MCM Contract
00600. CONTRACT:
CONTRACT
THIS IS A CONTRACT, by and between the City of Miami Beach, a political
subdivision of the State of Florida, hereinafter referred to as CITY, and Maanum
Construction Manaaement CorD. d/b/a MCM CorD.. hereinafter referred to as
CONTRACTOR.
WIT N E SSE T H, that CONTRACTOR and CITY, for the considerations
hereinafter named, agree as follows:
ARTICLE 1
SCOPE OF WORK
CONTRACTOR hereby agrees to furnish all of the labor, materials, equipment
services and incidentals necessary to perform all of the work described in the Contract
Documents and related thereto for the Project.
ARTICLE 2
CONTRACT TIME
2.1 CONTRACTOR shall be instructed to commence the Work by written instructions
in the form of a Standing Order issued by the City's Procurement Director and a
Notice to Proceed issued by the Contract Administrator. Two (2) Notices to
Proceed will be issued for this Contract. CONTRACTOR shall commence
scheduling activities, permit applications and other preconstruction work within
five (5) calendar days after the Project Initiation Date, which shall be the same as
the date of the first Notice to Proceed. The first Notice to Proceed and Purchase
Order will not be issued until CONTRACTOR's submission to CITY of all required
documents(including but limited to: Payment and Performance Bonds, and
Insurance Certificate) and after execution of the Contract by both parties.
2.1.1. The receipt of all necessary permits by CONTRACTOR and acceptance
of the full progress schedule in accordance with technical specifications
section, submittal schedule and schedule of values is a condition
precedent to the issuance of a second Notice to Proceed to mobilize on
the Project site and commence with physical construction of the work.
The CONTRACTOR shall submit all necessary documents required by
this provision within twenty-one (21) calendar days of the issuance of
the first Notice to Proceed.
BID NO: 26-06/07 CITY OF MIAMI BEACH
DATE: 01/24/07 83
2.2 Time is of the essence throughout this Contract. This project shall be
substantially completed within five-hundred-forty-seven (547) calendar days
from the issuance of the second Notice to Proceed, and completed and ready for
final payment in accordance with Article 5 within thirty (30) calendar days from
the date certified by CONSULTANT as the date of Substantial Completion.
2.3 Upon failure of CONTRACTOR to substantially complete the Contract within the
specified period of time, plus approved time extensions, CONTRACTOR shall
pay to CITY the sum of One-Thousand Dollars ($1000.00) for each calendar
day after the time specified in Section 2.2 above, plus any approved time
extensions, for Substantial Completion. After Substantial Completion should
CONTRACTOR fail to complete the remaining work within the time specified in
Section 2.2 above, plus approved time extensions thereof, for completion and
readiness for final payment, CONTRACTOR shall pay to CITY the sum of One-
Thousand Dollars ($1000.00) for each calendar day after the time specified in
Section 2.2 above, plus any approved extensions, for completion and readiness
for final payment. These amounts are not penalties but are liquidated damages
to CITY for its inability to obtain full beneficial occupancy and/or use of the
Project. Liquidated damages are hereby fixed and agreed upon between the
parties, recognizing the impossibility of precisely ascertaining the amount of
damages that will be sustained by CITY as a consequence of such delay, and
both parties desiring to obviate any question of dispute concerning the amount of
said damages and the cost and effect of the failure of CONTRACTOR to
complete the Contract on time.
The above-stated liquidated damages shall apply separately to each portion of
the Project for which a time for completion is given.
2.4 CITY is authorized to deduct liquidated damages from monies due to
CONTRACTOR for the Work under this Contract or as much thereof as CITY
may, in its sole discretion, deem just and reasonable.
2.5 CONTRACTOR shall be responsible for reimbursing CITY, in addition to
liquidated damages, for all costs incurred by CONSULTANT in administering the
construction of the Project beyond the completion date specified above, plus
approved time extensions. CONSULTANT construction administration costs
shall be pursuant to the contract between CITY and CONSULTANT, a copy of
which is available upon request of the Contract Administrator. All such costs
shall be deducted from the monies due CONTRACTOR for performance of Work
under this Contract by means of unilateral credit change orders issued by CITY
as costs are incurred by CONSULTANT and agreed to by CITY.
BID NO: 26-06/07
DATE: 01/24/07
CITY OF MIAMI BEACH
84
ARTICLE 3
THE CONTRACT SUM
[] This is a Unit Price Contract:*
3.1 CITY shall pay to CONTRACTOR the amounts determined for the total number
of each of the units of work completed at the unit price stated in the schedule of
prices bid. The number of units contained in this schedule is an estimate only,
and final payment shall be made for the actual number of units incorporated in or
made necessary by the Work covered by the Contract Documents.
3.2 Payment shall be made at the unit prices applicable to each integral part of the
Work. These prices shall be full compensation for all costs, including overhead
and profit, associated with completion of all the Work in full conformity with the
requirements as stated or shown, or both, in the Contract Documents. The cost
of any item of work not covered by a definite Contract unit price shall be included
in the Contract unit price or lump sum price to which the item is most applicable.
[ X] This is a Lumo Sum Contract:*
3.1 CITY shall pay to CONTRACTOR for the performance of the Work described in
the Contract Documents, the total price stated as awarded.
3.2 Payment shall be at the lump sum price stated in the Contract. This price shall
be full compensation for all costs, including overhead and profit, associated with
completion of all the work in full conformity with the requirements as stated or
shown, or both, in the Contract Documents. The cost of any item of work not
covered by a definite Contract lump sum should be included in the lump sum
price to which the item is most applicable.
*Note: Some Projects include both unit prices and lump sums in which case both
sections shall apply to the Work identified for each type of Contract.
The CITY and the CONTRACTOR have negotiated the price for this CONTRACT as
follows:
Base Bid: J21.698.000
Alternates 1 and 2: }610.000
Demolition: J145.000
ARTICLE 4
PROGRESS PAYMENTS
4.1 CONTRACTOR may make Application for Payment for work completed during
the Project at intervals of not more than once a month. CONTRACTOR's
application shall show a complete breakdown of the Project components, the
quantities completed and the amount due, together with such supporting
evidence as may be required by CONSULTANT. CONTRACTOR shall include,
but same shall be limited to, at Consultant's discretion, with each Application for
Payment, an updated progress schedule acceptable to CONSULTANT as
BID NO: 26-06/07
DATE: 01/24/07
CITY OF MIAMI BEACH
85
required by the Contract Documents and a release of liens and consent of surety
relative to the work which is the subject of the Application. Each Application for
Payment shall be submitted in triplicate to CONSULTANT for approval. CITY
shall make payment to CONTRACTOR within thirty (30) days after approval by
CONSULTANT of CONTRACTOR's Application for Payment and submission of
an acceptable updated progress schedule.
4.2 Ten percent (10%) of all monies earned by CONTRACTOR shall be retained by
CITY until Final Completion and acceptance by CITY in accordance with Article 5
hereof, except that after ninety percent (90%) of the Work has been completed,
the Contract Administrator may reduce the retainage to five percent (5%) of all
monies previously earned and all monies earned thereafter. Any reduction in
retainage shall be in the sole discretion of the Contract Administrator, shall be
recommended by CONSULTANT and CONTRACTOR shall have no entitlement
to a reduction. Any interest earned on retainage shall accrue to the benefit of
CITY. All requests for retainage reduction shall be in writing in a separate stand
alone document.
4.3 CITY may withhold, in whole or in part, payment to such extent as may be
necessary to protect itself from loss on account of:
4.3.1 Defective work not remedied.
4.3.2 Claims filed or reasonable evidence indicating probable filing of claims
by other parties against CONTRACTOR or CITY because of
CONTRACTOR's performance.
4.3.3 Failure of CONTRACTOR to make payments properly to Subcontractors
or for material or labor.
4.3.4 Damage to another contractor not remedied.
4.3.5 Liquidated damages and costs incurred by CONSULTANT for extended
construction administration.
4.3.6 Failure of CONTRACTOR to provide any and all documents required by
the Contract Documents.
When the above grounds are removed or resolved satisfactory to the Contract
Administrator, payment shall be made in whole or in part.
BID NO: 26-06/07
DATE: 01/24/07
CITY OF MIAMI BEACH
86
ARTICLE 5
ACCEPTANCE AND FINAL PAYMENT
5.1 Upon receipt of written notice from CONTRACTOR that the Work is ready for
final inspection and acceptance, CONSULTANT shall, within ten (10) calendar
days, make an inspection thereof. If CONSULTANT and Contract Administrator
find the Work acceptable, the requisite documents have been submitted and the
requirements of the Contract Documents fully satisfied, and all conditions of the
permits and regulatory agencies have been met, a Final Certificate of Payment
(Form 00926) shall be issued by CONSULTANT, over its signature, stating that
the requirements of the Contract Documents have been performed and the Work
is ready for acceptance under the terms and conditions thereof.
5.2 Before issuance of the Final Certificate for Payment, CONTRACTOR shall
deliver to CONSULTANT a complete release of all liens arising out of this
Contract, receipts in full in lieu thereof; an affidavit certifying that all suppliers and
subcontractors have been paid in full and that all other indebtedness connected
with the Work has been paid, and a consent of the surety to final payment; the
final corrected as-built drawings; and the final bill of materials, if required, and
invoice.
5.3 If, after the Work has been substantially completed, full completion thereof is
materially delayed through no fault of CONTRACTOR, and CONSULTANT so
certifies, CITY shall, upon certificate of CONSULTANT, and without terminating
the Contract, make payment of the balance due for that portion of the Work fully
completed and accepted. Such payment shall be made under the terms and
conditions governing final payment, except that it shall not constitute a waiver of
claims.
5.4 Final payment shall be made only after the City Manager or his designee has
reviewed a written evaluation of the performance of CONTRACTOR prepared by
the Contract Administrator, and approved the final payment. The acceptance of
final payment shall constitute a waiver of all claims by CONTRACTOR, except
those previously made in strict accordance with the provisions of the General
Conditions and identified by CONTRACTOR as unsettled at the time of the
application for final payment.
ARTICLE 6
MISCELLANEOUS
6.1 This Contract is part of, and incorporated in, the Contract Documents as defined
herein. Accordingly, all of the documents incorporated by the Contract
Documents shall govern this Project.
BID NO: 26-06/07
DATE: 01/24/07
CITY OF MIAMI BEACH
87
6.2 Where there is a conflict between any provIsion set forth within the Contract
Documents and a more stringent state or federal provision which is applicable to
this Project, the more stringent state or federal provision shall prevail.
6.3 Public Entitv Crimes
In accordance with the Public Crimes Act, Section 287.133, Florida Statutes, a
person or affiliate who is a contractor, consultant or other provider, who has been
placed on the convicted vendor list following a conviction for a public entity crime
may not submit a bid on a contract to provide any goods or services to the CITY,
may not submit a bid on a contract with the CITY for the construction or repair of
a public building or public work, may not submit bids on leases of real property to
the CITY, may not be awarded or perform work as a contractor, supplier,
subcontractor, or consultant under a contract with the CITY, and may not
transact any business with the CITY in excess of the threshold amount provided
in Section 287.017, Florida Statutes, for category two purchases for a period of
36 months from the date of being placed on the convicted vendor list. Violation
of this section by Contractor shall result in cancellation of the CITY purchase and
may result in Contractor debarment.
6.4 Independent Contractor
CONTRACTOR is an independent contractor under this Contract. Services
provided by CONTRACTOR pursuant to this Contract shall be subject to the
supervision of CONTRACTOR. In providing such services, neither
CONTRACTOR nor its agents shall act as officers, employees, or agents of the
CITY. This Contract shall not constitute or make the parties a partnership or joint
venture.
6.5 Third Party Beneficiaries
Neither CONTRACTOR nor CITY intend to directly or substantially benefit a third
party by this Contract. Therefore, the parties agree that there are no third party
beneficiaries to this Contract and that no third party shall be entitled to assert a
claim against either of them based upon this Contract. The parties expressly
acknowledge that it is not their intent to create any rights or obligations in any
third person or entity under this Contract.
6.6 Notices
Whenever either party desires to give notice to the other, such notice must be in
writing, sent by certified United States Mail, postage prepaid, return receipt
requested, or by hand-delivery with a request for a written receipt of
acknowledgment of delivery, addressed to the party for whom it is intended at the
place last specified.
BID NO: 26-06/07
DATE: 01/24/07
CITY OF MIAMI BEACH
88
The place for giving notice shall remain the same as set forth herein until
changed in writing in the manner provided in this section. For the present, the
parties designate the following:
For CITY:
Procurement Division
1700 Convention Center Drive
Miami Beach. Florida 33139
Attn: Gus LODez. Procurement Director
With copies to:
City Attornev
City of Miami Beach
1700 Convention Center Drive
Miami Beach. Florida 33139
For Contractor:
Mr. Jorae Munilla
MCM CorD.
6201 SW 70th Street. 2nd Floor
Miami. Florida 33143
6.7 Assianment and Performance
Neither this Contract nor any interest herein shall be assigned, transferred, or
encumbered by either party. In addition, CONTRACTOR shall not subcontract
any portion of the work required by this Contract except as authorized by Section
27 of the General Conditions. CONTRACTOR represents that all persons
delivering the services required by this Contract have the knowledge and skills,
either by training, experience, education, or a combination thereof, to adequately
and competently perform the duties, obligations, and services set forth in the
Scope of Work and to provide and perform such services to CITY's satisfaction
for the agreed compensation.
CONTRACTOR shall perform its duties, obligations, and services under this
Contract in a skillful and respectable manner. The quality of CONTRACTOR's
performance and all interim and final product(s) provided to or on behalf of CITY
shall be comparable to the best local and national standards.
BID NO: 26-06/07
DATE: 01/24/07
CITY OF MIAMI BEACH
89
6.8 Materialitv and Waiver of Breach
CITY and CONTRACTOR agree that each requirement, duty, and obligation set
forth in these Contract Documents is substantial and important to the formation of
this Contract and, therefore, is a material term hereof.
CITY's failure to enforce any provision of this Contract shall not be deemed a
waiver of such provision or modification of this Contract. A waiver of any breach
of a provision of this Contract shall not be deemed a waiver of any subsequent
breach and shall not be construed to be a modification of the terms of this
Contract.
6.9 Severance
In the event a portion of this Contract is found by a court of competent jurisdiction
to be invalid, the remaining provisions shall continue to be effective unless CITY
or CONTRACTOR elects to terminate this Contract. An election to terminate this
Contract based upon this provision shall be made within seven (7) days after the
finding by the court becomes final.
6.10 Applicable Law and Venue
This Contract shall be enforceable in Miami-Dade County, Florida, and if legal
~ction is necessary by either party with respect to the enforcement of any or all of
the terms or conditions herein exclusive venue for the enforcement of same shall
lie in Miami-Dade County, Florida. By entering into this Contract,
CONTRACTOR and CITY hereby expressly waive any rights either party
may have to a trial by jury of any civil litigation related to, or arising out of
the Project. CONTRACTOR, shall specifically bind all subcontractors to the
provisions of this Contract.
6.11 Amendments
No modification, amendment, or alteration in the terms or conditions contained
herein shall be effective unless contained in a written document prepared with
the same or similar formality as this Contract and executed by the Board and
CONTRACTOR.
