applicable) exceeds 50% of the current construction cost value of the existing
building, it would be necessary for the altered building to be brought into compliance
with current FEMA flood design requirements. lf a building is officially designated as
historical, it is possible to obtain a waiver of flood design requirements.
Section 707.32 of the Florida Building Code - Existing Building 2017 also requires
that when a building is reroofed, the connections of the roof sheathing and roof
framing members be brought into compliance with current Building Code
requirements.
Proposed additions would need to comply with Chapter 11 of the Florida Building
Code - Existing Building.
Due to the extent of deterioration and collapse in this building, it appears that any
future renovation would be classified as correction of Substantial Structural Damage
and as a Substantial Structural Alteration under Alteration Level 3. Therefore,
structural systems will need to be made to comply with current Building Code
requirements for strength and performance.
WWW.DOU GLA,SWOOD. BIZ
5040 N.W. 7TH STREET, SUITE 820, MlAMl, FLORIDA 33126, T: (305) 461 - 3450
AFFTRMATI,E ACroN / EouAL oppoRruNlry ,*",-E€R" 2301 of 2519 EB 6353
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EXISTING LOG CABIN
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SEPTEMBER 1,2017
PAGE 8 OF 16
GENERAL BUILDING CONFIGUR,ATION
This building was originally constructed as a one-story residence. The overall
configuration appears to remain generally as originally constructed (Refer to
Photograph No. 4 through 8). A rear porch with flat roof and concrete floor slab
appears to be an addition (Refer to Photograph No. 4).
The interior layout of the building also remains mostly as originally constructed with a
central living/dining room, two bedrooms and a bathroom to the south side and a
bedroom, bathroom and kitchen to the north side.
WWW.DOUGLASWOOD,BIZ
5040 N.w. 7TH STREET, SUITE 820, MlAMl, FLORIDA 33126, T: (305) 461 - 3450
AFFTRMAT,E Ac,oN / EeuAL oppoRruNrfi .rr.t€fl" 2302 of 2519
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EXISTING LOG CABIN SEPTEMBER 1,2017
8128 COLLINS AVENUE, MIAMI BEACH, FLORIDA PAGE 9 OF 16
GENERAL DESCRIPTION OF EXISTING STRUCTUR,AL SYSTEMS
BY BUILDING SECTION
Roof
The main roof has a hip configuration (Refer to Photographs Nos. 4 through 8) with
an added flat-roofed rear porch roof.
The roof structure over the northern and southern rooms consists of plywood (not
original) over spaced wood boards on wood rafters (Refer to Photographs Nos. 9
through 14). There are horizontal wood ceiling joists which bear on the exterior walls
and on interior partitions. These joists generally span east-west and are not
generally aligned with the roof rafters.
The exposed exterior eave rafters are small-diameter logs, and at the north and
south areas, they are cantilevered from the main roof rafters (Refer to Photographs
Nos. 12 and 15).
The roof over the center portion of the
constructed with exposed wood log
Photographs Nos. 16 and 17).
building (original living/dining room) was
rafters, braces and bridging (Refer to
The roof over the front porch is not presently accessible.
The rear porch roof appears to be an addition. lt is constructed of plywood
sheathing, wood rafters and wood beam (Refer to Photographs Nos. 4, 18, 19 and
20).
Bearing Walls
The primary structural bearing walls are the exterior wood log walls. These walls
bear on the exterior concrete stemwalls-
There are also interior log walls along the north and south sides of the central
living/dining room (Refer to Photograph No. 21). These walls provide some support
for the roof and ceilings. These walls bear on wood beams, which bear on the
concrete stemwalls and on concrete piers. These interior log walls interlock with the
east and west exterior log walls, and their log ends are exposed on the exterior
(Referto Photographs Nos. 4,7,22 and 23).
The interior partitions (other than the interior log walls) are wood-framed, and they
support the ceilings. These partitions bear on the floor framing.
Columns
The northeast and southwest corners of the front porch roof are supported on
cylindrical concrete columns (Refer to Photographs Nos. 7, 8 and 24). We assume
that these columns were originally wood logs and that concrete columns were
substituted at some later time.
WWW.DOUGLASWOOD.BIZ
5040 N.W.7TH STREET, SUITE 820, MlAMl, FLORIDA 33126, T: (305) 461 - 3450
AFFT RMAT,E ACroN / EouAL oppoRru N lry EMrt&,ARu 2303 of 25 1 9
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The wood beam at the west edge of the rear porch roof is supported on steel pipe
columns.
Fireplace/Chimney
The fireplace and its chimney are constructed of oolitic limestone rubble (refer to
Photographs Nos. 8 and 25). Below the floor, however, the stemwalls below the
fireplace are constructed of concrete block (Refer to Photograph No. 26).
Floors
The interior floors consist of a single layer of wood flooring (no subfloor/sheathing)
on wood joists (Refer to Photographs Nos. 1, 27 ,28 and 29). The joists span in the
north-south direction. The joists bear on top of the concrete stemwalls (set in
notches in the lowest log) (Refer to Photograph No. 28), and they bear on interior
wood beams (Refer to Photograph No. 27). The beams bear in pockets in the
concrete stemwalls (Refer to Photograph No. 27) and on interior concrete piers,
formed using S0-gallon steel drums (Refer to Photographs Nos. 27 and 29). The
interior log walls (north and south sides of central room) bear on the floor joists
above the beams (Refer to Photograph No. 30).
The floors of the front and rear porches are concrete slabs-on-ground.
Foundations
The primary foundations consist of concrete stemwalls founded on continuous
concrete wall footings under the perimeter log bearing walls (Refer to Photograph
No. 27). The depth of the footing varies somewhat (i.e., it is sloped).
The steel pipe columns at the rear porch bear on the edge of the concrete floor slab
(Refer to Photograph No. 31).
lf there are footings for the front porch columns, they are buried and were not
observed.
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5040 N.W. 7TH STREET, SUITE 820, MIAMI, FLORIDA 33'126, T: (305) 461 - 3450
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PAGE 1I OF 16
GENERAL ASSESSMENT OF PRESENT CONDITION OF EXISTING
STRUCTURAL SYSTEMS
Specific Areas of Noted Significant Structura! Deterioration or Damage
Roof
1) ln general, with some exceptions, most of the interior roof framing members
appear to be in fair to good condition. Many of the exterior roof members,
however, have noticeable deterioration and/or damage.
2) Many of the exposed small-diameter log eave rafters have significant amounts or
rot, insect damage or both (Refer to Photographs Nos. 32, 33 and 34). Many of
these eave rafters appear to butt against the fascia. We assume that these eave
rafters have been replaced at some time. Continuity with the interior rafters is
not apparent at this time. Without continuity, they do not support the eave.
3) Numerous locations of the eave sheathing boards exhibit insect damage (Refer
to Photograph No.32).
4) There is significant insect damage and/or rot in the rafters and beam of the rear
porch (Refer to Photographs Nos. 18, 19, 20, 35 and 36).
5) There are a few areas of rotted plywood sheathing in the roof of the rear porch
(Refer to Photograph No. 20).
6) There is a yellow covering in the lower length of the southeast hip ridge board
(Refer to Photographs Nos. 9 and 37). This appears that it may be a fungus.
Log Walls
1) The entire north wall (Refer to Photograph No. 8) and approximately 2 to 3 foot
returns at the east and west walls appear to be constructed of pressure-treated
logs. lt appears that these areas were entirely reconstructed at some point in
time. Where the replacement logs meet the original logs in the east and west
walls, the logs are butted to each other (often with mortar or chinking to fill and
seal the joints) (Refer to Photographs Nos. 38 and 39). The lack of continuity in
these logs results in a lack of structural capacity relative to lateral wind
pressures.
2) The later pressure-treated logs exhibit weathering, splitting and some areas of
minor rot.
3) The uppermost log in the north (replaced) wall, was installed in segments (rather
than continuous). Again, this arrangement lacks structural capacity relative to
wind pressures.
4) While the interior surfaces of the logs remain in fair to good condition, the exterior
portions of the original logs are significantly deteriorated. Deteriorated conditions
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5040 N.W.7TH STREET, SUITE 820, MIAMI, FLORIDA 33126, T: (305) 461 - 3450
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include rot (slight to severe), splitting and delamination of rings (Refer to
Photographs Nos. 40 through 59). ln many locations, these conditions penetrate
deep into the logs.
5) Many of the logs have been previously patched with mortar (Refer to
Photographs Nos. 48,49,61,62,63 and 64). Some logs have been patched
with inserts of dimension lumber and mortar. These are inappropriate patches.
Many of these patches are now failing due to progressive deterioration and rot.
6) The chinking between logs in the exterior walls is in generally poor condition.
This is particularly true of the exterior sides, but also extends to the interior sides
in many locations.
Chimney
1) The chimney and fireplace appear to be unreinforced masonry.
Porch Columns
1) The concrete slab at the northern pipe column of the rear porch is cracked (Refer
to Photograph No.31).
Floor
1) Some of the floor sheathing and joist segments under the north side restroom
(north side of fireplace) have been replaced. The joist splices do not appear to
be adequate (Refer to Photograph No. 60).
2) There are no provisions for ventilation of the crawl space. Ventilation is a
Building Code requirement.
3) Where the floor joists bear on the exterior concrete stemwalls, most only bear
approximately 1-/i'to 2" on to the wall. This is generally an inadequate bearing
length. The wood members bear directly on the concrete. ln many locations, the
joists were set on shims at the stemwall. Many of these shims are loose or have
already fallen.
4) Where the floor beams bear on the interior concrete piers, they are generally set
on unsecured wood blocks or shims (Refer to Photograph No. 29).