6.12 Prior Aoreements
This document incorporates and includes all prior negotiations, correspondence,
conversations, agreements, and understandings applicable to the matters
contained herein and the parties agree that there are no commitments,
agreements or understandings concerning the subject matter of this Contract that
are not contained in this document. Accordingly, the parties agree that no
deviation from the terms hereof shall be predicated upon any prior
BID NO: 26-06/07
DATE: 01/24/07
CITY OF MIAMI BEACH
90
representations or agreements, whether oral or written. It is further agreed that
no modification, amendment or alteration in the terms or conditions contained
herein shall be effective unless set forth in writing in accordance with Section
6.11 above.
IN WITNESS WHEREOF, the part' s ha
year first above written.
eir hands and seals the day and
F MIAMI BEACH
CONTRACTOR MUST EXECUTE THIS CONTRACT AS INDICATED BELOW. USE
CORPORATION OR NONCORPORATION FORMAT, AS APPLICABLE.
[If incorporated sign below.]
CONTRACTOR
By:
oration)
(Corporate Seal)
\ (I ure)
JUA~ t1UN\L\.-1+ -...I.H
(Print Name and Title)
~v~ day Of~, 20~.
[If not incorporated sign below.]
CONTRACTOR
WITNESSES:
(Name of Firm)
By:
(Signature)
(Print Name and Title)
_ day of
,20_
BID NO: 26-06/07
DATE: 01/24/07
CITY REQUIRES FOUR (4) FULLY-EXECUTED CONTRACTS, FOR ~~7RR6~6IR~TO
FORM & LANGUAGE
& FO ECUTION
- ~
~'~)rney~ Date
CITY OF MIAMI BEACH
91
00708. FORM CERTIFICATE OF INSURANCE
BID NO: 26-06/07
DATE: 01124/07
A form Certificate of Insurance will be attached here.
CITY OF MIAMI BEACH
92
00710. FORM OF PERFORMANCE BOND
BY THIS BOND, We , as
Principal, hereinafter called CONTRACTOR, and
, as Surety, are bound to the City of Miami
Beach, Florida, as Obligee, hereinafter called CITY, in the amount of
Dollars ($
) for the payment whereof
their heirs, executors, administrators,
CONTRACTOR and Surety bind themselves,
successors and assigns, jointly and severally.
WHEREAS, CONTRACTOR has by written agreement entered into a Contract,
Bid/Contract No.: awarded the day of
,20_, with CITY which Contract Documents are by reference
incorporated herein and made a part hereof, and specifically include provision for
liquidated damages, and other damages identified, and for the purposes of this Bond
are hereafter referred to as the "Contract";
THE CONDITION OF THIS BOND is that if CONTRACTOR:
1. Performs the Contract between CONTRACTOR and CITY for construction of
, the Contract being
made a part of this Bond by reference, at the times and in the manner prescribed
in the Contract; and
2. Pays CITY all losses, liquidated damages, expenses, costs and attorney's fees
including appellate proceedings, that CITY sustains as a result of default by
CONTRACTOR under the Contract; and
BID NO: 26-06/07
DATE: 01/24/07
CITY OF MIAMI BEACH
93
FORM OF PERFORMANCE BOND
(Continued)
3. Performs the guarantee of all work and materials furnished under the Contract for
the time specified in the Contract; then THIS BOND IS VOID, OTHERWISE IT
REMAINS IN FULL FORCE AND EFFECT.
Whenever CONTRACTOR shall be, and declared by CITY to be, in default under
the Contract, CITY having performed CITY obligations thereunder, the Surety
may promptly remedy the default, or shall promptly:
3.1. Complete the Project in accordance with the terms and conditions of the
Contract Documents; or
3.2. Obtain a bid or bids for completing the Project in accordance with the
terms and conditions of the Contract Documents, and upon
determination by Surety of the lowest responsible Bidder, or, if CITY
elects, upon determination by CITY and Surety jointly of the lowest
responsible Bidder, arrange for a contract between such Bidder and
CITY, and make available as work progresses (even though there
should be a default or a succession of defaults under the Contract or
Contracts of completion arranged under this paragraph) sufficient funds
to pay the cost of completion less the balance of the Contract Price; but
not exceeding, including other costs and damages for which the Surety
may be liable hereunder, the amount set forth in the first paragraph
hereof. The term "balance of the Contract Price," as used in this
paragraph, shall mean the total amount payable by CITY to
CONTRACTOR under the Contract and any amendments thereto, less
the amount properly paid by CITY to CONTRACTOR.
No right of action shall accrue on this bond to or for the use of any person or
corporation other than CITY named herein.
The Surety hereby waives notice of and agrees that any changes in or under the
Contract Documents and compliance or noncompliance with any formalities
connected with the Contract or the changes does not affect Surety's obligation
under this Bond.
Signed and sealed this
day of
,20
BID NO: 26-06/07
DATE: 01124/07
CITY OF MIAMI BEACH
94
FORM OF PERFORMANCE BOND
WITNESSES:
Secretary
(CORPORATE SEAL)
IN THE PRESENCE OF:
BID NO: 26-06/07
DATE: 01/24/07
(Continued)
(Name of Corporation)
By:
(Signature)
(Print Name and Title)
INSURANCE COMPANY:
By:
Agent and Attorney-in-Fact
Address:
(Street)
(City/State/Zip Code)
Telephone No.:
CITY OF MIAMI BEACH
95
00720. FORM OF PAYMENT BOND
BY THIS BOND, We
, as
Principal, hereinafter called CONTRACTOR, and
, as Surety, are bound to the City of Miami
Beach, Florida, as Obligee, hereinafter called CITY, in the amount of
Dollars ($
for the payment
whereof CONTRACTOR and Surety bind themselves, their heirs, executors,
administrators, successors and assigns, jointly and severally.
WHEREAS, CONTRACTOR has by written agreement entered into a Contract,
Bid/Contract No.: awarded the day of
,20_, with CITY which Contract Documents are by reference
incorporated herein and made a part hereof, and specifically include provision for
liquidated damages, and other damages identified, and for the purposes of this Bond
are hereafter referred to as the "Contract";
THE CONDITION OF THIS BOND is that if CONTRACTOR:
1. Pays CITY all losses, liquidated damages, expenses, costs and attorney's fees
including appellate proceedings, that CITY sustains because of default by
CONTRACTOR under the Contract; and
2. Promptly makes payments to all claimants as defined by Florida Statute
255.05(1) for all labor, materials and supplies used directly or indirectly by
CONTRACTOR in the performance of the Contract;
THEN CONTRACTOR'S OBLIGATION SHALL BE VOID; OTHERWISE, IT
SHALL REMAIN IN FULL FORCE AND EFFECT SUBJECT, HOWEVER, TO
THE FOLLOWING CONDITIONS:
2.1. A claimant, except a laborer, who is not in privity with CONTRACTOR
and who has not received payment for its labor, materials, or supplies
shall, within forty-five (45) days after beginning to furnish labor,
materials, or supplies for the prosecution of the work, furnish to
CONTRACTOR a notice that he intends to look to the bond for
protection.
BID NO: 26-06/07 CITY OF MIAMI BEACH
DATE: 01/24/07 96
FORM OF PAYMENT BOND
(Continued)
2.2. A claimant who is not in privity with CONTRACTOR and who has not
received payment for its labor, materials, or supplies shall, within ninety
(90) days after performance of the labor or after complete delivery of the
materials or supplies, deliver to CONTRACTOR and to the Surety,
written notice of the performance of the labor or delivery of the materials
or supplies and of the nonpayment.
2.3. No action for the labor, materials, or supplies may be instituted against
CONTRACTOR or the Surety unless the notices stated under the
preceding conditions (2.1) and (2.2) have been given.
2.4. Any action under this Bond must be instituted in accordance with the
Notice and Time Limitations provisions prescribed in Section 255.05(2),
Florida Statutes.
The Surety hereby waives notice of and agrees that any changes in or under the
Contract Documents and compliance or noncompliance with any formalities
connected with the Contract or the changes does not affect the Surety's
obligation under this Bond.
Signed and sealed this
day of
,20_.
CONTRACTOR
ATTEST:
(Name of Corporation)
By:
(Secretary)
(Signature)
(Corporate Seal)
(Print Name and Title)
_ day of
,20_.
BID NO: 26-06/07
DATE: 01124/07
CITY OF MIAMI BEACH
97
IN THE PRESENCE OF:
BID NO: 26-06/07
DATE: 01/24/07
INSURANCE COMPANY:
By:
Agent and Attorney-in-Fact
Address:
(Street)
(City/State/Zip Code)
Telephone No.:
CITY OF MIAMI BEACH
98
00721. CERTIFICATE AS TO CORPORATE PRINCIPAL
I, , certify that I am the
Secretary of the corporation named as Principal in the foregoing Performance and
Payment Bond (Performance Bond and Payment Bond); that
, who signed the Bond(s) on behalf of the Principal, was
then of said corporation; that I know his/her signature; and his/her
signature thereto is genuine; and that said Bond(s) was (were) duly signed, sealed and
attested to on behalf of said corporation by authority of its governing body.
(SEAL)
Secretary (on behalf of)
Corporation
STATE OF FLORIDA )
) SS
COUNTY OF MIAMI-DADE )
Before me, a Notary Public duly commissioned, qualified and acting personally,
appeared to me well known, who
being by me first duly sworn upon oath says that he/she has been authorized to execute
the foregoing Performance and Payment Bond (Performance Bond and Payment Bond)
on behalf of CONTRACTOR named therein in favor of CITY.
Subscribed and Sworn to before me this
,20 .
day of
My commission expires:
Notary Public, State of
Bonded
by
BID NO: 26-06/07
DATE: 01/24/07
CITY OF MIAMI BEACH
99
00735. PERFORMANCE AND PAYMENT GUARANTY FORM
UNCONDITIONAL LETTER OF CREDIT:
Date of Issue
Issuing Bank's No.
Beneficiary:
Applicant:
City of Miami Beach
1700 Convention Center Drive
Miami Beach, Florida 33139
Amount:
in United States Funds
Expiry:
(Date)
Bid/Contract Number
We hereby authorize you to draw on
(Bank, Issuer name)
at
by order
(branch address)
of and for the account of
(contractor, applicant, customer)
up to an aggregate amount, in United States Funds, of
by your drafts at sight, accompanied by:
available
1. A signed statement from the City Manager or his authorized designee, that the
drawing is due to default in performance of certain obligations on the part
(contractor, applicant, customer) agreed upon by and
between the City of Miami Beach, Florida and (contractor),
pursuant to the (applicant, customer) Bid/Contract No.
for (name of project) and Section 255.05, Florida
Statutes.
Drafts must be drawn and negotiated not later than
(expiration date)
BID NO: 26-06/07
DATE: 01124/07
CITY OF MIAMI BEACH
100
Drafts must bear the clause: "Drawn under Letter of Credit No.
(Number), of (Bank name) dated
This Letter of Credit shall be renewed for successive periods of one (1) year each
unless we provide the City of Miami Beach with written notice of our intent to terminate
the credit herein extended, which notice must be provided at least thirty (30) days prior
to the expiration date of the original term hereof or any renewed one (1) year term.
Notification to the CITY that this Letter of Credit will expire prior to performance of the
contractor's obligations will be deemed a default.
This Letter of Credit sets forth in full the terms of our undertaking, and such undertaking
shall not in any way be modified, or amplified by reference to any documents,
instrument, or agreement referred to herein or to which this Letter of Credit is referred or
this Letter of Credit relates, and any such reference shall not be deemed to incorporate
herein by reference any document, instrument, or agreement.
We hereby agree with the drawers, endorsers, and bona fide holders of all drafts drawn
under and in compliance with the terms of this credit that such drafts will be duly
honored upon presentation to the drawee.
Obligations under this Letter of Credit shall be released one (1) year after the Final
Completion of the Project by the
(contractor, applicant, customer)
This Credit is subject to the "Uniform Customs and Practice for Documentary Credits,"
International Chamber of Commerce (1993 revision), Publication No. 500 and to the
provisions of Florida law. If a conflict between the Uniform Customs and Practice for
Documentary Credits and Florida law should arise, Florida law shall prevail. If a conflict
between the law of another state or country and Florida law should arise, Florida law
shall prevail.
Authorized Signature
BID NO: 26-06/07
DATE: 01/24/07
CITY OF MIAMI BEACH
101
INVITATION TO BID
FOR CONSTRUCTION IMPROVEMENTS FOR THE CITY OF MIAMI
BEACH SOUTH POINTE PARK (SOUTH BEACH)
ITB # 26-06/07
BID OPENING: February 20, 2007
Gus lopez, CPPO, Procurement Director
PROCUREMENT DIVISION
1700 Convention Center Drive, Miami Beach, Fl 33139
www.miamibeachfl.gov
F: \PURC\$All \Romon \bids \07\itb-09-05-06.doc
(9 MIAMIBEACH
Commission Agenda and Approval
Afteraction
March 14, 2007
City of Miami Beach
10:52:42 a.m.
R2B Request For Approval To Award Of Contract Pursuant To Invitation To Bid (ITB) No. 26-06/07 For
Construction Services For The South Pointe Park Improvements Project; Accepting The City
Manager's Recommendation Relative To The Ranking Of Contractors, And Authorizing The
Administration To Enter Into Negotiations With The Top-Ranked Contractor A2. Group, Inc.; And Upon
Conclusion Of Successful Negotiations, Further Authorizing The Mayor And City Clerk To Execute An
Agreement With A2. Group, Inc., In The Estimated Amount Of $23,073,956; And Should The
Administration Not Be Able To Successfully Negotiate An Agreement With A2. Group, Inc., Authorizing
The Administration To Enter Into Negotiations With The Second Ranked Contractor MCM Corp.; And,
Upon Conclusion of Successful Negotiations, Further Authorizing The Mayor And City Clerk To
Execute An Agreement With MCM Corp., In The Estimated Amount Of $22,308,000; And Further
Appropriating Additional Funds, In The Amount Of $1 0,447,256 From The South Pointe Capital Fund
389 For The Additional Costs In Excess Of The Previously Appropriated Funds, Including Construction
Costs, Project Contingency, And Associated Soft Costs, Such As Art In Public Places (AIPP) Funding
Allocation, Construction Management Fees, And Estimated Additional AlE Construction Administration
Fees; And Further Authorizing The Administration To Reject All Bids In The Event That Successful
Negotiations Are Not Reached With The First or Second Ranked Contractor.
(Capital Improvement Projects)
ACTION: Award approved as amended; authorizing the Administration to enter into negotiations
with MCM Corp. Motion made by Commissioner Cruz; seconded by Commissioner Libbin; Ballot
vote: 5-2; Opposed: Mayor Dermer and Commissioner Gross. Patricia Walker to appropriate the
funds. Jorge Chartrand to handle.
Mayor Dermer asked the Administration to present this item.
Jorge Gonzalez, City Manager, presented background/history relative to the ITB, including the bid
protest and litigation by MCM against the City with regard to the prior Invitation to Bid for South Pointe
Park. He explained that the ITB was based on a "Best Value" procurement method, which means one
is not obligated to award to the lowest bidder. It also allows consideration of other items such as
qualifications, past performance, the phasing plan, Risk Assessment Plan, other past experience
(such as ability to meet projects on time and on budget) litigation history, and the types of projects they
have worked on and how relevant they are to the City's project. He stated that the Technical Review
Panel made the recommendation unanimously recommending A2. as the top ranked bidder. He also
stated that the Panel's decision considered similarity of previous projects, past history, phasing plan,
and price. He explained that while the base bid submitted by A2. exceeded MCM's by approximately
$800,000, there are credits built into the bid proposal of the company that, if the City accepts, will
reduce the price by up to $450,000.
Tim Hemstreet, Assistant City Manager (and member of the Technical Review Panel), further
explained the Technical Review Panel's findings, including the criteria and methodology considered for
such factors as past performance, timelines of projects, and litigation history.
Raul Aguila, First Assistant City Attorney, reported to the City Commission, as required by the City's
Bid Protest Ordinance, that there were four bid protests received from MCM, which were responded to
by the City. The protests and responses were given to the City Clerk for incorporation into the record.
There was an additional bid protest submitted this morning which the Legal Department deemed not
timely under the Bid Protest Ordinance, and which had not been responded to.
Stuart Sobel, Esq., representing A2., spoke.
Alberto G. Ribas, P.E., representing A2., made a presentation.
Discussion held during Mr. Ribas presentation, including the following questions/discussion by the
members of the City Commission (which were responded to by A2., and further clarified by the City
Prepared by the City Clerk's Office Page 20 of 38
M:\$CMB\CITYCLER\AFTERACT\2007\Afteractions\03142007\aa03142007 .doc
Afteraction
March 14, 2007
City of Miami Beach.
Administration, where requested):
1)
2)
3)
4)
Commissioner Bower - Which of A2's projects demonstrate A2's involvement as a general
contractor?
Commissioner Cruz - Same question. Additionally, what is the highest dollar ($) value project
that A2 has worked on as a general contractor?
Commissioner Gross - Technical question related to sand on serPentine walkway portion of
Project. Question regarding issue of A2's financial/bonding capability.
Commissioner Libbin - Requested A2 explain the issues/items addressed in A2's Risk
Assessment Plan. .
Pedro Munilla, representing MCM, made a presentation.
Discussion held during Mr. Munilla's presentation, including the following questions/discussion by the
members of the City Commission (which were responded to by MCM, and further clarified by the City
Administration, where requested):
1)
2)
3)
4)
Commissioner Cruz - Size/dollar value of projects by MCM. MCM's bonding capacity; net
worth.
Vice-Mayor G6naora - Requested examples of projects that MCM has completed similar to
proposed South Pointe Park Project.
Commissioner Libbin - Requested that MCM explain issues/items addressed in MCM's Risk
Assessment Plan.
Commissioner Gross - Number of projects MCM currently has in progress. Additionally, asked
MCM to clarify difference in price between its bid and A2's.
Juan Munilla, from MCM, spoke.
Commissioner Gross raised the issue of A2 and MCM's respective litigation history. MCM and A2
discussed past and current (active) litigation. City Administration presented its findings relative to
each firm's litigation history, which reported MCM as having approximately 89 different actions (going
back to 1979). A2 had three (3).
Discussion held regarding MCM's history of change orders on other projects, (references received on
MCM on a past project with the Coast Guard).
Motion made by Commissioner Gross to approve the City Manager's recommendation. No
second offered.
Motion made by Commissioner Cruz to approve award and authorize negotiations with MCM;
seconded by Commissioner Libbin.
Discussion held regarding Commissioner Cruz's motion.
Commissioner Gross stated he was concerned with MCM's litigation history. He also stated that he
felt it was a mistake for the City Commission to substitute its judgment for that of the Technical
Review Panel, which recommended A2.
Commissioner Cruz stated that, while he felt either MCM or A2 was comparable in terms of being able
to perform the work, his reason for recommending award to MCM was that it was a larger company,
and had demonstrated experience handling larger projects with higher dollar values. In looking at
MCM and A2's respective overall size and net worth, and scope and size of the projects
demonstrated, he was concerned that A2 had not done a project, where it had served as the general
contractor, of the size/estimated cost of the proposed South Pointe Park Project (whereas MCM had).
Additionally, Commissioner Cruz previously stated (during the earlier discussion pertaining to each
Prepared by the City Clerk's Office Page 21 of 38
M:\$CMB\CITYCLER\AFTERACT\2007\Afteractions\03142007\aa03142007 .doc
Afteraction
March 14, 2007
City of Miami Beach
firm's respective litigation history) that a company of MCM's size is invariably going to have litigation;
the principal issue for him was that the company demonstrates sufficient assets and capabilities that
it's not going to go into bankruptcy while the Project's underway.
Commissioner Gross stated that, as A2 has demonstrated that it has sufficient bonding capability to
meet the requirements of the Project, he is not concerned that they may not be as "large" a company
as MCM.
Commissioner Libbin stated that he felt MCM had more overall experience. He also stated that a
company of MCM's size would probably have more of a history of litigation. With regard to the
Technical Review Panel's recommendation, Commissioner Libbin, after reviewing the member's
individual evaluation forms, noted that there was not a significant "point spread," so that he did not
believe there was an overwhelming difference between A2 (as the first ranked by the Panel) and
MCM. Additionally, given the issues raised by MCM and A2 in their respective Risk Assessment
Plans, he did not feel that there was a significant issue/cost concerned raised there, which would
compel going with A2; particularly given MCM's lower bid.
Commissioner Steinberg asked what would happen to the current/pending litigation filed by MCM
against the City. Mr. Munilla represented that it would be dismissed this afternoon. The City Attomey,
Jose Smith, clarified that the action should be dismissed, with prejudice.
Mayor Dermer stated that he did not find there was truly compelling evidence to overturn the City
Manager's recommendation.
Commissioner Cruz called the question; Voice vote: 5 - 2; Opposed: Mayor Dermer and
Commissioner Gross.
Handout or Reference Materials
1. A2 Group - Color photos of some of their projects
2. Email fromPedroMunilla.MCMCorp.toJorgeGonzalez.CityManager.datedMarch8.2007.RE: 2-14-07
response to Mr. Martinez - second clarification.doc
3. Letter from Pedro Munilla, MCM Corp, to Jorge Gonzalez, City Manager, dated March 8, 2007, RE: Protest
- South Pointe Park Bid
4. Letter from Gus Lopez, Procurement Director, to Pedro Munilla, MCM Corp., dated March 7,2007, RE: City
of Miami Beach's Response to MCM Corp. (MCM) Bid Protest, dated February 21,2007, on Invitation to
Bid No. 26-06/07 (ITB #26-06/07 or the ITB).
5. Letter from Pedro Munilla, MCM Corp, to Board of City Commissioners, City of Miami Beach, dated March
13,2007, RE: Item R2B --- The South Pointe Improvements Project (ITB) No. 26-06/07 follow up letter to
our March 12th Request that Project be awarded to MCM Corp
6. Letter from Gus Lopez, Procurement Director, to Pedro Munilla, MCM Corp., dated March 13,2007, RE:
City of Miami Beach's Response to MCM Corp. (MCM) Bid Protest, dated February 14,2007, on Invitation
to Bid No. 26-06/07 (ITB #26-06/07 or the ITB).
7. Letter from Gus Lopez, Procurement Director, to Pedro Munilla, MCM Corp, dated February 7,2007, RE:
Invitation to Bid No. 26-06/07 for Construction Improvements for the City of Miami Beach South Pointe
Park (ITB #26-06/07 or the ITB).
8. Email from Jim Yowan dated March 13, 2007 RE: Confirmation of partnership between Mortenson
Company and A2.
9. Email from Pedro Munilla dated March 12, 2007 re: South Pointe Park Project and Presentation on DVD
attached.
10. Ballot vote.
R5 - Ordinances
10:34:24 a.m.
Prepared by the City Clerk's Office Page 22 of 38
M:\$CMB\CITYCLER\AFTERACT\2007\Afteractions\03142007\aa03142007 .doc
Addendums 1 through 7
e MIAMIBEACH
City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.gov
PROCUREMENT Division
Tel: 305-673-7490, Fax: 305-673.7851
INVITATION TO BID (ITB) NO. 26-06/07
ADDENDUM NO.1
January 25, 2007
FOR CONSTRUCTION IMPROVEMENTS FOR THE CITY OF MIAMI BEACH SOUTH POINTE
PARK (SOUTH BEACH) is amended as follows:
I. Attached to this Addendum please find amended page 7 of the bid document. Paragraph
four of page 7 has been deleted, please replace page 7 of the bid document with this
amended page 7.
II. Attached to this Addendum are all amendments, clarifications, questions and answers in
reference to the previous ITB-09-06/07 for South Pointe Park Improvements.
All plans and/or specifications that were amended as part of the previous bid ITB-09-06/07
are provided either within this Addendum or as Attachments in the bid Advertisement
which may be downloaded from RFP Depot or BidNet.
Bidders are advised to acknowledge this Addendum on ITB document Page 159, "Acknowledgement
of Addenda", or the bid may be considered non-responsive.
CITY OF MIAMI BEACH
Gus Lopez, CPPO
Procurement Director
rm
F:\PURC\$ALL\Roman\bids\07\ITB-26-06-07\itb-26-06-07 A 1.doc
We are committed to providing excel/en/ public service and safety to all who live, work, and play in our vibrant, tropical, historic community.
· Shade structures near pavilion building
· A new parking lot
· Walkways throughout the site composed of concrete, concrete pavers, rubber
play surfacing and crushed coquina.
· A new "Cut" walk, 20' wide and elevated 15" with keystone and exposed shell
colored concrete materials. Sloped walkways and stairs occur within Cut Walk.
· Lighting throughout, including custom pylon lights along Cut Walk
· Fountain water feature at Washington Avenue entrance
· Custom play equipment and splash play area near pavilion building
· Furnishings including metal and precast benches, signage, trash receptacles,
beach shower, water fountains, and dog waste bag receptacles.
· Planting including new trees, planting and sod, a one acre native dune planting
area, and transplanted trees
· Irrigation system
· South patio and north entrance improvements at Smith and Wollensky
Restaurant. Restaurant to remain open during the construction period.
· Existing sea wall/ rip rap at Government Cut to remain in its current location.
· "Drift" artwork foundations and utility requirements
· Additional alternate- Parking lot revision
· Additional alternate- Right of Way extension
Estimated Construction Budget: $15,000,000. The City reserves the right to provide
for additional funding should the construction estimate be exceeded.
Minimum Requirements: Bidder (Business Entity) must be licensed as a General
Contractor in the state of Florida with a minimum of five (5) years experience as a
General Contractor. Bidder to provide a minimum of three (3) sample projects
completed within the past ten (10) years, with a minimum of five (5) million dollars
in construction cost.
ANY BID(S) RECEIVED AFTER 3:00P.M. ON FEBRUARY 20,2007, WILL NOT BE
CONSIDERED AND WILL BE RETURNED TO THE BIDDER UNOPENED. THE
RESPONSIBILITY FOR SUBMITTING THE SUBMITTAL PACKAGE BEFORE THE
STATED TIME AND DATE IS SOLELY AND STRICTLY THE RESPONSIBILITY OF
THE BIDDER. THE CITY IS NOT RESPONSIBLE FOR DELAYS CAUSED BY MAIL,
COURIER SERVICE, INCLUDING U.S. MAIL, OR ANY OTHER OCCURRENCE.
A Pre-Bid Conference is scheduled for 10:00 a.m. on February 6, 2006 at the
following address: City of Miami Beach, City Hall - City Manager's Large
Conference Room, 1700 Convention Center Drive, Miami Beach, Florida.
Attendance (in person or via telephone) to this Pre-Bid submission meeting is
encouraged and recommended as a source of information but is not mandatory.
BID NO: 26-06/07
DATE: 01/24/07
CITY OF MIAMI BEACH I Amended page 7, Addendum No.1 I
7
The following document was part of Addendum NO.3 for ITB-09-06 for the
Construction Improvements to South Pointe Park. Please note that only the
items that are relevant to ITB-26-06/07 are provided.
II. There are 19 drawings that have been amended as per of the latest revision (dated 9/8/06)
by the City's Consultant Hargreaves Associates. The lists of these drawings are as
follows:
Drawina No.
Title
E-402
E-404
E-405
E-501
F-001
F-101
F-401
F-402
F-403
M-OOO
M-402
P-OOO
P-401
P-402
P-403
P-501
P-502
P-503
P-601
Lighting floor plan pavilion building
Electrical floor plans - vehicle storage building
Electrical roof plan - vehicle storage building
Electrical risers and panels
Fire protection general notes, legend, schedule and details
Site plan area B
Fire protection floor plan pavilion building
Fire protection floor plan vehicle storage building
Fire protection roof plan - pavilion building
HVAC, general notes, legend and schedules
HVAC floor plan - vehicle storage building
Plumbing general notes legend and schedules
Plumbing floor plan - pavilion building
Plumbing floor plan - vehicle storage building
Plumbing roof plan - pavilion building
Plumbing risers
Plumbing risers
Plumbing risers
Plumbing details
These amended drawings can be obtained through T-Square Miami, please contact T-
Square at 305-324-1234 Ext. 206. Please use the same order form found on page 11 of the
original bid document to obtain copies of amended drawings.
In addition, attached to this addendum please find twenty (20)- 8.5 x 11 labeled exhibit "A"
which are drawings of amended sections of the exiting plan set.
III. The original Technical Specifications did not include Division 1. Attached please find
Division 1 Technical Specifications labeled' Exhibit "B" for the South Pointe Park
Construction Improvement Project.
IV. The Project Construction Sign specified in the invitation to bid originally not included
on this contract shall be provided by the bidder of this bid (refer to page 13 of the ITB
document). Attached please find representative sample of the Project Construction Sign
labeled Exhibit "C". The location of the sign shall be coordinated with the City prior to
installation. Signage must be reviewed by the city prior to its fabrication.
IX. Clarifications:
1. The demolition of existing structures as stated on page 13 of the bid document are
identified and circled in the attached image pdf file labeled Exhibit "0" sent in this
Addendum for bidder's reference.
2. Bidders are to submit their price proposal in a sealed envelope; company is permitted
to label the sealed price envelope with the company's name.
3. The Risk Assessment Plan (RAP) is to be submitted in a sealed envelope, and you
may label the envelope with you company's name. Reminder; the "RAP" DOCUMENT
MUST NOT HAVE ANY INDICATION OR REFERENCE OF YOUR COMPANY. Please
submit 1 original and 10 copies of your RAP.
X. The following are questions and answers to questions from prospective bidders.
Q. Is the art piece and the foundation part of the work to be provided by the selected contractor?
A. No. The art piece is not part of this contract, only the foundation and related support
system of the art piece is the responsibility of the selected contractor.
Q. Can the quality control plan be submitted as part of the RAP?
A. The RAP is meant to be a summarized list of potential Risks that may impact the project.
We recommend that if your company wants to submit a Quality ControlPlan (QC Plan)
that you provide this documentation separately from the RAP. You may reference the
QA Plan in your RAP, especially items that may add value to the contract.