Foundations
There are long, generally horizontal cracks at the tops of the concrete stemwalls in
some locations (Refer to Photographs Nos. 65 and 66). These cracks may be the
result of spatling from corroded reinforcement. Additional investigation would be
required to better determine the cause and prognosis of this condition.
WWW.DOUGLASWOOD.BIZ
5040 N.W. 7TH STREET, SUITE 820, MlAMl, FLORIDA 33126, T: (305) 461 - 3450
AFFTRMAT,E ACroN / EeuAL oppoRruN*y EMrrt8fl" 23od of 2519
185
EXISTING LOG CABIN
8128 COLLINS AVENUE, MIAMIBEAChI, FLORIDA
Areas of General Structural Deficiency1. In addition to the areas of deterioration, damage and collapse noted above,
there are a number of additional issues of general structural deficiency.
Generally, the wood structural systems should be considered to be
structurally inadequate. This is true for roofs, walls and floors. Where
members remain in serviceable condition, enhancements would be required.
The hip ridge boards are long 2x6's. One must assume that they are
supported by the geometry of the roof planes and by lateral resistance at the
tops of the log walls. Each of these ridge boards is also supported by one
2x4 stud in the partition above the interior log walls (Refer to Photograph No.
13). ln our opinion, this configuration and the associated members and
connections are of questionable capacity.
The free ends of logs at window and door openings lack resistance to lateral
wind pressures.
As is the case for almost all old buildings, connections and general continuity
are deficient relative to wind uplift.
At this time, it is assumed that the floor is below the current FEMA Design
Flood Elevation.
There are no provisions for equalization of flood waters between inside and
outside of the crawl space.
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5040 N.W. 7TH STREET, SUITE 820, MIAMI, FLORIDA 33126, T: (305) 461 - 3450
AFFTRMATI'E ACroN / EeuAL oppoRruNrry .*",-t#fi" 2307 af 2519
SEPTEMBER 1,2017
PAGE 13 OF 16
2.
3.
4.
5.
6.
7.
186
EXISTING LOG CABIN
8128 COLLINS AVENUE, MIAMIBEACH, FLORIDA
CONCLUSIONS AND RECOMMEN DATIONS
1) As described in the preceding portions of this
relative to general structural deficiency.
SEPTEMBER 1,2017
PAGE 14 OF 16
report, there are many concerns
2) There is significant deterioration and damage to the existing structural systems,
particularly the exterior eaves and walls.
3) The entire north side wall and 2 to 3 foot returns of the east and west walls were
entirely reconstructed at some time.
4) There are many areas of inappropriate previous patching and replacement.
5) There are issues related to Building Code requirements (Alteration Level,
Substantial Damage and Substantial Structural Alteration and reroofi ng).
6) There are also issues related to compliance with FEMA flood design
requirements.
Of course, the issues encountered above are not uncommon for old buildings.
Disregarding the issue of construction cost for the moment, in our opinion, the
generalfeasibility of restoring this building is determined by the present conditions of
the exterior log walls.
1) As previously stated, the entire north wall and returns at the east and west walls
have already been reconstructed. Therefore, these areas of the exterior walls do
not contain any original material (except two windows).
2) There are many areas of inappropriate exterior patching.
3) The entire exterior has been painted.
4) The exterior portions of the log walls and eave rafters are significantly and
extensively deteriorated.
ln our opinion, most of the logs in the exterior walls would need to be replaced. Due
to the extent of deterioration, it does not appear to be reasonably feasible to repair
the exterior logs. Epoxy products intended for wood repair could be considered, but
again, the general extent of repairs, the depth of repairs and the volume of repair
appear to be too great. Even if such repair materials were used for portions of the
exterior logs, the repair areas would, of course, lack the color, texture and grain of
the wood. The exterior would need to be completely repainted. The paint and lack
of texture in the patches would likely by esthetically unacceptable for a "historical"
restoration. Given these conditions and limitations, it is our opinion that the exterior
log walls need to be reconstructed using new materials.
www.DouGLASW00D.Blu
5040 N.W. 7TH STREET, SUITE 820, MlAMl, FLORIDA 33126, T: (305) 461 - 3450
AFFTRMAT,E ACroN / EouAL oppoRruNrry EM".E€R" 2308 of 2519 EB 6353
187
EXISTING LOG CABIN
8128 COLLINS AVENI,.'8, MIAMIBEACH, FI.ORIDA
SEPTEMBER 1,2417
PAGE 15 OF 16
Other existing structural materials for roof framing, floor framing and interior partition
framing could be salvaged and reinstalled into the reconstructed building where such
materials are determined to be in serviceable condition. As previously discussed,
however, significant structural enhancement to these systems will be required due to
Building Code requirements for reroofing, Substantial Damage and Substantial
Structu ral Alteration.
Enhancement of the floor structures and of the roof structures above the northern
and southern rooms can be accomplished in concealed areas (crawl space and
attics). The exposed roof framing in the central roof, however, would present a
challenge. Further study, analysis and design would, of course, be required.
Possible solutions are to sensitively supplement the existing members and
connections with additional members and connection devices or to replace the
existing embers with larger (stronger and stiffer) members.
Clearly the construction cost for accomplishing an appropriate restoration of the
building will exceed 50% of its current construction cost value. This will require
compliance with current FEMA flood design requirements. At this time, we do not
know the existing floor elevation. Assuming it is below the current Design Flood
Elevation, the floor would need to be raised. Also, it is required to provide flood
equalization vents for the crawl space. As currently constructed, this is not feasible
because the crawl space is entirely below the surrounding grade. Current
requirements would require that the stemwalls be extended above grade and that
flood vents be added. The ground inside the crawl space would need to be raised to
within one foot of the bottoms of the flood vents.
It should be noted that if the building were designated historical, a waiver from
compliance with flood design requirements could be obtained.
Our assessment, therefore, indicates that "restoration" of this building is not feasible.
The closet one could come to "restoration" would be to reconstruct foundations and
stemwalls with new materials (unless historical designation is achieved and flood
design requirements waived), reconstruct the exterior log walls with new materials,
and reconstruct the floor and roof using existing materials, supplemented with new
materials as required.
lf there were a delay between dismantling of the existing building and reconstruction,
salvaged materials could be stored. Of course, the salvaged materials should be
stored indoors. An air-conditioned space would be best. We were also asked to
consider the feasibility of relocating this building. Given our conclusions above,
however, it does not appear that relocation of the building is appropriate. lf a new
location is desired, one would simply construct the new foundations, stemwalls and
exterior log walls at the new site. Existing roof and floor structures would be
dismantled, and salvaged materials transported to the new site.
Although it could be done, it would not be cost effective to reconstruct the log walls
at the current location and then relocate the entire building to a new site.
vvww.Dou G LAswo0D. Blz
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At this time, it is only possible to consider the probable construction costs on a very
preliminary basis. At this time, we will assume that the building will be reconstructed
as discussed above and as indicated below.
At this time, we estimate that the probable construction cost will be in the range of
$750,000 to $1,000,000. At this time, we estimate that the costs may be breakdown
approximately as follows
EXISTING LOG CABIN
8128 COLLINS AVENUE, I{IIAMI BEACH, FLORIDA
CONSTRUCTION GOST ESTIMATE
WW$',DO U G L,ASWOOD, B IZ
5040 N.W. 7TH STREET, SUITE 820, MlAMl, FLORIDA 33126, T: (305) 461 - 3450
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2310 of 2519
SEPTEMBER 1,2017
PAGE 1$ OF 16
1)New foundations and stemwalls 5o/o
2\Reconstruct loo walls with new materials 15%
3)Reconstruct floor and roof with new and salvaqed materials 15o/o
4)Restore interiors 20o/o
5)Reroof with wood shakes 5o/o
6)
Restore or replace (with historically compatible units) existing doors and
windows 15o/o
7\
Accomplish minimal site wok (exterior walkways and ramps, grading,
storm drainaqe, minimal landscapinq, minimal exterior liohtinq)5%
8)Comoletelv reolace mechanical. electrical and plumbinq systems ZOYo
Total 100%
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5040 N w. 7'H srREET. surTiPaEEilA8ifr*:o6,fi543s:;r. T. i3J57 40i - 3a50
AFFIRMATIVE ACTION / EQUAL OPPORTUNIlY ENlPLOYER EB 6353
243
::::::::::
PHOTOGRAPH NO,66
WWW,DOUGLASWOOD.BIZ
5M0 N.!v. 7'" srREEr, sufiEagpra66ffifl6i9rrsa, r: (305) 461 - 34s0
AFFIRMATIVE ACTION / EQUAL OPPORTUNIry EMPLOYER
244
North Beach Loe Cabin- 8128 Collins Ave.
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MIAMI BEACH
City of Mir,ni Bsach, 1700 Convention Center Drive. Miami Beach. Florida 33!39. www.miamibeachfl.gov
COMMISSION MEMORANDUM
Mayor Philip Levine and Members the City
FRoM: Jimmy L. Morales, City Manager
DATE: Juty 26, 2017
6u&rECr: Miami Beach Log Cabin
BACKGROUND
Over the past several weeks there have been several discussions about the future of the
Miami Beach Log cabin. Both the Miami-Dade County and Miami Beach Historic
Preservation Boards have expressed support to restore and retain the structure. The
Planning and Property Management departments have researched and provided the
following information about the Miami Beach Log Cabin at 8128 Csllins Avenue. Our
Building Official has also visited the site. By way of background our records indicate the
following:
' Construction date: 1934' Architect: E.A. Ehmann' General Contractor: Owner by foreman {F.F. Roderic)' Original owner: A"T" Drew / Charles Crawford' Type of construction: Log cabin' Cost: $4,000. Foundation: reinforced concrete' Original use: residence' The permit history of alterations and repairs include:. 1940: general repairs and paint. 1951: roof repair' 1955: addition of screened pagoda' 1969: enclosure of carport. 1970: 4-foot CBS block wall
The property is not located within any local historic district and is not individually
designated as a local historic structure. The propertywas vacated in 2013. Staff cannot
find any additional historical information about the Miami Beach Log cabin.