The following are changes to 26 May 2006 100% CD set:
A. ARCHITECTURE
1. The Architect intends to have a third party review waterproofing system but is not able to
provide potential changes at this point.
2. The Architect is reviewing the attachment method of the stone veneer but is not able to provide
information on potential changes at this point.
3. Detail 1/ A 104- The garbage room wall at the Storage building has changed. See attachment 1
4. Detail 6/ L302 See attachments 2
5. Schedule on A602- shower seat added. See attachment 3
6. The Wall types on A 303 have been modified. See attachments 4, 5 and 6
B. SITE
1.
2.
3.
Detail 3/ L 503- Remove l' wide concrete seat wall and replace with three Socrates benches See
attachment 7
Detail 3/ L 503- Add stainless steel handrail at 2 ADA seats See attachment 7
Details 1,2 and 3/ L516- a metal back has been added to the bench at playground See
attachments 8,9, and 10
C. STRUCTU RAL
Pavilion
1. 51 O1-Tie Columns TC-l, TC-2, TC-3 and TC-4 has been added. See attachment 11
2. The Pavilion Bridge reinforcement has been changed to #4 @ 12" bottom main reinf. W /#4@
18" temp reinf. See attachment 12 and 14
3. Bridge support spacing has been reduced from 12'-0" to 10'-0". See attachment 12
4. The spacing of the 8"x8"xl0" concrete blocks is reduced from 12'-0" to 9'-0". See attachment
13
5. The supporting concrete blocks layout for the roof deck has been rearranged. Bridge support
spacing has been reduced from 12'-0" to 10'-0". See attachment 14
6. Section 1 0, 11, 12/ 5501 Cantilevers on have been reduced to 4" from 2'-2". See attachment 14
7. Section 2/5102, 7/S501- The perimeter the roof decking is supported by the 3"x6" nailer & kwik
bolt II. Expansion anchor @ 24" c.c. See attachment 15 and 16
Storage
1. Sl03-Tie Columns TC-l, TC-2 has been added. See attachment 11
2. 5-601- Tie Column Schedule has been added See attachment 11
3. The garage roof reinforcement has been changed to #4@6" bottom main reinf. and #4@18"
temp reinf. See attachment 17
4. 1/5503,3/5503, and 4/5503- Weep holes have been provided for additional drainage for the
retaining walls on sections. See attachment 18
5. Section 4/5-503- 6x6x3/8" ANGLE. See attachment 18 and 19
Site
1. 5-502 New Baywalk section has been modified. See attachment 20
D. ELECTRICAL
1. Add 20A, 1 P circuit for DFCU-3 in room 156 on page E-404.
2. Move DFCU-2 to room 152 and add connectivity to fan in room 151 on page E-404.
3. Move DCU-2 from page E-404 to roof on page E-405.
4. Add DCU-2 and DCU-3 on roof on page E-405.
5. Add WP Duplex receptacle on circuit lA-27 at each condensing unit location and bond
condensing unit to lightning protection system.
6. Change grounding electrode conductors on page E-501.
7. Add 20A, 1 P circuit in panel 1 A for DCU-3 on page E-S01.
See revised Sheets E 402, E404, E40S, ESOl
E. PLUMBING
1. Sanitary vent-thru-roof relocations due to roof deck use.
2. Added emergency roof overflow scuppers.
3. Increase Service Sink waste pipe to 3".
4. Revise water pipe sizing in Men's & Women's Restroom for flush valves.
S. Clarify Roof Drain Rain Water Leader slopes.
6. Add sanitary vents for Showers and Toilets in Men's & Women's Locker Rooms.
7. Relocate ductless fan coil unit DFCU-2 and associated condensate drain from Shop Area to
TelCom Room.
8. Add condensate drain for ductless fan coil unit DFCU-3 serving Garbage Room.
See revised Sheets POOO, P401, P402, P403, PS01, PS02, PS03, P601
F. MECHANICAL
1. Add ventilation fan EF-S in Shop Area.
2. Add ductless fan coil/condensing unit DFCU-3/DCU-3 to air condition the Garbage Room.
3. Relocate ductless fan coil unit DFCU-2 from Shop Area to TelCom Room.
4. Relocate condensing unit DCU-2 to roof.
See revised Sheets MOOO, M402
G. FIRE
1. Add Fire Hydrant Flow Test Data.
2. Clarify Fire Protection System Design Criteria.
3. Revise Automatic Sprinkler Zone Control Valve Assembly Detail to show 4-inch riser.
4. Show location of Backflow Preventers to correspond with Civil Engineering Drawings.
S. Add fire sprinkler heads in Mechanical Rooms 111 and 119 and Concession 107.
6. Relocate Vehicle Storage Building Fire Main riser location to west end of building.
7. Add fire sprinklers in Pavilion roof storage elements.
See revised Sheets FOOl, Fl 01, F401, F402, F403
H.CIVIL
1. Revised C-1 01 and C-1 02. Changed al11 5" diameter drainage pipes to a minimum 18"
diameter pipe. Approx. 20 pipes were changed.
2. Revised C-101 and C-1 02. Add 1 additional Type "D-3" drainage concrete catch basin with
grate.
3. The capacity of the drainage wells has changed from 800 gpm to 1000 gpm.
I. LAN DSCAPE
1. An arborist that is ISA certified is required in all tree relocation work and review of plantings by
landscape contractor.
J. OTHER
1. All sand fill material seaward of the coastal construction control line (CCCL) shall be obtained
from a source landward of the CCCL line and shall consist of sand which is similar to that
already on site in both grain size and coloration. This fill material shall be free of construction
debris, rocks, or other foreign matter. Sand must be approved by the Florida Department of
Environmental Protection.
1
/'
/
/@
b====j
'.~
,-fE:
r
- TT~;
I ~
STORAGE
11551
@
----
---+
------,
10'..()" I
I
I
GARBAGE I
11561 I
~-------
@
-z-a- fr..()"
15'~-
VrEH~ClUJLAR SnrORAGrE
IPAR1r~Al flOOR IPlAN
EB
SCALE: 1/4- = 1'-cr
SOUTH POINTE PARK Miami Beach, FL
ADDENDUM 1 01 NOVEMBER 2006
H8rgreavee & A880cIateB I WHIam Lane Architect - corllIIJtant
__ DIdI
1 ...... MClWIE OIJIZ.OI
2 ilia CllIlBIIIUCIIlIIlDC. 04.27.oe
a 1... CllIlBIIIUCIIlIIlDC. 0I.2I.CII
4 AIlIlBlIUI 1 11.Q2.Ol1
~
r-,-...,....,--..,-...r-,-.."..........,.......,--..."--..~,,.--.,.,.........___
r r S.S. SCREW ON PREDRlLlED HOLE
\. -PLUG WI MA1ERIAL & FINISH TO MATCH DECK )
'--' -----" -A.--'''-'''---' -....../ -'" -'-....-. (TYP.)
11.02.08~ rr-r-r-, '-,-- ~
, ~.D' \ _ _~...J -.J
11.02.08~ ~...I
$ + 11.21'
MAW
-..
,---
,
--..
-----
-----------r-
P.T. LEDGER "'
-REFER TO "'
_STRUCTURAL _ ......,,,___
\..... BENTONITE W:rERSTOP ~
'-~ )
'"""--" "--' '-" '--" -../ ..J
11.1I2.08~
r.,...... r--r-.,-.....,--...,,-...,-...,.-...,.....,-.. r---,,-..
( 8"x18"x1'SHELLAGGREGATEVENEER~"
\. ATTACHED TO 8" CMU
WI CEMENTlTlOUS EPOXY
\... SYSTEM AND GALV. Mn. TIES
\...
\.. 8" C.M.U. WI HORIZONTAL LADDER
( TYPE REINFORCMENT AND )
f GALV. Mn. TIES FOR;~./
( 100% ACRYLIC ~!!'p~PAlNT ON
'--y~ PORl1.AND CEMENT
11.02.08~ STUCCO ON C1P CONCRETE
CONSTRlJCTION
~
..
Tl.E OVER
t GYPSUM BOARD ON 1~'
Z CHANNEL 0 18" O.C.
WITH R-6 RIGID INSULATION
BETWEEN Z FURRING
TO EXTEND FROM FLOOR
SLAB TO UNDERSIDE OF
______ CONe. DECK, TYP.
/" ......,-......,--...,r--.,-....r--r--
r 4" CONCRETE SLAB
( ON 8 MIL POLYE1lM.ENE CONT. ~
\.. VAPOR RETARDER .J
y--'--../--'/---....'-"""'/---'-"'--"--"
11.1I2.08~
~
~
..
Jr'r-~"" --=11 - Jl
[J~~~l 111111111
11.02.08&'-''___'''-'''---'----') ~m II
--=111
II
~ =~~~~ WAll SrEC1r~ON
SOUTH POINTE PARK Miami Beach, FL
ADDENDUM 1 01 NOVEMBER 2006
Hargreaves & Associates / William Lane Architect - consultant
2
Issue IDate
1 PRICING PACKNlE 03.02.08
2 ~ CON8'TRUCT1ON DOC. 04.27.08
3 lOOl6 CClN8TRUCTlON DOC. 05.28.08
4 AIlIlBIlUM 1 11.02.08
09.12.08
BATHROOM ACCESSORY SCHEDULE
REFERENCE DESCRlPTlON
BA-100 TP HOLDER
BA- 01 GRAS BAR
BA-102 HAND DRYER
BA-103 TOWEL DISPENSER AND WASTE RECEPTACLE
BA-104 SOAP DISPENSER
BA-105 SANITARY NAPKING DISPOSAL
BABY CHANGING STAllON
MIRROR
CURTAIN ROD
MIRROR- CUSTOM SIZED TO FIT
ROBE
BA- R SEAT 81 LOCAlCD IN ROOMS 105 AND 108
..........,---"--"'-'-..../-./.........,.,....../--''-''''-''^-''''-'--'--''-''--'--'''-'-/''-''~-....../'--'--'---'......J---'-../--'--'--''-./~--'-''--'--'--'--'---'--'
BA-107
BA-108
BA-108
MANUFACTllRER
BOBRJCK
BOBRlCK
BOBRlCK
BOBRJCK
BOBRJCK
BOBRJCK
BRADLEY
BOBRJCK
BOBRlCK
1BD
SOUTH POINTE PARK Miami Beach, FL
ADDENDUM 1 01 NOVEMBER 2006
Hargreaves & Associates I William Lane Architect - consultant
MODEL NUMBER
B-42lIll
B-8808
8-708
B-3lI44
8-2112
B-2!I4
8811
8-185 1830
B-207
REMARKS
LOCAlCD IN 105 108114 115AND 117
LOCAlCDINROOMS105 108114 116AND117
LOCAlCD IN ROOMS 115AND 117
L :reD IN 1 1 114 115 117
LOCAlCD IN ROOMS 105 108114 116AND117
LOCATED IN ROOMS 105 114 AND 117
L :rED IN 1 1 114 115 D 117
LOCAlCD IN ROOMS 105 108114 116AND117
LOCAlCD IN ROOMS 105 108
105 108 116 AND 117
3
Issue Date
PRICING PACKAGE 03.02.08
2 lIO'llo 00NBTRUC1I0N DOC. 04.27.08
3 11lD1o CONSTRUC'TlDN DOC. 05.28.08
4 AIlDENIlUM 1 11.02.08
4
8-
PlASTER APPLIED
TO CMU BLOCK.
U.N.O.
rf"'~~~~~~~~~~f"'~
( , 8 WAll1YPIE Ul NO. U905 1 .20.06
~ scale: N.Y.5. ~
~~~~~~~~~~~~
.... DIll
SOUTH POINTE PARK Miami Beach. FL
ADDENDUM 1 01 NOVEMBER 2008
.....,..". . A8IocIll.. I WIIIm Larw Ard1II8ot - CClrldIII1I
1....._ ....
2 _~IIOQ. our..
'. _~IICIC. ....
4 _t 11....
5
4-
eMU BLOCK
(.~8~~~~~~~~~~~~
w-a scale: N.T.5. )
'\...~~~~,---,,~,---,,~~~~y~~~
~06.20.06
....
DIll
....
our..
....
11....
SOUTH POINTE PARK Miami Beach. FL
ADDENDUM 1 01 NOVEMBER 2008
.......,.. . AIIooIatiIII WIIIm .... Ard1II8ct - caraA8nt
1 ..........
I _ClGNIIlUmllIIIIOQ.
. _ClGNIIlUmllIIIIOQ.
4 _1
I 6
71.
-I it r
A
I~JI v .
= .
t".;= 8" METAL STUDS
t~
PLAN ~ '. . 18" O.C. (TYPICAL)
:.~
~ "1
~ ..
r';' :.: .. GYPSUM BOARD
R ,
H ~~
.. ^ EACH SIDE
v
(~~~~~~~~~~~~~~~~
8 WAll TYPE: '1
( WJd scale: N.T.$. )
~~~~~~~~~~~
, 06.20.06
.... DIll
SOUTH POINTE PARK Miami Beach, FL 1 .......... -
ADDENDUM 1 01 NOVEMBER 2008 Z _0GIIIIIIlmlIII1llIC. our..
.......,... . AI8ocII18e I WIIIm ..... ArchII80t - cond8nt a _0GIIIIIIlmlIII1lllC. ....
4 -. 11....
8
. .
:..
~.
eA~FO'i'- :':sa:f1\
fOR lOCA.TlON :..\J.)
or8~SI
~
,~
\t1.LtETTE eENCH.
SEE SPECS
1- ~ 2-R(Ct' 'l1.P8E S.$; ~l$
:I
~
r"
.,.... . ..... -0"
COt*CRE:~E_l)\4fZ...t:. AT
PASE ClFALLBENCHES
{;ONlI~tJOU$ .
CONCREtt: ::: FOOftNt';
~.'.'......',.'.2...........:......'.... 13gNCH DETAil SECTION
v.::..J SCALE: 1"-1'-0"
9
1:: ·
ElAQ<:QEST
lOP
na: KNO.
-----
IAacMS'f:5/4 JC4 ~. IPt SLATS ('NP.)
AITAttlEUrOSUPf"QR1' fRJ'l.\IC:
H~W"Af:: 1/4"')1'''' P'ANH€AtJ ~$$
V.... (JNI$R W^~~R.- $$ (4) PER $t.,AT
S1JPP~T fA:AAlt~ M."li2'''X ~lFl
fl"';TSlCQi(, JO+. $S('n?)
os: _1CA.~ ,.'lt~" ~~:Ct~Oul.AR
1'tJIaE. 304 SS(2) SUP?Oftr5.
PE'R;e~ .REST. f'VLLWEID
AU OONnt:C1lOfIC$
~()t,JT
E3E:NCt-IdE3ACK REST DETAIL
SCAU:: .'......1.-0
\lI.LEm ~
3M. R.f4)fU$
<< OF COHCM1I DRlltNc.t
O'"LINO'tH OF'
OV.IL SEA,.
QJS",* \ilu.E1'E .BEHCH.
$'...)" IUD.
f'":l,.................. BENCH DETAIL- PLAN
V SCALE: 1/.""."-0.