TO:
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252
Commission Memorandum
July 26, 2017 page 2 or 3
Current Facilitv Condition
ln May 2017, per the direction of Administration, the Property Management Division of
the City's Public Work's Department commissioned a conditions assessment report of
the Log Cabin structure from BEA Architests, lnc. The consultant was asked to assess
the building's conditions and provide cost estimates associated with conducting a major
upgrade of the structure, relocating the structure to elsewhere on the site and
maintaining the structure as a sort of gateway building for the site. The consultant
determined that relocation was not viable (as further damage andlor collapse is possible)
and, given the extent of the deterioration, making the structure code compliant would be
"synonymous wlth construction of a new replacement struclure". The cost estimate
totaled $487,500. This report was presented at the June 16,zAfi Finance and Cityrvide
Committee meeting where the committee moved to fund the demolition and removal of
the structure in the amount of $15,000.
Based on feedback from residents and the Mayor's North Beach Committee request for
second and third consultant evaluations and opinions, Property Managernent staff
continued to meet with several North Beach residents, reached out to the Building
Official and contacted additional consultants for evaluation. The City's Buitding Officiat
visited the site and advised that the structure was not suitable for public use or
occupancy. ln particular, he noted that it is a fire trap, has no fire protection, and does
not comply with ADA or Florida Building Code accessibility requirements. He suggested
perhaps canserving interior logs in sound condition and the coral rock chimney in the
center of the building as well. This opinion is in line with the initial assessment obtained
from BEA Architects and suggests that a feasible restoralion scope may be limited to
salvaging key components of the structure that remain in fair condition todiy.
Upon learning of the successful restoration of the log cabin structure at Village of
Biscayne Park, Property Management staff contacted McKenzie Construction- the
contractor responsible for the restoration- for a second opinion (attached). The estimate
provided for our cabin totals $595,866 and does not include contingency. McKenzie also
concludes that restoration is essentially synonymous with rebuilding the structure while
retaining certain historic elements.
The City has no budgeted funds for restoration of the Log Cabin.
Biscayne Park Loo Cabjn
ln 2016, the Village of Biscayne Park completed the restoration of an existing log-cabin
structure. This project returned the Log Cabin to its original intended usi, the City
Commission chambers and public meeting space" For comparison purposes, the City
contacted the Mllage of Biscayne Park for additional information. Tlre Mllage Manager
has provided the City with the following information. The total cost of lroject was
$s42,830.6s.
A portion of the funding for the project was provided by a $1 million Staie of Florida
Department of Economic Opportunity Grant to building a new Mllage Hall annex, and a
$25,000 grant from the Mllagers, lnc.) The remainde? was funded'by the Village. The
contractor was McKenzie Construction and architect was RJ Heisenebotile.
fhe original use of the Biscayne Park log cabin was the city commission chambers and
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Cammission Memorandum
Juty 26, 2417 Paoe 3 af 3
public gatherings. Over the years, the porches were enclosed to make room for staff
and it ultimately became administrative offices and police department" Since the cabin
was made entirely of Dade County Pine, there was litle deterioration of the actual
logs. A new roof was installed as well as updated plumbing, electrical and impact rated
custom windows and doors were built and installed. The original hardwood floor had
been covered with a new wood floor at some point years ago. There were really no
significant structural issues encountered, as the Dade Pine remained in excellent shape
overall.
There is more history found on this Biscayne Park cabin, as detailed in the Village of
Biscayne Park website. 'The Works Progress Administration built the log cabin, a clear
and distinct reference to the Depression era as well as to the simpticity of the American
frontier days. On February 1, 1933, at the height of the Depression, the Federal
Ernergency Relief Program provided the labor for the Dade County pine
construction. William Green, a resident of the Park, as well as a Councilperson, was a
regional administrator for the federal program and was certainly instrumental in the
creation of the Fark's singular and distinctive building. The actual expenses incuned
were a grand total of $247, met by individual donations of $5 to $20 and gifts from the
Card Club that ranged from $10 to $22. ln light of today's multiple million dollar projects,
these modest sums seem very quaint, but when held in tight of the circumstances in
which they occuned during the national depression, they reflect generous and caring
residents and a community that was conscientious of their town. At a special ceremony
on January 24th, 1935, the finished Log Cabin was officially turned over to the Village,
and to this day has been the center for the daily operations of the Park. Since its
creation in the thirties, it has been the prized symbol of the Mllage of Biscayne Park."
CONCLUSION
Staff is seeking direction from the Mayor and City Commission with respect to requests
to restore or relain the building.
JLM/SMT
F;\crngASALL\SUSY\Commission Memos$riliami Beach Log Cabin.docx
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Monserrat, Marcia
From: Fernandez, Mariano
Sent Tuesday, July 18,2017 9:51AM
To: Morales, Adrian
Cc: Morales, Jimmy; Brooks, Kathie; Carpenter, Eric; Torriente, Susanne; Fernandez, Virgilio;
Salgueiro, Ana
Adrian:
I personally visited and inspected the inside and outside structure of the cabin. The cabin is not safe for occupancy and
much less to be used for assembly or public access. lt is a fire trap with all the inside wood with the layers of applied
varnish over the years, and the cabin does not comply with the federal ADA and FBC accessibility codes, and has no fire
protection for public use.
Even if you try to restore it to "new" condition it will never get the building or fire approval for public use.
rClAi#\imf ACH
Mariano V. Fernandez, P.E., Director/Building Official
BUILDING DEPARTMENT
1700 Convention Center Drive, Miami Beach, FL 33139
Tel: 305-673-7610 ext 6288/ Fax: 786-394-21455
MarianoFernandez@miamibeachfl .qov
We are committed to providing excellent public sevice and safety to all who live, wotk and play in our vibrant, tropical, historic community
From: Morales, Adrian
Sent: Tuesday, July 18,2017 9:27 AM
To: Fernandez, Mariano
Subject: FW: please format for me
Chief,
For your file.
A rt I A ,\ ,t lf"tf* A tlv\tA/v\tmrl&q
Adrian Morales, Director/Lincoln Road Manager
PROPERW MANAGEMENT DIVISION
1833 Bay Rd, Miami Beach, FL 33139
Tel: 305-673-7000 Ext 2932 I Fax786-394-5350 / U&ryv.miamibeachfl.qov
Mobile: 786-620-6978
We are committed to providing excellent public sevice and safey to all who live, work, and play in our vibrant, tropical, historic community.
From: Uarcra, l-rancrsco
Sent: Monday, July 17 ,2077 3:48 PM
To: Morales, Adrian <AdrianMorales@miamibeachfl.eov>
Subject: RE: please format for me
Adrian,
See final memo attached.
1
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AAIAMIMffiACM
Cityof Miami Beach, lTOO Conv€ntion Contsr Drive, Miami Beach, FL 33139! www.miamibeachfl.gov
COMMISSION MEMORANDUM
TO:
FROM:
DATE:
SUBJECT:
Honorable Mayor Phillp Levine and Memben f the City Commission
Jimmy L. Morales, City Manager
July 24,2017
DISCUSSION REGARDING THE CONDITION OF THE LOG CABIN
STRUCTURE LOGATED AT 8128-COLLINS AVENUE
ADMINISTRATION RECOMM ENDATION
City Administration recommends the Mayor and City Commission approving the
recommendations.
Analvsis
ln May 2017, per the direction of Administration, the Property Management Division
commissioned a conditions assessment report of the Log Cabin structure from BEA Architects,
lnc, The consultant was asked to assess the building's conditions and provide cost estimates
associated with conducting a major upgrade of the structure, relocating the structure to
elsewhere on the site and maintaining the structure as a sort of gateway building for the site.
The consultant determined that relocation was not viable (as further damage and/or collapse is
possible) and, given the extent of the deterioration, making the structure code compliant would
be "synonymous with construction of a new replacement structure". The cost estimate totaled
$487,500. This report was presented at the June 16,2A17 Finance and Citywide Committee
meeting where the committee moved to fund the demolition and removal of the structure in the
amount of $15,000.
Upon receiving feedback from North Beach residents and the Mayor's North Beach Committee
and Historic Preservation Board, Property Management staff reached out to the Building Official
and contacted two additional consultants for evaluation of the Log Cabin. The City's Building
Official visited the site and advised that the structure was not suitable for public use or
occupancy. ln particular, he noted that it is a fire trap, has no fire protection, and does not
comply with ADA or Florida Building Code accessibility requirements. One consultant, McKenzie
Construction, provided an estimate of $685,246.59 (including contingency) to restore the
Structure, while conserving only 55% of the original logs.
Currently the Property Management Division is working with additional consultants to obtain
proposals for the restoration and/or relocation of the log cabin structure.
we are committed to pnvlding excetlent puilic sr*er* Ffi$9rff7"7uflt,frF1&, wk and ptay i0 out' viL,rant, ttopiq,t, hrbtotic Lommunity,
256
Commission Memorandum
Discussion Regarding the Condition of the
Log Cabln Structure Located at 8128 Collins Avenue
July 24,2017
At the July 21, 2017, Finance and Citywide Projects Committee (FCWPC) meeting, the following
recommendations were issued regarding the log cabin structure located at8128 Collins Avenue:
. Staff will collaborate with Daniel Ciraldo of the Miami-Dade Preservation League to
further investigate the Log Cabin's histor:ical significance within the context of the
community.
o Administration will work with the City's Grants Department to identify potential funding
opportunities available for restoration including the State Department's Division of
Historical Resources (DHR), namely the DHR's Special Category Grants.