10
.s
2
~
A
-.J
-
::::l
[;tl
----.
..J
";7
4'
p....~
11
ill
-1
-, ~
-J "
01
ill
I
0....... m
F
ill
Z
L
:J
-1
o
o
~
W....~.
-
I--
- ~ - ,--
~ ~ ..... ....
~~ ~~!
8
. .- - ,
~ f . tw
;. l(' " i:' i
.~.
~ e'f~
w
CB.
<D
lj.
Cl\ .-- aJ I
.'2........ ~ x~.
(6 CQ COo
I
....;f
~!
A,
Jl
~I
w
Ui..............!.....
oe1:..
~;
~
~l
)-
u..
Ii
I ~ ~"1~
~.. ~. U o.
r- r- ..... ..... ..
UJ
d (I)
:J .~'
01
UJ
I
U ~
ID
.u.;
Zffim
1:: >tt
:) w
~~
()
U
~
LU~
~
t-
-~ -
~. ...:
W lid ,
? ~ .~
g
~ ~
. .. w
~ C' t::.
~
.~.
e I
i\S)
.~
.~ 3 .~
i ~ .~
Q
B
a
t:
12
.~
- iC"4
r j
~ ~ :
PfJt\ftL.t".)Ne." 1~l.J)1r.t~
@
@
-""""~^Y"-""""-:";'* ~^'^"'":~:,,,-..,w~_
.d"
2
~
t;)
.J
>J:
:>
pD
"2-
{}
-
j
-
j
<.1:
~
I
5
II.
9.
~c:
L-
......".........~....",.
(
.~;
'tfil
I'
II
.1
,.:.
€1
'"
~I
I~
J!
}1~
.~
Jf
~.
.t-,t
Q
.
. ""'"
>
UJ
.....J
W
~.
=-
..
(fl
>
LU
~
~-
. ;
Jt
~f
...l
)
/'
,~
"'''',
1
'l
.
I
I
lIP
-
b
,
li-
..
~
I--
2
~
~
~I
J .
::("1,
2
J
j
l:I
c
]'
:t
...
.z.,J.?
-~ ..~-
1:1
I~
i..;'.
r------,
[] I n I
I I
J. ...."..r. .... r I
-1 L_
Ol
I.
:;.".
[J
I"J
I@
o
CI
vI
c
L1 []
OOI~
or....... -1-- ..,0
I I. I
I . I
I
I ,
.r:l- - - - -.Jo
1i2J
[J
. Ii
L_ _ -_...1
o C1
I::]
r----
a
[]
11QJ
I I
II [1
I I
I I
I I
I I
I .
riJt If 0
~I:I:
lJ
L1
.D
.
~
o
o
QI
tJ
.bit
"
o
.tf
<.
~
Q
~
"::J
C4
'2
a
....
.J
-'
'7
ct
f\-
51
l.l
u
~~...~
tu"lu
=@O
t-.Ci"\ 0
~@i..~....
. .. :t.: LU
.~..~.~
"
\"
--
>:::1:
"""""'."-
N~
..
:r~
~.
~l~
~.~
~....~..
~.. L ...:t
~g~
<...) l-- .~
.. (....... .,.. <(. ..
<.n ..'---"(.)
WUl
(f)
~
~
lJ,J,
(:)
c.
CS
~.
Q
::>-
<{
z
..
~
>-
I'-"~
..
('tl
.
91
i
.1'-.:
.-
1,
'~l
~\
~\
I
o
I
..
..-
II
S:
~
~
~
- z"
Ot~
-u
~..(/}
U
W
(f)
(
r'
--"----. cD J
~
,
, J
~.--:\
tiDj...
,-
e
t
II
v
@
.."
,
III
e
o
-{::''1
'-..,..J
o
~
z
tq
",..
N
..
:>
~
W
r
8
.0
u
o
u..
~ I....
(f)
UJ I
~
",...,
.0-.' · .Z1~. 1~$ ~
NOJlJ3S ~tJOJaNVl\..t.l
.
-
.
"
__c; - J'..~f'I~H)
-aA4'l\li ""lq>A~1i$-
..0 lS
~~.~
.-"~,:~"~_:..,;~
j).'IcJ ~~>,
j
81
~="""'::'''::..,;,''''W,'iiMili~
--~~"'*""*>=<~
!b.
~
...,.
<!
01
j
,
-
:I
;;
,
It
J
D
61
.1
/'
r
II
18
IIorQ
af
b
.i
Wi
Z'
o
1---
U ..
WW
U)~
Z
a::::
o
lk
o
Z
<(
--.J
\>>
.
.~
*'
z
<(
I--
W
a::
w
(l)
o
cr
m
)
l:J
..s
i
O~
b
I
I!
i
-I
I~
~
~
.' -j
W
-J
-<
(.)
tn
<
u
w
(f)
:n
I
r~
i
H
^
/'
Exhibit "B"
City of Miami Beach
South Pointe Park
City of Miami Beach
South Pointe Park Improvements
Table of Contents
DIVISION 1 - GENERAL REQUIREMENTS
01010
01025
01031
01045
01050
01060
01070
01090
01152
01200
01311
01340
01380
01400
01410
01505
01510
01520
01530
01540
01545
01550
01560
01570
01580
01590
01600
01660
01700
01710
01720
01730
01740
Summary of Work
Measurement and Payment
General Project Procedures
Cutting and Patching
Field Engineering
Regulatory Requirements and Permits
Abbreviations
Reference Standards
Applications for Payment
Project Meetings
Schedules and Reports
Shop Drawings, Product Data and Samples
Construction Photography
Quality Control
Testing Laboratory Services
Mobilization, Site-Prep. and Demobilization
Temporary Utilities
Construction Aids
Protection of Existing Facilities
Emergency 1 Terrorism Response Plan
Hurricane Plan
Site Access and Storage
Temporary Controls
Traffic Regulations
Project Identification and Signs
Contractor's Field Office
Material and Equipment
Equipment Testing and Startup
Contract Closeout
Cleaning
Project Record Documents
Operating and Maintenance Data
Guarantees and Bonds
Project Manual
26 May 06
TOC - 1
City of Miami Beach
South Pointe Park
Project Manual
26 May 06
SECTION 01010 - SUMMARY OF WORK
PART 1 - GENERAL
1.01 THE REQUIREMENT
A. WORK to be performed under this Contract shall consist of furnishing and
installing all tools, equipment, materials, supplies, and manufactured articles
and furnishing all labor, transportation, and services, including fuel, power,
water, and essential communications, and performing all WORK, or other
operations required for the fulfillment of the Contract in strict accordance with
the Contract Documents. The WORK shall be complete, and all WORK,
materials, and services not expressly indicated or called for in the Contract
Documents which may be necessary for the complete and proper construction
of the WORK in good faith shall be provided by the CONTRACTOR as though
originally so indicated, at no increase in cost to the CITY.
B. Wherever the term CONSULTANT is used in these documents, it shall be
construed to mean Hargreaves Associates, Inc., a California corporation, having
its principal office at 398 Kansas St., San Francisco, California, 94103.
C. Whenever a reference to number of days is noted, it shall be construed to mean
calendar days.
1.02 WORK COVERED BY CONTRACT DOCUMENTS
A. The WORK of this Contract comprises the construction of the South Pointe
Park Improvements Project. The WORK will include but not be limited to site
preparation, earthwork, utilities, drainage systems, two buildings, paving,
furnishings, water-feature, play equipment, artwork foundations, lighting &
electrical, planting, irrigation, traffic signage, and misc. site improvements.
B. The WORK is located at:
1 Washington Avenue, Miami Beach, Florida.
South Pointe Park is bound by the Atlantic Ocean to the East, Government
cut to the South, Biscayne Bay to the West, and private residential
property to the North.
SUMMARY OF WORK 01010-1
City of Miami Beach
South Pointe Park
Project Manual
26 May 06
C. Contract Documents:
South Pointe Park Improvements - 100% Construction Documents and
Specifications dated May 26, 2006
D. Summary of Base Bid Work:
· Installation of utilities (gas, electric, potable water, sanitary sewer)
· Installation of drainage systems
· Construction of landforms including a 13' high Serpentine shaped
landform with walkway
· Pavilion and storage buildings totally approximately 7,000 square feet.
Pavilion building will have wood deck, metal railings, shade structure
and furnishings.
· Concrete retaining walls, terraced seat steps, and staircase.
· Bridges with metal railings at Pavilion building and Serpentine landform
· Shade structures near pavilion building
. A new parking lot
· Walkways throughout the site composed of concrete, concrete pavers,
rubber play surfacing and crushed coquina.
· A new "Cut" walk, 20' wide and elevated 15" with keystone and exposed
shell colored concrete materials. Sloped walkways and stairs occur
within Cut Walk.
· Lighting throughout, including custom pylon lights along Cut Walk
· Fountain water feature at Washington Avenue entrance
· Custom play equipment and splash play area near pavilion building
· Furnishings including metal and precast benches, signage, trash
receptacles, beach shower, water fountains, and dog waste bag
receptacles.
· Planting including new trees, planting and sod, a one acre native dune
planting area, and transplanted trees
· Irrigation system
· South patio and north entrance improvements at Smith and Wollensky
Restaurant. Restaurant to remain open during the construction period.
· Existing sea wall I rip rap at Government Cut to remain in its current
location.
· "Drift" artwork foundations and utility requirements
E. Alternates (Add I Deduct):
The Base bid shall not include the alternates below. These alternate prices
shall be provided for the Owner's review and selection at the Owner's sole
discretion. The City may choose all and/or any combination of the alternates
below as part of this project as described in the General Conditions. Provide all
materials, labor, equipment, supervision, mobilization, overhead & profit
SUMMARY OF WORK
01010-2
City of Miami Beach
South Pointe Park
Project Manual
26 May 06
required to provide but not limited to the following:
Alternate #1 (Add) - Parking lot revision to add approximately 28 additional
spaces at the North side of the property (adjusting proposed parallel parking to
perpendicular parking).
Alternate #2 (Add) - Right-of-Way extension: Extension of North Property line
to South Pointe Drive. Work shall include but not be limited to the following:
· Upgraded lighting to meet South Pointe Park Design standards and tie-in
with the electrical utility systems proposed for the Park.
· Provide new irrigation to tie-in with the Park.
· New curb, gutter, sidewall, street trees and plantings along both sides of
Washington Avenue to integrate with South Pointe Park and Apogee
Development at the North-west corner of the property.
· Provide new asphalt as required.
1.03 STANDARD SPECIFICATION
A. Except as noted, all materials and workmanship shall meet the requirements of
the latest editions of the following publications:
1. Miami-Dade County Public Works manual "Design and Construction
Standards"
2. The Florida Department of Transportation "Standard Specifications for
Road and Bridge Construction, and its supplements
3. The Florida Department of Transportation "Roadway and Traffic Design
Standards"
4. The Florida Department of Transportation "Structures Standards," dated
1992,
5. Miami-Dade Water and Sewer Department "Design and Construction
Standard Specification and Details".
6. National Electric Code
SUMMARY OF WORK
01010-3
City of Miami Beach
South Pointe Park
Project Manual
26 May 06
7. Florida Building Code
8. American with Disabilities Act
9. National Fire Protection Agency
10. Chapter 556, Florida Statutes, Underground Facility Damage Prevention
and Safety Act
1.04 SITE INVESTIGATION
A. The CONTRACTOR, by virtue of signing the Agreement, acknowledges that it
has satisfied itself to the nature and location of the WORK, the general and local
conditions including, but not restricted to: those bearing upon transportation;
disposal, handling and storage of materials; access roads to the site; the
conformation and conditions of the WORK area; and the character of equipment
and facilities needed preliminary to and during the performance of the WORK.
Failure on the part of the CONTRACTOR to completely or properly evaluate the
site conditions shall not be grounds for additional compensation.
B. Soil boring information may be furnished to the CONTRACTOR for its general
information. Such data is not warranted to be correct; the CONTRACTOR, by
virtue of signing the Agreement, acknowledges that it has satisfied itself as to
the nature and extent of soil and (underground) water conditions on the project
site. No additional payment will be made to the CONTRACTOR because of
differences between actual conditions and those shown by the boring logs.
1.05 WORK BY OTHERS
A. Concurrent work by Other CONTRACTORS. The CONTRACTOR'S attention is
directed to the fact that WORK may be conducted at the site by other
CONTRACTORS during the performance of the WORK under this Contract.
The CONTRACTOR shall conduct its operations so as to cause little or no delay
to work of such other contractors, and shall cooperate fully with such contractors
to provide continued safe access to their respective portions of the site, as
required to perform work under their respective contracts.
B. Interference With Work On Utilities. The CONTRACTOR shall cooperate fully
SUMMARY OF WORK
01010-4
City of Miami Beach
South Pointe Park
Project Manual
26 May 06
with all utility forces of the CITY or forces of other public or private agencies
engaged in the relocation, altering, or otherwise rearranging of any facilities
which interfere with the progress of the WORK, and shall schedule the WORK
so as to minimize interference with said relocation, altering, or other rearranging
of facilities.
1.06 WORK SEQUENCE
A. The CONTRACTOR shall schedule and perform the WORK in such a manner
as to result in the least possible disruption to the public's use of roadways,
driveways, utilities, and any building, andlor portions thereof, to remain in
operation during construction. Utilities shall include but not be limited to water,
sewerage, drainage structures, ditches and canals, gas, electric, television and
telephone. Prior to commencing with the WORK, CONTRACTOR shall
perform a location investigation of existing underground utilities and
facilities in accordance with the Section entitled "Protection of Existing
Facilities" and shall have obtained all required permits and permissions.
CONTRACTOR shall also deliver written notice to the CITY and property
occupants (private and public) of all planned disruption to roadway, driveways,
and utilities 72 hours in advance of disruption. All notifications of planned
disruptions shall be coordinated with the City's Capital Improvement Projects
Office (CIP), and shall be in the form of a certified letter with return receipts.
B. If other projects will be connected to portions of WORK constructed as part of
this project, it may be necessary to sequence portions of this project.
CONTRACTOR shall be responsible for coordinating construction activities and
tie-ins with CONTRACTOR's of adjacent phases and sections as required.
C. CONTRACTOR shall sequence the WORK so as to minimize impact on
residents. CONTRACTOR shall notify schools, the City's Fire and Police
Department, and the Post Office 14 days prior to disruption of roadways. All
notifications of planned disruptions shall be coordinated with the City's Capital
Improvement Projects Office (CIP), and shall be in the form of a certified letter
with return receipts.
D. The WORK shall be sequenced so as to not interfere with the restaurant's
operations during the WORK period. The restaurant will continue to operate
SUMMARY OF WORK
01010-5
City of Miami Beach
South Pointe Park
Project Manual
26 May 06
during all phases of construction. Coordination with the restaurant and CITY will
be necessary throughout the duration of the WORK. In addition to the above,
the following restrictions shall be maintained:
1. The CONTRACTOR shall provide a detailed phasing and Maintenance of
Traffic plans, for review and approval by the CITY prior to the
commencement of any construction activities.