. Property Management Division to revisit feasibility of successfully relocating the Log
Cabin and further explore the option to build an in-kind structure while salvaging key
elements of the Log Cabin that remain in fair condition today (i.e. treated interior logs
and coral rock fireplace).
The administration was asked to bring this infor:mation to the September 8,2017 FCWPC
meeting.
Conclusion
The Administration proposes accepting the FCWPC's recommendations delineated herein.
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258
Agenda ttem -.1&9 L
Date ?-1S- l7
Merino. Mlria;,i
From:
Sent:
To:
Cc:
Subject:
Attachments:
Aguila, Raul
Thursday, August L7,20L7 4:58 PM
Levine, Philip;Arriola, Ricky;Aleman, John; Grieco, Michael; Malakofl Joy; Rosen
Gonzalez, Kristen; Steinberg, Micky
Morales, Jimmy
FW:Air and Sea Show Letter
Stubbed Attachments.htm
Attached pls find letter to Air and Sea Show confirming renewal based on Event maintaining same scope as2Ot7
show. lwill forward fully executed copy once I receive (via LTC).
Thanks
THE FOLLOWING IS SENT FOR INFORMATIONAL PURPOSES.
REPLY.
from: Paz, Rafael
Sent: Thursday, August L7,20L7 4:54 PM
To: Aguila, Raul
Subject: Air and Sea Show Letter
TO ENSURE SUNSHINE LAW COMPLIANCE PLEASE DO NOT
259
MIAMIBEACH
City of ilicmi Booch, l7O0 Ccnvention Cenler Drive, Miomi Beoch, Florido 33139, www.miomibeochfl.gov
OFFICE OF THE CITY ATTORNEY
T el: 30 547 3-7 470, F ox: 30 5 -67 3-7442
August 17,2A17
VIA U.S. CERTIfIED MAIL
RRR#7010 0290 0002 4522 6705
c/o Michaell. Kotler, Esq.
54 S.W. Boca Raton Boulevard
Boca Raton, FL 33432
A National Salute to America's Heroes, LLC Mr. Micky Markoff
RRR#7010 0290 0002 4522 67012
A National Salute to America's Heroes, LLC
10394 West Sample Road, Suite 2O0
Coral Springs, FL 33065
Re: Clarification to Agreement between the City of MiamiBeach, Florida ('City') and A
National Salute To America's Heroes, LLC ( "Applicant"), dated February 1, 2016 for
Air & Sea Show event ("Event") during Memorial Day Weekend (the 'Agrreement')
Dear Messrs. Markoff and Kotler:
This letter hereby confirms that at the July 26,2017 City Commission meeting of the City of Miami
Beach, the Mayor and City Commission agreed to permit the 2018 Event to take place, and declined
to exercise the City's right to discontinue the Events pursuant to Section 20(a) of the Agreement,
contingent upon, and in reliance on, lJr. Markoffs agreement, as represented in his statement to
the City Cornmission at the July 26, 2017 meeting, that the activation forthe 2018 Event would have
the same scope as the activation agreed to, and implemented for, the 2017 Event.
Notwithstanding the preceding, the City Commission also directed the Administration to engage in
further discussions with the Applicant, with respect to the possibility to expand the 2018 Event
activation to, among otherterms, forthe sole purpose of potentially including a concertand fireworks
show from 4:00 p.m. to 9:00 p.m., as part of the 2018 Event, and for the City to fund an additional
City sponsorship, grant or other underwriting of costs for the Event, both subject to mutual
agreement of the parties.
At the City Commission meeting, and prior to the City Commission's vote, I specifically asked Mr.
Markoff if he acknowledged and agreed with the motion made to proceed with the 2018 Event, with
the same scope as the activation actually implemented forthe 2017 Event. Mr. Markoff, on behalf of
the Applicant, twice confirmed his acknowledgment and agreement to the foregoing. ln addition, Mr.
Markoff further expressed his willingness to continue the discussions with the City, and to share his
vision for an expansion and taking the Event forward.
Accordingly, this letter shall serve to clarify the Agreement to confirm that the 2017 Special Events
Permit, a copy of which is attached hereto as Exhibit 1, shall form the basis for, and the scope of,
We are co^m'lted tq prowdrng excellenf ptblrc servtce ond:olef, io o// who lle *ati ond pi6', tt ot,, ,'bron! 14pr6oi hrslorrc cammunt+
260
A National Salute to America's Heroes, LLC
August 17,2017
Page 2
the activation of the 2018 Event, with any other proposed activation subject to negotiation and
mutual agreement of the City of Miami Beach and the Applicant.
Please confirm the Applicant's acknowledgement and agreement to the scope of the activation of
the 2018 Event, by signing the enclosed copy of this letter where indicated below, and returning this
letterto me byAugust 30, 2017. Upon receipt of yourexecuted copy, the City Managerwill execute
and transmit this correspondence to the Mayor and City Commission via a Letter to Commission.
We look forward to our further discussions, and to working with you with regard to the 2018 Event.
Sincerely,
L*l ? 0y,
RaulJ. Aguila
City Attorney
Enclosurecc: Mayor and Members of the City Commission
Jimmy L. Morales, City Manager
Eva Silverstein, Director, City's Tourism, Culture and Economic Development Dep't
MarciA. Rubin, Esq., as Registered Agent for the Applicant
{8930 W. State Road 84, #127 , Davie, FL 33324)
Agreed to and accepted by:
Date:
A National Salute to America's Heroes, LLC
Micky Markoff, Manager
Date:
Jimmy L. Morales
City Manager
We ore colnmtlleC to prqvdlr,g exceilenl pubiic semce ond sofe4. io oil who ive worL ond ploy m aLr vtbraol toplco! nrslonc caamunily
261
Page 1
b
Department of Tourism, Culture & Economic Development
Office of Film & Event Production Management
Special Events Permit
Permit Number: 2077L1
Date: 5/L5/2At7
Event: National Saluteto America's Heroes (Air & Sea Show 2077)
The producer of the following event has met the necessary requirements pursuant to the Special Events
Permit Requirements and Guidelines of the City of Miami Beach:
National Salute to Am€rica's Heroes (Air & Sea Show 2017)
A National Salute to America's Heroes, LLC
Maureen Luna
215 Grand Concourse
Maureen Luna
Phone: 954449-477 L ttobile: 954449'477 t
Miami Shores FL -33138
lloblle: 954549-477t
Event:
Permittee:
Contact:
Address:
Onsite Contact:
Event Location 1:
Event Locatlon 2i
Nclghborhood:
Fax: #ErrtError
f
USA
Lummus Park Beach; loth - 14th Streets
Beachfront at 14 Street
Ocean Drive
Eegin Event
Date
End Event
Date
Start Hour End Hour Load-In
Date
Begin Hour End Hour Load-out
Date
Begin Hour End Hour
5/27/2oL7 5/2812ot7 9:00 AM 4:00 PM 5122/20L7 5:00 AM 12:00 AM 5l3Ll20L7 12:00 AM 12:00 AM
Event Description!
Evant Elements:
Estlmated Attcndance:
City Services:
Aircraft flight demonstration and aquatic show with entertainment, exhibits, souvenir and refreshment sales.
Event permit allows for the following areas/ uses:
iDisplay Village in Lummus Park west of the dunes in the sand area between 10 and 14 Street. Event must
have 50 feet clearance north of County dumpster. Area will include 10'x10'tents 3' apart, larger tents and
portolets, electrical with building permits, mllltary recruitment, vehkles and aircraft staged, food and
beverage vendors (no alcohol samples or sales), stage in 1100 block for live entertainment,* VIP/ Sponsor rent on beachfront east of dunes from 13 Street to 14 Place, per DEP permit, Miami-Dade
turtle monitor requirements, Boucher Brothers approval, tents, portolets, electrical and fencing with building
permits. Parachute landing zone in this area, seorred by MBPD and per FAA approvals. Area will be fully
secured from public access via police and ocean rescue. Alcohol sampling (no sales) permitted in this area,
but may not leave enclosure.. Ocean Box - Event is working with FAA, Coast Guard, other municipalities and Fire to completely control
15,000' x 3000' area of ocean east of swim buoy for a clean zone of no water or aircraft during event (5/27-
28, 9am to 4pm) and rehearsal times (5/26 12-4pm) . Ocean Rescue will maintain swlm zone and restrict all
Jetskis, etc. Added buoys per DEP permit reguirements.
Other details:t Event must have Miami Beach police escorts for all vehicle access in authorized areas (Lummus sand and
beachfront).* Event must execute a comprehensive and continuous sanitation plan that included single stream recycling,
regular trash/ dumpster pulls, cleaning of all areas throughout event, protection of sand from any cooking oil
or gritl/ coals and construction material, and full sifting of alt event areas until satisfactorily restored.t No night time lighting is permitted, including work/ security lighting, east of dunes from 9pm to 7am. West
of dunes, work/ security lightlng must face down/ west and may not be visible from beachfront, per DEP
requirements.* Reserved vIP parking in Anchor Garage per Parking arrangement. No other reserved meters or garage
spaces approved. No personal vehicles may use Lummus Park or Beachfront. VAP use is for production
essential vehicles only,* Noise ordinarrce is waived by City Manager during event and rehearsal times only, 5/26 t2-4pm and 5127'
29 gam-4pm. Waiver is for demonstrations in the Box only.
15000
Exhibit 1
262
Fage 2
Off-duty office notification 305-673-7823. Deputy Chief Rick Clements, Lt. Doug Simon coordinating.
Event staffing includes off-duty Police officers handling all load-in and load-out activities and all public safety
and traffic needs for this event. No street closures are approved via this permit.