The Phasing plans shall be broken into the following general phases
(Phases I - IV) and shall incorporate sub-phases within each of the
general phases described above:
Phase I - Temporary facilities including but not limited to: displaced
I temporary parking to service the restaurant, temporary
construction fence, temporary lighting and temporary signage as
required.
Note: Temporary location of vending machines. Concrete pad and
electrical feed required. Location to be determined.
Phase II - Work East of Coastal Construction Control Line
Phase III - Work West of Coastal Construction Control Line &
Washington Ave.
Phase IV - Work West of Washington Ave.
The Cut walk construction is to be coordinated independently from
other phases. Timeframe for construction is to be coordinated with
the City and Consultant.
As the work progresses, phasing may need to be adjusted to address the
City's needs. Contractor to maintain access to the park through the Bay-
walk, Cut-walk, and Beach-walk during the park's construction until their
improvements are scheduled to occur. Alternate access to the beach
may be required.
2. The CONTRACTOR shall provide displaced I temporary parking to
service the restaurant within the open lawn field - West of the restaurant,
SUMMARY OF WORK
01010 - 6
City of Miami Beach
South Pointe Park
Project Manual
26 May 06
and will provide a buffer I landscaped zone between the existing
restaurant and the displaced I temporary parking and a compacted,
graded parking surface in compliance with all applicable jurisdictional
agency requirements. CONTRACTOR shall provide temporary lighting,
temporary signage, temporary fence, temporary asphalt pavement walks,
and temporary pavement markings (i.e. pedestrian cross walks), to and
from the temporary parking area, as needed, to ensure safe pedestrian
access in compliance with the American Disabilities Act.
3. In no case shall more than 200 linear feet of roadway in a section be
under construction at one time. All roadways surface shall be restored
with asphalt. Asphalt transitions between new and existing pavement at
the limit of work shall be placed at a maximum slope of five (5%) percent.
4. The CONTRACTOR shall provide temporary asphalt patching for the
pavement disturbed during the installation of the proposed improvements
such as water main, gas main, and stormwater improvements, at the end
of each workday, for WORK performed within the City's Right-of Way.
5. All affected residents shall be notified a minimum of seventy-two (72)
hours prior to a shut off of water supply. Any water supply interruptions
shall be scheduled to be as short as possible and not exceed four (4)
hours. For multi-family apartments or condominium complexes, written
notice of planned disruptions maybe directed to Condominium
Association's Management Companies, Condominium Association's
Board of Directors, Apartment Property Managers or other property
managing companies or individuals via certified mail; for single family
residents written notices shall also be directed to the property owner via
door hangers. All Notifications of planned disruptions shall be
coordinated with the City of Miami Beach Public Works Department and
the City's Capital Improvement Projects Office (CIP).
6. All affected residents shall be notified a minimum of seventy-two (72)
hours prior to a shut off of water supply. Any water supply interruptions
shall be scheduled to be as short as possible and not exceed four (4)
hours. For multi-family apartments or condominium complexes, written
notice of planned disruptions maybe directed to Condominium
SUMMARY OF WORK
01010-7
City of Miami Beach
South Pointe Park
Project Manual
26 May 06
Association's Management Companies, Condominium Association's
Board of Directors, Apartment Property Managers or other property
managing companies or individuals via certified mail; for single family
residents written notices shall also be directed to the property owner via
door hangers. All Notifications of planned disruptions shall be
coordinated with the City of Miami Beach Public Works Department and
the City's Capital Improvement Projects Office (CIP).
7. The CONTRACTOR shall notify the City of Miami Beach Fire Department
and the City of Miami Beach Public Works Department at a minimum of
seventy-two (72) hours prior to the shut off of any potable water or fire
main supply. CONTRACTOR shall obtain written acknowledgement from
the City of Miami Beach Fire Department and the City of Miami Beach
Public Works Department prior to commencing of the shut off of any
potable water or fire main supply.
8. Access for emergency vehicles shall be maintained at all times to all
homes or businesses. Excavation must be back-filled or barricaded at the
end of each work day to prevent hazardous conditions. If a trench,
excavation or structure is to be left open, it must be covered with a steel
plate and barricaded at the end of each work day or when work will be
suspended for more than eight (8) hours.
9. Transportation provisions for handicapped or disabled residents shall be
made by the CONTRACTOR if construction prevents access to any public
I private facilities during the WORK period.
10. The CONTRACTOR shall also make provisions with local bus, school
bus, garbage collection, mail delivery, and any other services during the
WORK period. A traffic maintenance plan indicating proposed street
closings, schedules, and alternate routes which has been approved by
the applicable jurisdictional agency, should be submitted to all affected
agencies for coordination and routing purposes.
11. Materials and equipment shall be stored in a fenced or otherwise
enclosed area during non-working hours. Pipe and material shall not be
strung out along installation routes for more than one workday.
SUMMARY OF WORK
01010-8
City of Miami Beach
South Pointe Park
Project Manual
26 May 06
12. Street and Park lighting shall be maintained in operation at all times
during construction. CONTRACTOR shall provide temporary power
supply andlor temporary lighting, as necessary, to maintain proper lighting
conditions until the new lighting is in operation.
13. CONTRACTOR shall schedule and coordinate all parking related signage
and street markings with the City of Miami Beach Parking Department
during all applicable construction phases of the WORK.
14. CONTRACTOR shall provide off-site parking for its employees and its
subcontractor's employees. CONTRACTOR shall provide bussing or
other means of transporting the necessary work force to and from the site.
CONTRACTOR shall not use existing parking spaces or proposed
temporary parking spaces within the Park for its employees' or its
subcontractor's employees' use.
15. A staging area shall be provided to the CONTRACTOR for the staging of
necessary equipment, material and field operation trailer.
CONTRACTOR shall provide additional off-site storage and staging as
necessary at no additional cost to the Contract. CONTRACTOR shall
maintain all staging areas until the WORK is completed.
E. Substantial Comoletion: Project Substantial Completion, as defined in the
General Conditions, shall be achieved within 547 calendar days of the Notice to
Proceed (Base Bid and Alternates).
F. Final Comoletion: Project Final Completion, as defined in the General
Conditions, shall be achieved within 577 calendar days of the Notice-to-Proceed
(Base Bid and Alternates).
1.07 TRAFFIC CONTROL
A. The CONTRACTOR shall submit a conceptual Traffic Control Plan at the Pre-
Construction Conference. This preliminary plan shall identify the phases of
construction that the CONTRACTOR plans to proceed with and identify traffic
flows during each phase. The CONTRACTOR will be required to submit a
detailed plan showing each phase's Maintenance and Protection Plan prior to
starting construction of any phase.
SUMMARY OF WORK
01010-9
City of Miami Beach
South Pointe Park
Project Manual
26 May 06
B. The "Maintenance of Traffic" plan shall address pedestrian traffic as well as
vehicular traffic. As a minimum, the plan shall address the following pedestrian
requirements:
a. A safe walk route for all schools within the vicinity of the construction
zone shall be maintained during the arrival and dismissal of school.
CONTRACTOR shall not block bus access to schools during school
hours.
b. In the case that a designated .crossing of any portion of the designated
walk route can not be maintained, then the CONTRACTOR shall notify
the applicable "School Safety Coordinator" a minimum often (10) working
days prior to ceasing that route so that an alternate route can be
established with the School and the Enforcing agency.
c. It shall be the responsibility of the CONTRACTOR for any necessary
construction barricade, pavement marking and signage, or any pedestrian
signalization and/or signal modification to accommodate an alternate safe
walk route.
C. The CONTRACTOR, at all times, shall conduct the work in such a manner as to
insure the least obstruction to traffic as is practical. Convenience of the general
public and of the residents adjacent to the work shall be provided for in a
satisfactory manner, as determined by the CITY.
D. Sidewalks, gutters, drains, fire hydrants and private drives shall, insofar as
practical, be kept in condition for their intended uses. Fire hydrants on or
adjacent to the work shall be kept accessible to fire apparatus at all times, and
no material or obstruction shall be placed within twenty (20) feet of any such
hydrant.
E. Construction materials may not be stored upon the public street unless a written
request is submitted to the CITY for approval, if such approval is given,
construction materials shall be placed so as to cause as little obstruction to the
general public as is reasonably possible.
F. Streets shall not be closed. The work must be conducted with the provision for
a safe passageway for traffic at all times. The CONTRACTOR shall make all
SUMMARY OF WORK 01010 -10
City of Miami Beach
South Pointe Park
Project Manual
26 May 06
necessary arrangements with the jurisdictional agency concerning maintenance
of traffic and selection of detours required.
G. All existing stop signs shall be maintained.
H. When permission has been granted by the CITY to close an existing roadway,
the CONTRACTOR shall furnish and erect signs, barricades, lights, flags and
other protective devices, which shall conform to the requirements, and be
subject to the approval of the jurisdictional agency. The CONTRACTOR shall
furnish and maintain proper protective devices at such location for the entire
time of closure as the jurisdictional agency may direct. Signage shall be
affected one week before closure.
I. The CONTRACTOR shall furnish a sufficient number of protective devices to
protect and divert the vehicular and pedestrian traffic from working areas closed
to traffic, or to protect any new work. Failure to comply with this requirement will
result in the shut down of the work until the CONTRACTOR provides the
necessary protection.
J. Any time traffic is diverted for a period of time that will exceed one work day,
temporary pavement markings will be required. Existing pavement markings
that conflict with the new work zone traffic pattern must be obliterated. Painting
over existing pavement markings (black out) shall not be permitted.
K. The CONTRACTOR may be required to reposition existing traffic heads in order
to maintain traffic flows at diverted intersections. If this should be necessary,
the CONTRACTOR must submit a plan for approval showing the course of work
and the planned repositioning. The jurisdictional agency must approve the plan
prior to implementation. No separate payment for repositioning the existing
traffic signal heads will be made. The cost of this work shall be included in the
base bid price.
1.08 TRAFFIC IMPACT PLAN
A. The CONTRACTOR shall submit a weekly Traffic Impact Plan to the CITY and
CONSULTANT to allow for notification of anticipated area closures to public
entities located in and doing business in the project area. The Traffic Impact
Plan shall identify streets that are under construction and construction activities
SUMMARY OF WORK
01010-11
City of Miami Beach
South Pointe Park
Project Manual
26 May 06
that may impact vehicular and pedestrian traffic.
1.09 TEMPORARY STRIPING
A. CONTRACTOR shall install temporary paint striping after the first and second
lifts of asphalt, and maintain until the permanent thermoplastic striping is
installed.
1.10 WORK SCHEDULE
A. Time is of the essence in completing this project. Because time is of the
essence, the CONTRACTOR shall commit the necessary resources to this
project to complete it in a timely manner. Note that a typical workday will be
based on hours between 8:00 am and 6:00 pm, Monday through Friday,
excluding holidays. If the CONTRACTOR wishes to work longer hours than
those specified herein, it shall request so, in writing, by Friday of each week.
Work completed other than regular working hours should be easily observable
by CITY andlor CONSULTANT staff on the subsequent day. If the
CONTRACTOR proposes to complete work that will be "covered up" after
normal working hours, it shall reimburse CITY for costs associated with the
observation of such work. The Construction progress will be measured with the
construction schedule submitted by the CONTRACTOR. If the CONSULTANT
andlor CITY determine that the CONTRACTOR does not meet the CPM as
specified in the Section entitled "Schedules and Reports", the CONTRACTOR
will be required to commit those resources necessary to ensure the completion
of the project in a timely manner. All costs incurred to implement measures to
complete the WORK in timely manner will be borne by the CONTRACTOR.
B. SCHEDULE
1. CONTRACTOR shall submit scheduling information for the WORK as
required in the Section entitled "Schedules and Reports".
2. No separate payment shall be made for preparation andlor revision of the
schedule.
SUMMARY OF WORK
01010 - 12
City of Miami Beach
South Pointe Park
Project Manual
26 May 06
1.11 COMPUTATION OF CONTRACT TIME
A. It is the CONTRACTOR'S responsibility to provide clear and convincing
documentation to the CONSULTANT andlor CITY as to the effect additional
WORK will have with respect to additional contract time extension requirements.
If additional quantities of WORK can be carried out concurrent with other
existing construction activities without disrupting the critical path of the project
then no contract time extension will be granted. CONTRACTOR is obligated to
provide documentation to the CONSULTANT andlor CITY if additional elements
of the WORK affect the. critical path of the project. If WORK set forth in the
original scope of the project is deleted, the contract time may be reduced. This
contract is a calendar day contract. While the CONTRACTOR may be granted
time to suspend WORK operations for vacations or holidays, contract time will
not be suspended. During suspensions, CONTRACTOR shall be responsible
for all maintenance of traffic and liability without additional compensation from
the CITY. In addition, CONTRACTOR shall comply with timely notice
requirements as specified in the General Conditions.
1.12 CONTRACTOR USE OF PREMISES
A. The CONTRACTOR'S use of the project site shall be limited to its construction
operations. Storage of materials will be arranged for by the CONTRACTOR and
a copy of an agreement for use of other property shall be furnished to the CITY.
Note that staging areas on the project site are limited to the Project site. Other
areas required for material storage must be arranged and paid for by the
CONTRACTOR, as a part of its base bid.
1.13 PRE-CONSTRUCTION CONFERENCE
A. After the award of Contract and Notice to Proceed, a Pre-construction
Conference will be held between the CONTRACTOR, CONSULTANT, CITY,
other interested Agencies, representatives of Utility Companies and others
affected by the WORK. The time and place of this conference will be set by the
CITY. The CONTRACTOR shall bring to the conference a copy of its preliminary
WORK schedule for review and comment by the CITY and CONSULTANT. The
schedule shall include sequences of operation and time schedule. The final
schedule will be due as noted in the Section entitled "Schedules and Reports".
SUMMARY OF WORK
01010 - 13
City of Miami Beach
South Pointe Park
Project Manual
26 May 06
The WORK shall be performed in accordance with such schedule or approved
amendments thereto.
1.14 UTILITY LOCATIONS
A. To the extent possible, all existing utility lines in the project area have been
shown on the plans. However, neither the CITY andlor CONSULTANT
guarantee that all lines are shown, or that said lines are in their true location. It
shall be the CONTRACTOR'S responsibility to identify and locate all
underground or overhead utility lines or equipment affected by the project. No
additional payment will be made to the CONTRACTOR because of
discrepancies in actual and plan location of utilities and damages suffered as a
result thereof of lines shown on the plans. Compensation for items not drawn
on the plans shall comply with Change Order Provision as specified in the
General Conditions.
B. The CONTRACTOR shall notify each utility company involved at least thirty (30)
days prior to the start of construction to arrange for positive underground
location, relocation or support of its utility where that utility may be in conflict
with or endangered by the proposed construction. Relocation of water mains or
other utilities for the convenience of the CONTRACTOR shall be paid for by the
CONTRACTOR. All charges by utility companies for temporary support of their
utilities and permanent utility relocations to avoid conflict shall be the
responsibility of the CONTRACTOR and the utility company involved.
C. The CONTRACTOR shall schedule and coordinate its WORK in such a manner
that it is not delayed by the utility companies relocating or supporting their
utilities. No compensation will be paid to the CONTRACTOR for any loss of
time or delay.
D. All overhead, surface or underground structures and/or utilities encountered are
to be carefully protected from damage or displacement. All damage to said
structures and/or utilities is to be completely repaired within a reasonable time;
needless delay will not be tolerated. The CITY reserves the right to remedy any
damage by ordering outside parties to make repairs at the expense of the
CONTRACTOR. All repairs made by the CONTRACTOR are to be made to the
satisfaction of the utility Owner and shall be inspected by a representative of the
SUMMARY OF WORK
01010 - 14
City of Miami Beach
South Pointe Park
Project Manual
26 May 06
utility Owner and the CITY.
E. The CONTRACTOR shall contact Sunshine State One Call of Florida
(1.800.432.4770) for a free locating service for utilities for CONTRACTORS and
excavators: Forty-eight (48) hours before excavating, the CONTRACTOR
should call the Sunshine State One Call of Florida Inc. and a locator will be
dispatched to the WORK location. CONTRACTOR shall coordinate with other
utility companies not included in the Sunshine State One Call of Florida, Inc.
location service for utility locates, these include Florida Power and Light, cable,
gas, etc.
1.15 LINE AND GRADE
A. The CONSULTANT has provided vertical and horizontal control for layout of the
WORK in the form of bench marks and reference points located adjacent to the
WORK. From these controls provided, the CONTRACTOR shall develop and
make all detailed surveys needed for construction and shall establish all working
points, lines and elevations necessary to perform the WORK. This surveying
WORK shall be supervised by a Professional Land Surveyor registered in the
State of Florida.
1.16 PROTECTION AND RESTORATION OF SURVEY MONUMENTS
A. The CONTRACTOR shall carefully protect from disturbance all survey
monuments, stakes and bench marks, whether or not established by it, and
shall not remove or destroy any surveying point until it has been properly
witnessed by a representative of the CITY. All major survey monuments that
have been damaged by the CONTRACTOR such as section corners, 1/4
section corners, property corners or block control points, shall be replaced at the
CONTRACTOR'S expense with markers of a size and type approved by the
CONSULTANT. Their replacement shall be under the supervision of a Florida
Registered Land Surveyor. The CONTRACTOR shall document survey
monuments prior to construction and submit the location and type of all markers
to the CITY.
1.17 EQUIPMENT
A. All equipment necessary and required for the proper construction of all facilities
SUMMARY OF WORK
01010 - 15
City of Miami Beach
South Pointe Park
Project Manual
26 May 06
shall be on the construction site, in first-class working condition.
1.18 STORAGE SITES
A. The CONTRACTOR shall furnish, at its expense, properly zoned areas suitable
for field office, material storage and equipment service and storage. No material
may be stored in the public right of way without prior authorization by the
agency having jurisdiction. The CONTRACTOR shall keep these areas in a
clean and orderly condition so as not to cause a nuisance or sight obstruction to
motorists or pedestrians.
1.19 OWNERSHIP OF EXISTING MATERIALS
A. All materials removed or excavated shall become the property of the
CONTRACTOR, who shall dispose of it in a manner, complying with all
applicable jurisdictional requirements.
1.20 EXCESS MA TERrAL
A. All vegetation, debris, concrete or other unsuitable materials shall be disposed
of off-site in approved areas provided by the CONTRACTOR. Storage of
unsuitable materials on site shall not be allowed. All unsuitable materials are to
be removed from work site as they are generated. Any excess material desired
to be retained by the CITY shall be delivered by the CONTRACTOR to a
designated area within a 5 mile radius of the project, at no extra cost to the
CITY.
1.21 AUDIO-VISUAL PRECONSTRUCTION RECORD
A. General:
1. The CONTRACTOR shall engage the services of a professional
electrographer. The color audio-video tapes shall be prepared by a
responsible commercial firm known to be skilled and regularly engaged in
the business of preconstruction color audio video tape documentation.
The electrographer shall furnish to the CONSULTANT a list of all
equipment to be used for the audio-video taping i.e., manufacturer's
name, model number, specifications and other pertinent information.
SUMMARY OF WORK
01010 - 16
City of Miami Beach
South Pointe Park
Project Manual
26 May 06
Additional information to be furnished by the electrographer are the
names and addresses of two references that the electrographer has
performed color audio-video taping for on projects of a similar nature
within the last 12 months.
2. Prior to beginning the WORK, the CONTRACTOR shall have a
continuous color audio-video tape recording taken along the entire length
of the project to serve as a record of preconstruction conditions. No
construction shall begin prior to review and approval of the tapes covering
the construction area by the CONSULTANT. The CONSULTANT shall
have the authority to reject all or any portion of the video tape not
conforming to the specifications and order that it be redone at no
additional charge. The CONTRACTOR shall reschedule unacceptable
coverage within five days after being notified. The CONSULTANT shall
designate those areas, if any, to be omitted from or added to the audio-
video coverage.
B. Audio-Video Tapes:
1. Audio-Video tapes shall be new. Reprocessed tapes will not be
acceptable. The tapes shall be one half inch, high energy, extended still
frame capable video cassettes and Audio Video DVDs. They shall be
interchangeable with the color video cassette player and shall be
compatible for playback with a standard player-receiver, VHS format.
DVDs shall be standard DVD interchangeable with the color DVD player
or computer DVD player.
2. CONTRACTOR shall provide the CITY two complete sets of tapes and
DVDs for each of the project areas.
C. Equipment:
1. All equipment, accessories, materials and labor to perform this service
shall be furnished by the CONTRACTOR.
2. The total audio-video systemshall reproduce bright, sharp, clear pictures
with accurate colors and shall be free from distortion, tearing, rolls or any
other form of imperfection. The audio portion of the recording shall
SUMMARY OF WORK 01010 -17
City of Miami Beach
South Pointe Park
Project Manual
26 May 06
reproduce the commentary of the camera operator with proper volume
and clarity and be free from distortion and interruptions.
3. When conventional wheeled vehicles are used, the distance from the
camera lens to the ground shall not be less than twelve feet. In some
instances audio-video tape coverage may be required in areas not
accessible by conventional wheeled vehicles. Such coverage shall be
obtained by walking or special conveyance approved by the
CONSULTANT.
4. The color video camera used in the recording system shall have a
horizontal resolution of 300 lines at center, a luminance signal to noise
ratio of 45 dB and a minimum illumination requirement of 25 foot-candles.
D. Recorded Information - Audio:
1. Each tape shall begin with the current date, project name and municipality
and be followed by the general location, Le., name of street, house
address, viewing side and direction of progress. The audio track shall
consist of an original live recording. The recording shall contain the
narrative commentary of the electrographer, recorded simultaneously with
his fixed elevation video record of the zone of influence of construction.
E. Recorded Information - Video
1. All video recordings must, by electronic means, display continuously and
simultaneously generated with the actual transparent digital information to
include the date and time of recording, and station numbers as shown on
the drawings. The date information shall contain the month, day and year.
The time information shall contain the hour, minutes and seconds.
Additional information shall be displayed periodically. Such information
shall include, but not be limited to, project name, contract number, name
of street, house address, direction of travel and the viewing side. This
transparent information shall appear on the extreme upper left hand third
of the screen.
2. All taping shall be done during times of good visibility. No taping shall be
done during precipitation, mist or fog. The recording shall only be done
SUMMARY OF WORK 01010 -18
City of Miami Beach
South Pointe Park
Project Manual
26 May 06
when sufficient sunlight is present to properly illuminate the subjects of
recording and to produce bright, sharp video recordings of those subjects.
3. The rate of speed of the vehicle used during taping shall not exceed 10
miles per hour. Panning, zoom-in and zoom-out rates shall be sufficiently
controlled to maintain a clear view of the object.
4. Tape coverage shall include all surface features located within the zone
influence of construction supported by appropriate audio coverage. Such
coverage shall include, but not be limited to, existing driveways,
sidewalks, curbs, pavements, ditches, mailboxes, landscaping, culverts,
fences, signs and headwalls within the area covered. Particular attention
should be paid to those items outside or adjacent to the work limits that
may become damaged during construction.
F. Payment: Compensation for the audio-video preconstruction record shall be
included in the lump sum bid price for Mobilization.
1.22 ADJUSTING EXISTING VALVES, METERS, CATCH BASINS, AND
MAINTENANCE ACCESS STRUCTURES (Le. MANHOLES)
A. It shall be the CONTRACTOR'S responsibility to coordinate and have all
adjustments made to existing water meters, valves, and structures encountered
during construction, to meet all final grades, unless otherwise instructed by the
CONSULTANT or the respective utility owner. All valves and maintenance
access structures shall be accessible during all phases of the WORK for
emergency access. Omission of such structures from the Contract Plans does
not relieve the CONTRACTOR from making such adjustments as may be
deemed necessary. Cost for such work shall be inputted in the Contractor's
Base Bid.
1.23 CONFLICT STRUCTURES
A. The CONTRACTOR shall abide by the following criteria concerning conflicts
between new drainage, water, or sewer construction and existing utilities.
1. The CONTRACTOR shall verify the location of all utilities suspected of
being potential conflicts prior to ordering drainage or sewer structures for
SUMMARY OF WORK
01010 - 19
City of Miami Beach
South Pointe Park
Project Manual
26 May 06
these locations and inform the CONSULTANT as to its findings.
2. The CONSULTANT shall have full authority to direct the placement of
conflict structures, the relocation of structures shown in the plans, and the
addition, deletion, or relocation of any pipe shown in the plans to facilitate
construction, expedite completion and avoid conflicts with existing utilities.
3. Where an existing utility is to pass through a conflict structure, the
CONTRACTOR shall protect the utility from damage by whatever means
the utility owner and the CONSULTANT deem necessary.
4. In no case shall there be less than 0.3 feet between any two (2) pipe lines
within the structure or between pipe lines and the structure.
1.24 ENVIRONMENTAL PROTECTION
A. The CONTRACTOR shall furnish all labor and equipment and perform all
WORK required for the prevention of environmental pollution during and as a
result of the WORK under this contract. For the purpose of this contract,
environmental pollution is defined as the presence of chemical, physical, or
biological elements or agents which adversely affect human health or welfare;
unfavorably alter ecological balances of importance to human life, affect other
species of importance to man, or degrade the utility of the environment for
aesthetic and recreational purposes. The control of environmental pollution
requires consideration of air, water, land and involves noise, solid waste
management and management of radiant energy and radioactive materials, as
well as other pollutants.
B. The CONTRACTOR shall take all steps necessary to protect water quality in the
connected waters around the project and shall utilize such additional measures
as directed by the Design ENGINEER. Silt screens shall not be removed until
the turbidity of the affected waters is equal to, or lower than, the ambient
turbidity of undisturbed segments of adjacent surface waters.
C. The CONTRACTOR shall implement a Stormwater Pollution Prevention Plan
meeting the Florida Department of Environmental Protection applicable
requirements. The CONTRACTOR shall obtain and prepare all documents
necessary to obtain a Florida Department of Environmental Protection National
SUMMARY OF WORK
01010-20
City of Miami Beach
South Pointe Park
Project Manual
26 May 06
Pollution Discharge Elimination System Permit for Construction Activities. All
cost associated with this activity shall be deem incidental to that Project's bid
price.
D. All protection requirements covered by this subsection shall be in compliance
with all applicable jurisdictional agency requirements.
1.25 BASIS OF PAYMENT
A. The CONTRACTOR'S Professional Land Surveyor will measure all "As-built"
quantities for payment. In the event of disputes as to quantity, the CITY shall
make the final determination; no additional compensation will be made for
surveying services. This WORK shall be supervised by a Florida Licensed
Registered Professional Land Surveyor.
B. The CONTRACTOR shall not be permitted to invoice for quantities of WORK
beyond those contained in the contract and all previously approved change
orders. Invoice for partial payment shall not be accepted by the CITY as
complete without the following:
1. Certificate of payment to subcontractors I Release of Lien
2. Updated Construction Schedule
1.26 APPLICATION FOR PAYMENT FOR STORED MATERIALS
A. Application for payment for stored materials shall comply with requirements set
forth in the General Conditions.
1.27 VIBRATORY COMPACTION
A. The use of vibratory compaction equipment shall be limited to a total gross
weight of three (3) tons. The use of vibratory equipment shall be limited to
compacting backfill of utility trenches and subgrade of roadways only. If
approved in writing by the Design ENGINEER, larger vibratory compaction
equipment may be allowed if operated in a static mode only. The
CONTRACTOR shall be responsible for all damages/claims resulting from its
compaction activities on the surrounding neighborhood and its residents.
SUMMARY OF WORK
01010-21
City of Miami Beach
South Pointe Park
Project Manual
26 May 06
1.28 REPORTING OF DAMAGE CLAIMS
A. The CONTRACTOR shall keep the CITY informed of any damage claims made
against the CONTRACTOR during the construction period. All claims for
automobile damage, property damage andlor bodily injury will be reported to the
CITY within 24 hours of receipt of notice. CONTRACTOR will conduct a timely
investigation of the claim and determine if they will honor claim and/or report to
their insurance carrier and provide periodic updates, each quarter, until final
disposition of claims. CONTRACTOR will advise the CITY in writing of its
decisionlreferral to carrier.
1.29 PERMITS
A. It shall be the CONTRACTOR's responsibility to secure all permits of every
description required to initiate and complete the work under this Contract,
except for permits previously obtained by the CITY. Copies shall be provided to
the CONTRACTOR.
B. The CONSULTANT will furnish signed and sealed sets of Contract Documents
for permit use as required.
C. The CONTRACTOR shall furnish to the CITY and CONSULTANT copies of all
permits prior to commencement of work requiring permits.
1.30 SITE CONDITIONS
A. The CONTRACTOR acknowledges that it has investigated prior to bidding and
satisfied itself as to the conditions affecting the Work, including but not restricted
to those bearing upon transportation, disposal, handling and storage of
materials, availability of labor, water, electric power, roads and uncertainties of
weather, river stages, tides, water tables or similar physical conditions at the
site, the conformation and conditions of the ground, the character of equipment
and facilities needed preliminary to and during prosecution of the Work. The
CONTRACTOR further acknowledges that it has satisfied itself as to the
character, quality and quantity of surface and subsurface materials or obstacles
to be encountered insofar as this information is reasonably ascertainable from
an inspection of the site, or any contiguous site, as well as from information
presented by the Drawings and Specifications made a part of this Contract, or
SUMMARY OF WORK 01010 - 22
City of Miami Beach
South Pointe Park
Project Manual
26 May 06
any other information made available to it prior to receipt of Bids. Any failure by
the CONTRACTOR to acquaint itself with the available information will not
relieve it from responsibility for estimating properly the difficulty or cost of
successfully performing the Work. The CITY assumes no responsibility for any
conclusions or interpretations made by the CONTRACTOR on the basis of the
information made available by the CITY.
1.31 DIMENSIONS OF EXISTING FACILITIES
A. Where the dimensions and locations of existing improvements are of critical
importance in the installation or connection of new work, the CONTRACTOR
shall verify such dimensions and locations in the field prior to the fabrication
andlor installation of materials or equipment which are dependent on the
correctness of such information.