All vehicles enterlng the beach must have a police escort at all times, failure to comply with this condition will
result on an automatic default of event's deposit,
Fire Department has staffed according to the event needs. Coordination by Chief Fernandez and Capt Charlton
Price.
MEOR will staff entire beachfrcnt, per coordination by Capt, Vincent Canosa.
All CiW Departments have been notified.
Sanltation Clean Up: Event producers must execute an approved sanitation plan as part of their event. All arrangements and
removal of garbage, trash, single stream recycling, and other debris are the sole responsibility of the
applicant including but not limited to any of the surrounding areas throughout the duration of the event and
immediately following it. Permits may not employ City trash cans and dumpsteE as their sanitation Applicants
are required to meet sanitation standards to assure an adequate number of litter and recycling containers are
on-site, and must encourage guests to comply with the City of Miami Beach's anti-litter efforts. At minimum,
one recycling container is required perdesignated trash collection area. Single stream recycled materials must
be removed separately from trash and taken to an appropriate recycling center. Glass contain€rs and plasttc
straws are prohiblted unless stated otheruise. Any Styrofoam and polystyrene food service items are strictly
prohibited, The event slte and areas surrounding it must be restored to its original condition; failure to
execute a proper sanitatlon plan will result in default of the security deposit.
Also as part of the Sanitation plan for this event all port-o-lets must be maintained at all times they are open,
to event attendees and general public. If event producers wish to lock port-o-lets after event hours, that must
be made clear and will be checked. If port-o-lets are rneant for attendee use only, they must be behind
enclosed fencing that does not allow open use, Port-o-lets maintenance must include overall cleanliness and
restocking paper and supplies throughout the course of open use. Vendors maintaining, emptying and
delivering/ removlng pori-o-lets must follow all procedures of Vehlcle Access Policy and have proper passes
and escorts.
Sand sifting is required as part of this event.
Parking Plan: Event attendees will park ln various municjpal parking garages and meter parting in the surrounding areas.
100 VIP parking spaces pre-paid and reserved in Anchor Garage 5/27&28 only,
Permlt Conditaons: **THIS PERMTT MUST BE POSTED IN A CONSPICUOUS LOCATION. Failure to do so may result in a citation.
NOISE/ EVENT ENTERTAIN MENT:
:rThis Special Events permit proviries a City Manager granted waiver from the Miami Dade County Noise
Ordinance tor 5/26 L2-4pm,5127-28 9am-4pm for demonstration activity in the ocean box area. In all other
areas, applicant shall abide by the Miami Dade County Noise Ordinance and City of Miami Beach ARTICLE IV
NOISE section of the City Code.t.Uve and DJ Entertainment as well as announcements at Display Village stage area and in VIP tent.t*Speaker placement must face due east.1* Per the Miami-Dade County ordinance any load-in or load-out activity/operations must cease by 11:00pm
and resume the next day at 8:00am unless otheruise stated in this permit.rtNo liquor sales are approved via this permit. Liquor sampling/ wet zone in the enclosed VIP tent area only,
with alcohol not to leave the prernises.
BEACH ACCESS/SITE LOCANONr*Event site location: Lummus Park sand area 10-14 Street and beachfront hardpack from 13St - 14 Pl. Event
producer will leave 25 feet between the event site and the the dune in all areas at all times.
r*Beach Access Conditions: as part of this permlt twenty five (25) vehicles are allowed on the beach at one
tlme (#'s 4341-4365). As lndicated in the vehicle beach access policy this permit must be displayed on the
windshield of any vehicle on the beach. All such vehicles must be escorted onloff the beach by City of Miami
Beach Off-Duty Police. Any vehicles that do not have a pass displayed are subject to immediate removal.
Event applicant must leave a 25 foot emergency access lane from the eastem most part of the sand dune to
the event site or 25 feet from the trash can line to the event site,
+*Only essential production vehicles are permitted in Lummus Park or the beachfront. No personal vehicles.t'All beach access and dune cross over's must remain open at all times, except 13-14 Street with signage
created by producer to redirect.
OCCUPANCY:r*A ternporary occupant load in the enclosed vIP area is PENDING, to be issued by the City's Fire
Department, Once issued, applicant must post the certificate for inspection.
BUILDING PERMTTS/ CONDITIONS :
**Building Department permitted temporary structures include: tent(s), generator(s) (must include absorbent
padding under them if on sand or grass), restrooms and fencing. All approved building permits and requisite
special inspector forms must be on site for inspection at all times. Failure to provide such forms will result in a
violation of this Special Event permit.
r*Allowed temporary structur€s which DO NOT require a building permit - portable generators rated at 5000
watts or less (must be enclosed by a fence or barricade, must have sound muffled to abide by noise
ordinance; must include absorbent padding under it if on sand or gEss; all cabling must be ADA compliant). A
30" or less riser (for production purposes only; the pt'blic is not allowed on it at any time); tents measuring
120'square feet total or less with three foot separation from each other or any structures if no electrical 'Jseinvolved; ten feet if electrical use involved.*rAppl'atnt rnr,st use black or dark colored plastic fasteners for all installatior'ts on sarrd and must compietaiV
263
Page 3
remove and discarded fasteners from the event site. Any and all t-rews or naiis MUST be removed from sand
at event produce/s expense an collected individually as removed.
'rApplicanvvendor is responsible for taking necessary measures to ensure public safety. All cables placed in
the public right of way must be covered ln electrical sleeve jackets and must be ADA accessible,
'*Any temporary structures not listed a5 part of this permit that are erected at the event site must have the
approved building permit and requisite special inspector forms posted on the structure and available for
inspectlon at all times. Failure to do so is a violation of this Special Event permit.
EXTENSIONS/ PROVISIONS :
trThere will be no special use of Ocean Drive or any finger street from 5-15 Street, inclusive of load in and
load out, as part of this event,r*Sampling from participating event sponsors may only take place within the identified/ defined event area
as per the approved site plan, Any sampling beyond this approved area requires a Temporary Sampling
Permit, Any deviation constitutes a violation of this permit and must cease immediately.tr Any sales of non-alcoholic beverages on public property must meet brand alignment of Coca-Cola
agreement with the City of Miami Beach. Any deviation constitutes a violation of thts permit and must cease
immediately..tAny commercial fllmlng on public prcpeftyi whether produced, coordlnated or approved by the permittee;
within or relevant to the approved event area, must have an approved Miami Beach film permit, All drone
(UAS) uses are prohibited in event area, whether above public or private property, and cannot be permitted
by film permit in public event activations. Allowance of drone uses by permittee is a violation of this permit.
t.aDu€ to mosquito breeding concerns, any standing \{ater use is a violation of this permit.
STREET CLOSURES/ I.JNE REDUCTIONS/ ROW PERMITS:
r*There are no street closures approved as part of this permit.
t'Unless otherwise stated in this permit, no closure, lane reduction or traffic holds are permitted Monday -
Friday from 7am to 9am and 4pm to 7pm.
SIGN.OFF'S/ NEIGHBORHOOD REVIEW :
rtResidential notices provided to Il Villaggio, 1501 Ocean Dr.
r+Communlty revlewed,
OTHER/ DISCTAIMER:r*State of Florida DEP approved. Applicant must abide by DEP idelines. Copies of the DEP permit and
guldelines have been provided to the applicant,
t*The City of Mlami Eeach reserves the rlght to
*aShould any of the Special Event Permit cond
clted and may Forfeit the securlty deposlt.
in any way, the applicanVproducer will be
APPROVED BY:
City Manager EVIVW/GW/LN/MB
4il,,
I Events Permit at lts discretion.
264
P4a 4
Permit Number: 201771
TER.MS AND CONDTTIONS OF SPECIAL EVENTS PERMIT
AUTHORITY: This Permit is issued by the authority of the City Manager (the 'Permittor'), for the purpose of special
events on public property, or private property where such event would not normally be allowed, pursuant to the Special
Events Permit Regulations and Guidelines, as codified in City of Miami Beach Ordinance No. 2001-3302, as same may be
amended from time to time (the Guidelines).
PERMIT REQUIRED: This Permit is a public record and must be maintained and available for inspection at all times at the
location on which the Event occurs. This Permit may not be assigned, altered, and/orthe terms oFthis Permit varied
from by the Permittee without the prior written consent of the City of Miami Beach. This Permit shall not be valid unless
approved and executed by the city Manager.
COMPLIANCE WITH PERMIT AND LAWS: Permittee agrees to comply with the terms and conditions of this Permit; the
Guidelines (as may be amended from time to time); and with all applicable Federal, State, and local laws, regulations,
ordinances, and rules. Non-compliance shall be subject to enforcement by the City, through and including, but not
limited to, City Police, Code Compliance Officers, Fire Inspectorc, or such other authorities (whether City, State, or
Federal) having jurisdiction, and may further result in revocation of this Permit and/or cancellation, suspension, or early
termination of the Event. The Permittor, or an authorized representative, may modiff, suspend, or revoke this Permit,
at his/her sole discretion, including, but not limited to, such cases where the Permittor finds that Permittee's activities
and/or the Event is contrary to the health, safety and welfare of any person, or that said activities are or will cause
damage to real or personal property.
INSUMiTICE: This Permit is granted subjectto Permittee providing the City any and allapplicable Certificate(s) of
Insurance, including general liability insurance, for bodily injury, death, property damage, and personal injury. All
Insurance Certificate(s) must name the City of Miami Beach as additional insured and policyholder.
INDEMNIFICATION: In consideration of the City's approval of this Permit, and the granting of the privilege herein,
Permittee waives all claims against the City of Miami Beach, its officers, agents and employees, for loss or damages
caused by, arising out of, or in any way connected with the granting of this Permit or of the Event. Permittee agrees to
indemnify, defend and hold harmless the City of Miami Beach, its officers, agents and employees, from any and all
alleged claims, loss, damage cr liability caused by, arising out of, or in any way connected with the granting of this
Permit or of the Event.
RISK: Permittee acknowledges that its use of any City of Miami Beach facilities and/or property for purposes of this
Permit and/or the Event, is at its own risk and expressly waives any right to make or prosecute claims or demands
against the City of Miami Beach for any loss, injury or damage which Permittee or its officers, agents, employees,
guests, invitees, and any other persons or entities related to or associated with the Permittee and/or Event may sustain
in the exercise of the permissions granted, or by reason of any defect, deficiency or impairment which may occur from
time to time from any cause or the utilities or other services furnished, or for any loss resulting from fire, water, wind,
civil commotion, riot, landslide, or acts of God. Permittee further understands and agrees that all City property and
facilities are offered in their 'as is' condition with no representation or warranty, express or implied.
REMOVAL OF MATERIAE: The Permittee shall clean up and restore the Event location and all City property and facilities
hereon and/or related hereto as they were prior to the Event taking place, including, but not limited to, the removal of
all temporary structures, equipment, trash and garbage removal, and any other restoration of City property and
facilities, as deemed necessary by the City. All such work shall be completed within the tlme specified in the Permit (i.e,
load-out date), unless the City agrees in writing, that this may be done at a later time. In the event the Permittee fails
to comply, the City of Miami Beach may remove and restore same, and Permittee shall pay any costs incurred.
Permittee agrees to pay the CiW of Miami Beach for damage to City of Miami Beach property and facilities resulting ftom
operations undertaken by Permittee.
VENUE: This Agreement shall be enforceable in Dade County, Florida, and if legal action is necessary by either party
with respect to the enforcement of any and all the terms or conditions herein, exclusive venue for the enforcement of
same shall lie in Dade County, Florida. CITY AND CONCESSIONAIRE HEREBY KNOWINGLY AND INTENTIONALLY WAIVE
THE RIGHT TO TRIAL BY ]URY IN ANY ACTION OR PROCEEOING THAT CIry AND CONCESSIONAIRE MAY HEREIN AFTER
INSTITUTE AGAINST EACH OTHER WITH RESPECT TO ANY MATTER ARISING OUT OF OR RELATED TO THIS AGREEMENT
oR THE CONCESSION AREA(S).
Commencement of activity under this permit by a permittee or its agents, employees or subcontractors
constitutes acceptance of the terms and conditions of this permit. The permittee shall further ensure that
all employees, sponsons and guests of the special event comply with the terms and conditions of this
permit. All activity under this permit shall also be in compliance with all applicable federal, state, county
and municipal laws. This permit may be revoked at any time.
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270
STATE OF FLORIDA
DEPARTMENT OF ENVIRONUENTAL PROTECTION
Division of Water Resource Management
2600 Blair Stone Road . Meil Statlon 3522
Tallahassee, Florida 32399-2400
(850) 24s,8336
PERMITNUMBER: DA-729
PERMIT-TEE
Ciry of Mianri Beach
c/o Maureen Luna
I0394 W, Sample Road
Coral Springs, F'lorida 33065
NOTICE TO PROCEED AND PERIvIIT FOR CONSTRUCTION OR OTHER ACTIVlTIES
PURSUANT TO SECTION I6I.053. FLORIDA STATUTES
FINDINGS OF FACT: An application for authorization to conduct the activities seaward of the coastal
construcrion conilol line that are indicated in the project description. rvas filed by the applicant/perntittee named
herein on Aprit2t.20l7, and was determined to be complete pursuant to rule on May 1,2017.
CONCLUSIONS OF LAW: After considering the merits of the proposal and an1 wrihen objections from
affected persons. the Department finds that upon compliance with the pennit conditions. the activities indicated
in the project description of this permit are of such a nature that they rvill result in no significant adverse intpacts
to the beacVdune areas or to adjacent propcrtics: that thc rvork is not expected to adversely irnpact nesting sea
rurtles. their hatchlings. or their habitat: that the rvork is expendable in nature and/or is appropriately designed
in accordance with Section 628-33.005, Florida Adrninistrative Code. Based on the folegoing considerations,
the Department approves the application: authoriz€s construction and/or activities at the location indicated below
in srrict accordance with the project description, the approved plans (if any) and the General Permit Conditions
*.hich are attached and are by this reference incorporated herein. and any additional conditions shown below.
pursuant to Section 161.053(4), Florida Statutes.
EXPIRATION DATE; May 31.2017
LOCA'I'ION: Between approximatell'271 feet and 484 feet south of the Department of Environmental
Protection's reference monument R-67, in Dade County. Project address: Lunrmus Park. 14'h Street and Oceau
Drive, MiamiBeach.
PROJECT DESCRIPTION:
The applicant/perminee is authorized to constuct pavilions for a special evenl (National Salute to America's
Heroes). The rotal event area is approxiruately 136.500 square feet, rvhich is fenced off. Confined ivithin this
area is the placement of appn-rximately 8,733 squ'are feet of ternporary tenl structures and approxirnately 7,200
square feet of a platform area, as shown. The project is to setup on May 22. 2017 with teardown and site
restoration to be coutpleted by May 3 I , 20 1 7. This project area is to be accessed through authorized access points.
only. Additionally. during show times security will direct pedestrian traffic to the existing fire lane.
SPECIAL PERMIT CONDITIONS:
i. Existing native beach and dune vegetation shall be disturbed only to the nrinintuni extent necessary' to
complete work within the authorized construction linrits.
271
PERMITTEE: City of MiamiBeach
PERMIT NUMBER: DA-729
PAGE 2
2.
3.
4.
All rubble and debris resulting from this construction shall be removed to a location landward of the
coastal construction control [ine.
No water from the structure or event area shall be allowed to run onto or across the beach.
All structures proposed to be constructed in marine turtle nesting habitat and left out overnight shall
have three (3) feet of vertical clearance beneath them, at least seven (7) feet of horizontal clearance
between the supporls where they rneet the beach, and shall be located as far landward as possible. Any
structures or materials not meeting tfiese criteria rnust be removed by sundown each day with the
exception of the proposed fences, fwo tents without floors or contents and portable toilets that are to be
located on the packed sand area near the vegetation line. All staging shall be off the beach. Storage of
event equipment and materials shall be offthe beach or in the stationary trucks and trailers on the packed
sand area near the vegetation line that are authorized in the permitted plans.
The use of heavy equipment is prohibited, and the use of street vehicles to transport even( equipment is
prohibited except on beaches where public beach driving is allowed by local ordinance. A lightweight,
ATV-type vehicle with I0 p.s.i. or less ground-to-tire pressure rnay be used for equipment transport if
allowed by local ordinance. Use of vehicles shall be minimized, and restricted to event set-up and break-
down.
In order to place structures on the beach. surveys for marine turtle nesting activity must be ongoing, and
have been conducted daily for 55 days previous to the event date or since the beginning of marine turtle
nesting season in accordance with the following couditious:
6.1. All nesting surveys shall be conducted by qualified persons who hold a valid marine turtle pennit
issued by the Florida Fish and Witdlife Conservation Comrnissiou (FWC) pursuarlt to Florida
Administrative Code Rule 68E- l . No materials or equipment may be set up on the beach until
the applicant has coordinated with the nrarine turtle permit holder.
6.2. It is the responsibility of the permittee to ensure that the project area and access sites are surveyed
daily for marine turtle nesting activity and all nests occurring in the project area are marked for
protection. The pennittee must arrange for a Marine Turtle Permit Holder who is duly authorized
to conduct activities on the beach through a valid permit issued by the FWC, pursuant to 68E- 1,
F.A.C., to conduct all nesting surveys and nest protection work and shall convey the following
requirements to the Marine Turtle Permit Holder who has agreed to conduct nest marking for
this activity.
6.3. Nest surveys shall be conducted daily between sunrise and 9 a.rn. during marine turtle nesting
season. No activity shall occur in any location prior to completion of the necessary marine turtle
nest survey and protection llreasures.
6.4. Nests deposited within the event area shall be marked and left in place unless natural factors
threaten the success of the nest. Any nests left in the event area shall be clearly marked, A circle
with a radius of ten ( l0) feet, centered at the clutch. shall be marked by stake and survey tape or
string. No activities shall enter this circle and no adjacent activities shall be allowed which might
directly or indirectly disturb the area within the staked circle.
No lighting associated with the event is authorized after 9;00 p.m. during the marine turtle nesting
season.
5,
6.
7.
272
PERMIT'|EE: City of Miami Beach
PERMIT NUMBER: DA-729
PAGE 3
t. No water from the structure or event area shall be allowed to run onto the beach where it could impact
adjacent sea turtle nests.
9. In the event an unmarked marine turtle nest is exposed. or a dead, injured, or sick marine turtle is
discovered during the event, the nrarine turtle permit holder shall be notified imnrediately such that
appropriate conservation rneasures can be taken. Within 24 hours of any such occurreuce, a report of the
incident shallbe sent to the FWC Imperiled Species Management Section at MarineTurtle@myfwc.com.
10. The permittee shall not disturb existing beach and dune topography. No excavation of sand landward of
ttle mean high water line is permitted. Any temporary minor disturbances in the sand (including ruts,
depressions, holes, or mounds) shall be filled in and raked smooth with hand tools each evening.
I I " All structures shall be removed no later than pcrmit expiration.
Gf, NERAL PERMIT CONDTTTONS
(l) The following general permit conditions shall apply, unless waived by the Department or modified by
the perrnit:
(a) The permittee shall carry out the construction or aclivity for which the permit was granted in accordance
with the plans and specifications that were approved by the Department as part of the permit. Deviations
therefrom, without written approval from the Department. shall be grounds for suspension of the work and
revocation of the permit pursuant to Section 120.60(7), F.S., and shall result in assessment of civil fines or
issuance of an order to alter or remove the unauthorized work, or both. No other construction or activities shall
be conducted. No modifications to project size, location, or structural design are authorized without prior written
approval from the Department. A copy ofthe notice to proceed shall be conspicuously displayed at the project
site. Approved plans shall be made available for inspection by a Department representative.
(b) The permittee shall conduct the construction or activity authorized under the permit using extreme care
to prevent any adverse impacts to the beach and dune system, marine turtles. their nests and habitat, or adjacent
property and structures.
(c) The permittee shall allow any duly identified and authorized member of the Department to enter upon
the prernises associated with the project authorized by the permit for the purpose of ascertaining compliance
with the terms of the permit and with the rules of the Department until all construction or activities authorized
or required in the perrnit have been completed and all project perfonnance reports, certifications, or other
documents are received by the Department and determined to be consistent with the permit and approved plans.
(d) The perminee shall hold and save the State of Florida, the Department, and its officers and employees
harmless from any darnage, no matter how occasioned and no matter what the amount, to persons or property
that might result from the construction or activity authorized under the permit and from any and all claims and
judgments resulting from such damage.
(e) The permittee shall allow the Department to use all records, notes, monitoring data, and other infonnation
relating to construction or any activity under the permit, which are submitted, for any purpose necessary except
where such use is otherwise specifically forbidden by law.
(f) Construction traffic shall not occur and building materials shall not be stored on vegetated areas seaward
of the control line unless specifically authorized by the permit. If the Department determines that this
requirement is not being met, positive control measur€s, such as temporary fencing, designated access roads,
adjustment of construction sequence, or other requirements, shall be provided by the permittee at the direction
of the Department. Temporary construction fencing shall not be sited within nrarine turtle nesting habitas.
(g) The permittee shall not disturb existing beach and dune topography and vegetation except as expressly
authorized in the pemtit. Before the project is considered complete. any disturbed topography or vegetation shall
be restored as prescribed in the permit with suitable fill material or revegetated with appropriate beach and dune
vegetation.
273
PERMITTEE; City of MiamiBeach
PERMITNUMBER: DA-729
PAGE 4
(h) All fill material placed seaward of the control line shall be sand which is similar to that already existing
on the site in both coloration and grain size. All such fill material shall be free of construction debris, rocks,
clay, or other foreign matter: shall be obtained from a source landward of the coastal construction control line;
and shall be free ofcoarse gravel or cobbles.
(i) If surplus sand fill results from any approved excavation seaward of the control [ine, such material shall
be distibuted seaward of the control line on the site, as directed by the Departrnent. unless otherwise specifically
authorized by the permit.
0) Any native salt-tolerant vegetation destroyed during construction shall be replaced with plants of the
same species or, by authorization of the Deparrnent, with other native salt-tolerant vegetation suitable for beach
and dune stabilization. Unless otherwise specifically authorized by the Department, all plants installed in beach
and coastal areas - whether to replace vegetation displaced, damaged, or destroyed during construction or
otherwise - shall be of species indigenous to Florida beaches and dunes, such as sea oats, sea grape, saw
palmetto, panic grass, saltmeadow hay cordgrass, seashore saltgrass, and railroad vine, and grown from stock
indigenous to the region in which the project is located.
(k) All topographic restoration and revegetation work is subject to approval by the Department, and the
status of restoration shall be reported as part of the final certification of the actual work performed.
(l) If not specifically authorized elsewhere in the permi! no operation, tansportation, or storage of
equipment or materials is authorized seaward of the dune crest or rigid coastal structure during the marine turtle
nesting season. The marine turtle nesting season is May I through October 3l in all counties except Brevard,
Indian River, St. Lucie, Martin, Palm Beach, and Broward counties where leatherback turtle nesting occurs
during the period of March I through October 3 l.
(m) If not specifically authorized elsewhere in the permit. no temporary tighting of the construction area is
authorized at any time during the marine turtle nesting season and no additional pennanent exterior lighting is
authorized.
(n) All windows and glass doors visible from any point on the beach must be tinted to a transmittance value
(light transmission from inside to outside) of 45% or less through the use of tinted glass or window film.
(o) The permit has been issued to a specified property owner and is not valid for any other person unless
formally transferred. An applicant requesting transfer of the permit shall sign two copies of the permit transfer
agreement form, agreeirlg to comply with all tenns and conditious of the permit, and retunt both copies to the
Department. The transfer request shall be provided on the form entitled ''Permit Transfer Agreement" - DEP
Form 73-103 (Revised l/04), which is hereby adopted and incorporated by reference, No work shall proceed
under the permit until the new owner has received a copy of the transfer agreement approved by the Department.
A copy of the transfer agreement shall be displayed on the construction site along with the permit. An expired
permit shall not be transfened.
(p) The permittee shall immediately inform the Department ofany change of mailing address of the permittee
and any authorized agent until all requirenrents of the permit are met.
(q) For permits involving major structures or activities, the permittee shall submit to the Department periodic
progress reports on a monthly basis beginning at the start of construction and continuing until all work has been
completed. If a permit involves either new annoring or major reconstruction of existing armoring, the reports
shall be certified by an engineer licensed in the State of Florida. The permittee or eugineer, as appropriate. shall
certif, that as of the date of each report all construction has been performed in compliance with the plans and
project description approved as a part of the permit and with all conditions of the perrnit, or shall specifo any
deviation from the plans, project description, or conditions of the permit. The report shall also state the percent
of completion of the project and each major individual conrponent. The reports shatl be provided to the
Department using the form entitled "Periodic Progress Report" - DEP Form 73-l I I (Revised 6i04), which is
hereby adopted and incorporated by reference. Pennits for minor structures or activities do not require submittal
of periodic reports unless required by special permit condition.
(r) For permits involving habitable major structures, all construction on the pemritted structure shall stop
when the foundation pilings have been installed. At that time the foundation location form shall be submined to
and accepted by the Department pricr to proceeding with further vertical construction above the foundation. The
274
PERMITTEE: City of Miami Beach
PERMIT NUMBER; DA-729
PAGE 5
fonn shall be signed by a professional surveyor, licensed pursuant to Chapter 4'72, F .5., and shall be based upon
such surveys performed in aecordance with Chapter 472, F.S., as are necessary to determine the actual
configuration and dimensioned relationship of the installed pilings to the control line. The information shall be
provided to the Department using the form entitled "Foundation Location Certification" - DEP Form 73-l l48
(Revised 9/05), which is hereby adopted and incorporated by reference. Phasing of foundation certifications is
acceptable. The Department shall notify the pennittee of approval or rejection of the fonn within seven (7)
working days after staffreceipt of the form. All survey information upon which the form is based shall be made
available to the Department upon request. Pennits for repairs or additions to existing structures with
nonconforming foundations are exempt from this condition.
(s) For permits involving major structures, the perminee shall provide the Department with a report by an
engineer or architect licensed in the State of Florida within thirty (30) days following completion of the work.
The report shall state that all locations specified by the permit have been verified and that other construction and
activities authorized by the permit have been performed in compliance with the plans and project description
approved as a part of the pennit and all conditions of the permit; or shall describe any deviations from the
approved plans, project description. or permit conditions, and any work not performed. Such report shall not
relieve the perminee of the provisions of paragraph 628-33.0155(lXa), F.A.C. If none of the pennitted work is
performed, the permittee shall inform the Department in writing no later than 30 days following expiration of
the permit. The report shall be provided on the form entitled "Final Certification" DEP Form 73- I l58 (Revised
9/05), which is hereby adopted and incorporated by reference.
(t) Authorization for construction of armoring or other rigid coastal stnrctures is based on an engineering
review and assessment of the design and anticipated performance and impact of the structure as a complete unit.
Construction of any less than the complete structure as approved by the Dcpa*ment is not authorized and shall
result in the assessment of an administrative fine and the issuance of an order to remove the partially constructed
structure. Modifications to the project size, location, or structural design shalt be authorized by the Department
in accordance with Rule 628-33.013, F.A.C.
(2) The perminee shall not commence any excavation, construction, or other physical activity on or
encroaching on the sovereignfy Iand of Florida seaward of the mean high water line or, if established, the erosion
control line until the permittee has received from the Board of Trustees of the Internal Improvement Trust Fund
the required lease, license, easernent, or other form ofconsent authorizing the proposed use.
(3) The permittee shall obtain any applicable licenses or permits required by Federal, state, county, or
municipal law.
(4) This permit does not authorize trespass onto other property.
(5) In the event of a conflict between a general permit condition and a special permit condition, the special
permit condition shall prevail.
(5) Copies of any forms referenced above can be obtained by writing to the Department of Environmental
Protection,2600 Blair Stone Road, MS 3522, Tallahassee, Florida 32399-240A, or by telephoning (850)245-
8336.
Approved plans are incorporated into this pennit by reference.
Executed in Tallahassee, Florida.
STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION
Celora Douse Jackson, Engineer IV
Coastal Construction Control Line Program
275
PERMITTEE: City of Miami Beach
PERMITNUMBER: DA-72e
PACE 6
CERTIFICATE OF SERVICE
The undersigned duly designated deputy clerk hereby' certifies that this permit and all copies were sent on lhe
filing date belorv to the follorving listed persons:
Graham W in ick, C ity of M iam i Beach, graham rvinick@ rn iarni beachfl .eov
Maureen Luna, Agent, maureen(Dusasalute.coB
Vanessa Domisch, DEP lleld staf{ Vanessa.donrisch@deo.state.tl.us
Ke ll ie Youmans, FWC, Kel I ie.Youmans@myfwc. coE
FILING AND ACKNOWLEDGMENT
FII-ED, on this date, pursuant to Section 120.52. F. S.. rvith the designatcd Departrnent Clerk. receipt of rvhich
is hereby acknowledged.
05n912017
Date
NOTICE OF RIGHTS
This action is finaland effective on the date filed with the Clerk of the Departnrent unless a petition for an
administrative hearing is timely filed under sections 120.559 and 120.57. Florida Statutes. before the deadline
for filing a petition. On the filing of a timely and suftrcient petition, this action will not be final and effective
until further order of the Departrnent. Because the administrative hearing process is designed to formulate final
agency action, the hearing process may result in a modification of the agency action or even denial of the
application.
Petition for Administrative Hearing
A person whose substantial interests are affected by the Departrnent's action nray petition for an adnrinistrative
proceeding(hearing)undersectiorrs 120.569 and 120.57, Florida Statutes. Pursuanttorule 28-106.201, Florida
Administrative Code, a petition for an administrativc hearing must contain the following information:
(a) The name and address ofeach agency affccted and cach agency's file or identification nunrber,
if known;
(b) The name, address, any e-mail address. any facsimile number. and telephone nurnber of the
petitioner, if the petitioner is not represented by an attorney or a qualified representative; the name. address. and
tclcphone number of the petitioner's representative. if any. rvhich shall be the address for serryice purposes during
the course of the proceeding: and an explanation of how the petitioner's substantial interests will be affected by
the agency determination;
(c) A statement of when and horv the petitioner received notice of the agency decision:(d) A strtement ofall disputed issues of rnaterial fact. If there are none, the petition must so indicate:(e) A concise statement of the ultimate facts alleged, including the specific facls that the petitioner
contends warrant reversal or modification of the agenc)''s proposed action:(f) A statenrent of the specific rules or statutes the petitioner contends require reversal or
modification of the agency's proposed action, including arr explanation of horv the alleged facts relate to t6e
specific rules or statutes; and(g) A statement of the relief sought by the petitioner, statillg precisely the action petitioner rvishes
the agency to take with respect to the agcncy's proposed action.
Clerk
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PERMITTEE: City of MiamiBeach
PERMITNUMBER: DA-729
PAGE 7
The petition must be filed (received by the Clerk) in the Office of General Counsel of the Department at 3900
Commonwealth Boulevard, Mail Station 35, Tallahassee, Florida 32399-3000. Also, a copy of the petition shall
be mailed to the applicant at the address indicated above at the time of filing.
Time Period for Filine a Petition
In accordance with rule 62-110.106(3), Florida Administrative Code, petitions for an administrative hearing by
the applicant must be filed within 2l days of receipt of this written notice, Petitions filed by any persons other
than the applicant, and other than those entitled to written notice under section 120.60(3), Florida Statutes, must
be fi led within 2 I days of publication of the notice or within 2 I days of receipt of the written notice, whichever
occurs first. Under section 120.60(3), Florida Statutes, however, any person who has asked the Department for
notice of ag€ncy action may file a petition within 2l days of receipt of such notice. regardless of the date of
publication. The failure to file a petition witlrin the appropriate time period shall constitute a waiver of that
person's right to request an administrative determination (hearing) under $ections 120.569 and 120.57, Florida
Statutes, or to intervene in this proceeding and participate as a party to it. Any subscquent intervention (in a
proceeding initiated by another pa4y) will be only at the discretion of the presiding officer upon the filing of a
motion in compliance with rule 28-106.205, Florida Adrninistrative Code.
Extension of Time
Under rule 52-l 10.106(4), Florida Administrative Code, a person whose substantial interests are affected by the
Department's action may also request an extension of time to file a petition for an administrative hearing, The
Department may, for good cause shown, grant the request for an extension of time. Requests for extension of
time must be filed with the Office of Ceneral Counsel of the Department at 3900 Comrnonwealth Boulevard,
Mail Station 35, Tallahassee, Florida 32399-3000. before the applicable deadline for filing a petition for an
administrative hearing. A timely request for extension of time shall toll the running of the time period for filing
a petition until the request is acted upon.
Mediation
Mediation is not available in this proceeding.
Judicial Review
Once this decision becomes final, any parfy to this action has the right to seek judicial review pursuant to section
120.68, Florida Statutes, by filing a Notice of Appeal pursuant to rules 9.110 and 9.190, Florida Rules of
Appellate Procedure, with the Clerk of the Department in the Office of General Counsel, 3900 Commonwealth
Boulevard, M.S. 35, Tallahassee, Florida 32399-3000; and by filing a copy ofthe Notice of Appeal accompanied
by the applicable filing fees with the appropriate Disrict Court of Appeal. The Notice of Appeal must be filed
within 30 days from the date this action is filed with the Clerk of the Department.
The Agency will not publish or require the person requesting a permit to publish in a newspaper a notice of
receipt of the permit application or notice of Agency action granting or denying the permit.
Persons receiving a permit are advised that interested parties who become aware of Agency action approving or
denying the permit, or who observe work on the pdect within certain time frames without any prior notice,
may have rights to petition for an administrative hearing under Chapter 120, F.S. For this reason, it may be in
the best interest of the person proposing the activity to publish, at its expense, a one-time "Notice of Permit
Issuance" in a newspaper of general circulation in the counly where the activity is located meeting the
requirements of Chapter 50, F.S. Agency staffcan provide persons with the information for such a notice upon
request. Persons who are substantially affected by the proposed action may petition for an administrative
hearing within the time frames spccified in the notice and Chapter 120, F.S.
277
SP=CIAL EVENTS PERM|T CONDITIONS !'32
'UIARINE
TURTLE PROTECTION
for 2017 Miomi Beoch Ak & Seo Show, Miomi-Dode County
The following conditions are required for the protection of marine turtles during the
marine turtle nesting season. The nesting season is March 1 - October 3l in Brevard,
Indian River, St. Lucie, Martin, Palm Beach, and Broward counties, and is May I -
October 3l in all other coastal counties in Florida.
l) All structures proposed to be constructed in marine turtle nesting habitat and left out
ovemight shall have tkee (3) feet of vertical clearance beneath them, at least seven
(7) feet of horizontal clearance between the supports where they meet the beach, and
shall be located as far landward as possible. Any structures or materials not meeting
these criteria must be removed by sundown each day with the exception of the
propmed fences, two tents without floors or contents and portable toilets that
are to be located on the packed sand area near the vegetation line. All staging
shall be offthe beach. Storage of event equipment and materials shall be off the
beach or in the stationary trucks and trailers on the packed sand area near the
vegetation line that are authorized in the permitted plans.
2) Theuse of heavy equipment is prohibited, and the use of street vehicles to transport
event equipment is prohibited except on beaches where public beach driving is
allowed by local ordinance. A lighmeight, ATV-type vehicle with 10 p.s.i. or less
ground-to+ire pressure may be used for equipment hansport if allowed by local
ordinance. Use of vehicles shall be minimized, and restricted to event set-up and
break-down.
3) In order to place structures on the beach, surveys for marine turtle nesting activity
must be ongoing, and have been conducted daily for 65 days previous to the event
date or since the beginning of marine turtle nesting season in accordance with the
following conditions:
a) All nesting surveys shall be conducted by qualified persons who hold a valid
marine turtle permit issued by the Florida Fish and Wildlife Conservation
Commission (FWC) pursuant to Florida Adminiskative Code Rule 68E-1. No
materials or equipment may be set up on the beach until the applicant has
coordinated with the marine turtle permit holder.
b) It is the responsibility of the permittee to ensure that the project area and access
sites are surveyed daily for marine turtle nesting activity and all nests occurring in
the project area are marked for protection. The permittee must arrange for a
Marine Turtle Permit Holder who is duly authorized to conduct activities on the
beach through a valid permit issued by the FWC, pursuant to 68E-1, F.A.C., to
conduct all nesting surveys and nest protection work and shall convey the
following requirements to the Marine Turtle Permit Holder who has agreed to
conduct nest marking for this activity.
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4)
5)
6)
SPECIAL EVENTS PERMIT CONDITIONS FOR JI4ARINE IURTLE PROTECTICN
for 2017 Miomi Beqch Air & Seq Show, Miomi-Dqde County
c) Nest surve)6 shall be conducted daily between sunrise and 9 a.m. during marine
turtle nesting season. No activity shall occur in any location prior to completion of
the necessary marine turtle nest survey and protection measures.
d) Ness deposited within the event area shall be marked and left in place unless
natural factors ttreaten the success ofthe nest. Any nests left in the event area
shall be clearly marked. A circle with a radius of ten (10) feet, centered at the
clutch, shall be marked by stake and survey tape or string. No activities shall enter
this circle and no adjacent activities shall be allowed which might directly or
indirectly disturb the area within the staked circle. During marine turtle hatching
season (July I - October 3t), no structures or materials which could impede the
progress of turtle hatchlings may remain seaward of a nest overnight
No lighting associated with the event is authorized after 9:00 p.m. during the marine
turtle nesting season.
No water from the structure or event area shall be allowed to run onto the beach
where it could impact adjacent sea turtle nests.
In the event an unmarked marine turtle nest is exposed, or a dead, injured, or sick
marine turtle is discovered during the event, the marine turtle permit hoider shall be
notified immediately such that appropriate conservation measures can be taken.
Within 24 hours of any such occurrence, a report of the incident shall be sent to the
FWC Imperiled Species Managernent Section at MarineTurtle@mvfivc.com.
The permittee shall not disturb existing beach and dune topography and vegetation.
No excavation of sand landward of the mean high water line is permitted. Any
temporary minor disturbances in the sand (including ruts, depressions, holes, or
mounds) shall be filled in and raked smooth with hand tools each evening.
7)
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