PART 2 - PRODUCTS (Not Applicable)
PART 3 - EXECUTION (Not Applicable)
- END OF SECTION -
SUMMARY OF WORK
01010-23
City of Miami Beach
South Pointe Park
Project Manual
26 May 06
SECTION 01025 - MEASUREMENT AND PAYMENT
PART 1 - GENERAL
1.01 THE REQUIREMENT
A. Payment for various items of the Bid Schedule, as further specified herein, shall
include all compensation to be received by the CONTRACTOR for furnishing all
tools, equipment, supplies, and manufactured articles, and for all labor
operations and incidentals appurtenant to the items of work being described, as
necessary to complete the various items of the WORK all in accordance with
requirements of the Contract Documents, including all appurtenances thereto,
and including all costs of permits and cost of compliance with the regulations of
public agencies having jurisdiction, including Safety and Health Requirements of
the Occupational Safety and Health Administration of the U.S. Department of
Labor (OSHA). No separate payment will be made for any item that is not
specifically set forth in the Bid Schedule, and all costs therefore shall be
included in the prices named in the Bid Schedule for the various appurtenance
items of work.
B. Payment for the various items of the Schedule of Values shall constitute full
compensation for all professional and construction services by the
CONTRACTOR as noted in the Specifications, Construction Documents, and
any other applicable components.
C. No separate payment for pavement restoration will be made unless specifically
shown on the plans or directed by the CITY andlor CONSULTANT. All bid
items shall include pavement restoration.
D. The CONTRACTOR's attention is called to the fact that the quotations provided
for the various bid items on the Bid Schedule are intended to establish a total
price for completing the Work in its entirety. Should the CONTRACTOR feel
that the cost for any item of Work has not been established by the Schedule of
Payment Items in this Section, it shall include the cost for that Work in some
other applicable bid item, so that its proposal for the project does reflect its total
price for completing the Work in its entirety.
MEASUREMENT AND PAYMENT
01025-1
City of Miami Beach
South Pointe Park
Project Manual
26 May 06
1.02 MOBILIZATION
A. See the Section entitled, "Mobilization".
B. Payment for mobilization will be made at the lump sum price named in the Bid
Schedule. Payment for mobilization will be made in equal monthly amounts
during the duration of the contract time.
1.03 MAINTENANCE OF TRAFFIC
A. See the Sections entitled "Traffic Regulation" and the Section entitled "Summary
of Work".
B. Payment for maintenance of traffic will be made at the lump sum price named in
the Bid Schedule. Payment for maintenance of traffic will be made in equal
monthly amounts during the duration of the contract time.
1.04 CONSIDERATION FOR INDEMNIFICATION (CITY)
A. Measurement for payment for consideration for indemnification of the CITY will
based upon the lump sum price named for such work, all in accordance with the
requirements of the Contract Documents.
B. Payment will be twenty-five dollars for consideration for indemnification named
in the Bid Schedule and shall constitute full compensation for indemnifying the
CITY, as specified on the Contract Documents.
1.05 PERMIT FEES BASE BID SCHEDULE
A. Measurement for payment for permit fees will be based upon the actual permit
fees required by the CONTRACTOR from the various agencies having
jurisdiction for construction of the project, all in accordance with the Contract
Documents. The allowance permit fee amount shown on the Bid Schedule is an
estimate of permit fees required for the project and is cost pass through item.
These permit fees are based on unit price per item and CITY will reconcile the
actual cost with the CONTRACTOR by change order. The CONTRACTOR
shall produce documentation upon request verifying actual cost. Only permit
fees substantiated and approved by the CITY will be paid as part of this bid
item. Amounts remaining unused in this allowance shall be credited back to
MEASUREMENT AND PAYMENT
01025 - 2
City of Miami Beach
South Pointe Park
Project Manual
26 May 06
CITY at project completion.
B. Because payment for permit fees will be paid as part of this bid item, payment
for permit fees will not be paid as part of mobilization as stipulated in the Section
entitled "Mobilization".
1.06 SCHEDULE OF PAYMENT VALUES
A. The CONTRACTOR shall submit a Schedule of Payment Values. The schedule
shall contain the installed value of the component parts of Work for the purpose
of making progress payments during the construction period.
B. The schedule shall be given in sufficient detail for proper identification of Work
accomplished. The Schedule of Payment Values shall directly correlate to each
activity outlined in the construction progress schedule and the construction
network analysis (specified in the Section entitled "Submittals") to accurately
relate construction progress to the requested payment. Each item shall include
its proportional share of all costs including the CONTRACTOR's overhead,
contingencies and profit. The sum of all scheduled items shall equal the total
value of the Contract as awarded by the CITY.
C. If the CONTRACTOR anticipates the need for payment for materials stored on
the project site or. off-site in bonded warehouse, it shall also submit a separate
list covering the cost of materials, delivered and unloaded with taxes paid. This
list shall also include the installed value of the item with coded reference to the
Work items in the Schedule of Payment Values. Similar procedures shall be
employed for undelivered specifically manufactured equipment and materials as
specified herein. Payment for stored materials shall comply with requirements
of the General Conditions.
D. The CONTRACTOR's Professional Land Surveyor will measure all "record"
quantities for payment. In the event of disputes as to quantity, the CITY shall
make the final determination; no additional compensation will be made for
surveying services. This work shall be supervised by a Florida Licensed
Registered Professional Land Surveyor.
MEASUREMENT AND PAYMENT
01025-3
City of Miami Beach
South Pointe Park
Project Manual
26 May 06
PART 2 - PRODUCTS (Not Applicable)
PART 3 - EXECUTION (Not Applicable)
- END OF SECTION -
MEASUREMENT AND PAYMENT
01025 - 4
City of Miami Beach
South Pointe Park
Project Manual
26 May 06
SECTION 01031 - GENERAL PROJECT PROCEDURES
PART 1 - GENERAL
1.01 THE REQUIREMENT
A. The CONTRACTOR shall coordinate work of all trades and schedule elements
of alterations and renovation work by procedure and methods to expedite
completion of the work.
B. In addition to demolition work specified in the section entitled "Demolition", the
CONTRACTOR shall move andlor remove items necessary to provide access
or to allow alterations and new work to proceed. Included in such items are:
1. Repair or removal of hazardous or unsanitary conditions.
2. Removal of abandoned items and items serving no useful purpose, such
as abandoned piping, conduit and wiring, to the extent they interfere with
new installations.
3. Removal of unsuitable or extraneous materials not marked for salvage,
such as abandoned furnishings and equipment, and debris such as rotted
wood, rusted metals and deteriorated concrete, to the extent they
interfere with new installations.
4. Cleaning of surfaces, and removal of surface finished as needed to install
new work and finishes.
5. Protection as required of existing trees to remain.
6. All existing underground utilities, to the extent they interfere with new
installations.
7. Site storage for all existing benches, signals, light poles, fire hydrants,
covers and grates to be relocated.
C. The CONTRACTOR shall patch, repair and refinish existing items to remain, to
the specified condition for each material, with a workmanlike transition to
adjacent new items of construction.
GENERAL PROJECT PROCEDURES
01031 -1
City of Miami Beach
South Pointe Park
Project Manual
26 May 06
1.02 RELATED WORK SPECIFIED ELSEWHERE
A. All applicable sections of these Specifications.
B. General Conditions.
1.03 ALTERATIONS, CUTTING AND PROTECTION
A. The CONTRACTOR shall assign the work of moving, removal, cutting, patching
and protection to trades qualified to perform the work in a manner to cause least
damage to each type of work, and provide means of returning surfaces to
appearance of new work.
B. The CONTRACTOR shall perform cutting and removal work to remove the
minimum necessary, and in a manner as required, to avoid damage to adjacent
work, including the cutting of finish surfaces such as paving, masonry, tile,
plaster or metals, by methods to terminate surfaces in a straight line at a natural
point of division.
C. Perform cutting and patching as specified in the section entitled "Cutting and
Patching".
D. Protect existing finishes, equipment, and adjacent work which is scheduled to
remain, from damage.
E. If, in the opinion of the City, patch or repair will not result in a like and kind pre-
existing condition, full replacement will be required by Contractor at no
additional cost to the City.
PART 2 - PRODUCTS
2.01 PRODUCTS FOR PATCHING, EXTENDING AND MATCHING
A. The CONTRACTOR shall comply with the following general requirements so
that the work may be completed:
1. Provide the same products or types of construction as that in existing
structure, as needed to patch, extend or match existing work. Generally
the Contract Documents will not define products or standards of
GENERAL PROJECT PROCEDURES
01031 - 2
City of Miami Beach
South Pointe Park
Project Manual
26 May 06
workmanship present in existing construction. Hence, the CONTRACTOR
shall determine products and construction types in its inspection and any
necessary testing, and workmanship by use of the existing as a sample of
comparison.
2. Note that the presence of a product, finish, or type of construction,
requires that the CONTRACTOR patch, extend or match as necessary to
make the work complete and consistent with existing standards of quality.
PART 3 - EXECUTION
3.01 PERFORMANCE
A. The CONTRACTOR shall patch and extend existing work using skilled workers
capable of matching existing quality of workmanship. Quality of patched or
extended work shall be not less than that specified for new work.
3.02 DAMAGED SURFACES
A. The CONTRACTOR shall patch and replace any portion of an existing finished
surface which is found to be damaged, lifted, discolored, or shows other
imperfections, with matching material.
1. Provide adequate support of substrate prior to patching the finish.
2. Refinish patched portions of painted or coated surfaces in a manner to
produce uniform color and texture over entire surface.
3. When existing surface finish cannot be matched, refinish entire surface to
nearest intersections.
3.03 TRANSITION FROM EXISTING TO NEW WORK
A. When new work abuts or is finished flush with existing work, make a smooth and
workmanlike transition. Patched work shall match existing adjacent work in
texture and appearance so that the patch of transition is invisible at a distance
of five feet.
B. When finished surfaces are cut in such a way that a smooth transition with new
GENERAL PROJECT PROCEDURES
01031-3
City of Miami Beach
South Pointe Park
Project Manual
26 May 06
work is not possible, terminate existing surface in a neat manner along a
straight line at a natural line of division, and provide trim appropriate to finished
surface.
3.04 CLEANING
A. Perform periodic and final cleaning as specified in the Section entitled
"Cleaning".
B. At completion of the work of each trade, clean area and make surfaces ready for
work of successive trades.
C. At completion of alterations work in each area, provide final cleaning and return
space to a condition suitable for use.
PART 2 - PRODUCTS (Not Applicable)
PART 3 - EXECUTION (Not Applicable)
- END OF SECTION -
GENERAL PROJECT PROCEDURES
01031 - 4
City of Miami Beach
South Pointe Park
Project Manual
26 May 06
SECTION 01045 - CUTTING AND PATCHING
PART 1 - GENERAL
1.01 THE REQUIREMENT
A. The CONTRACTOR shall be responsible for all cutting, fitting and patching,
including attendant excavation and backfill, required to complete the work or to:
1. Make its several parts fit together properly.
2. Uncover portions of the work to provide for installation of ill-timed work.
3. Remove and replace defective work.
4. Remove and replace work not conforming to requirements of Contract
Documents.
5. Remove samples of installed work as specified for testing.
6. Provide routine penetrations of nonstructural surfaces for installation of
piping and electrical conduit.
1.02 RELATED WORK SPECIFIED ELSEWHERE
A. All applicable sections of the Specifications.
B. General Conditions.
1.03 SUBMITTALS
A. Submit a written request to CONSULTANT and CITY well in advance of
executing any cutting or alteration which affects:
1. Work of the CITY or any separate Contractor.
2. Structural value of integrity of any element of the project.
3. Integrity of effectiveness of weather-exposed or moisture-resistant
elements or systems.
CUTTING AND PATCHING
01045-1
City of Miami Beach
South Pointe Park
Project Manual
26 May 06
4. Efficiency, operational life, maintenance or safety of operational elements.
5. Visual qualities of sight-exposed elements.
B. Request shall include:
1. Identification of the project.
2. Description of the affected work.
3. The necessity for cutting, alteration or excavation.
4. Effect on work of CITY or any separate Contractor, or on structural or
weatherproof integrity of project.
5. Description of proposed work:
a. Scope of cutting, patching, alteration, or excavation.
b. Trades who will execute the work.
c. Products proposed to be used.
d. Extent of refinishing to be done.
6. Alternatives to cutting and patching.
7. Written permission of any separate Contractor or property whose work
will be affected.
C. Should conditions of work or the schedule indicate a change of products from
the original installation, CONTRACTOR shall submit request for substitution as
specified in the General Conditions.
D. Submit written notice to CONSULTANT and CITY designating the date and time
the work will be uncovered.
CUTTING AND PATCHING
01045 - 2
City of Miami Beach
South Pointe Park
Project Manual
26 May 06
PART 2 - PRODUCTS
2.01 MATERIALS
A. Comply with specifications and standards for each specific product involved.
PART 3 - EXECUTION
3.01 INSPECTION
A. The CONTRACTOR shall inspect existing conditions of project, including
elements subject to damage or to movement during cutting and patching.
B. After uncovering the work, inspect conditions affecting installation of products, or
performance of work.
C. Report unsatisfactory or questionable conditions affecting installation of
products, or performance of work, in advance of installation, or performance of
work.
3.02 PREPARATION
A. Provide adequate temporary support as necessary to assure structural value or
integrity of affected portion of work.
B. Provide devices and methods to protect other portions of project from damage.
C. Provide protection from elements for that portion of the project which may be
exposed by cutting and patching work, and maintain excavations free from
water.
3.03 PERFORMANCE
A. Execute cutting and demolition by methods which will prevent damage to other
work, and will provide proper surfaces to receive installation of repairs.
B. Execute excavating and backfilling by methods which will prevent settlement or
damage to other work.
C. Employ original Installer or Fabricator to perform cutting and patching for:
CUTTING AND PATCHING
01045 - 3
City of Miami Beach
South Pointe Park
Project Manual
26 May 06
1. Weather-exposed or moisture-resistant elements.
2. Sight-exposed finished surfaces.
D. Execute fitting and adjustment of products to provide a finished installation to
comply with specified product, functions, tolerances and finishes.
E. Restore work which has been cut or removed; install new products to provide
completed work in accordance with requirements of Contract Documents.
F. Fit work airtight to pipes, sleeves, ducts, conduit and other penetrations through
surfaces.
G. Refinish entire surfaces as necessary to provide an even finish to match
adjacent finishes:
1. For continuous surfaces, refinish to nearest intersection.
2. For an assembly, refinish entire unit.
3.04 MEASUREMENT AND PAYMENT
A. There shall be no special measurement or payment for the work under this
section, it shall be included in the unit price bid of any item requiring cutting and
patching, including pavement restoration.
- END OF SECTION -
CUTTING AND PATCHING
01045 - 4
City of Miami Beach
South Pointe Park
Project Manual
26 May 06
SECTION 01050 - FIELD ENGINEERING
PART 1 - GENERAL
1.01 THE REQUIREMENT
A. The CONTRACTOR shall provide and pay for field engineering and Survey
services required for the project except as otherwise noted.
B. All elevators shall reference NA VD Datum, unless otherwise noted.
1.02 RELATED WORK SPECIFIED ELSEWHERE
A. All applicable sections of the Specifications.
B. General Conditions.
1.03 QUALIFICATIONS OF SURVEYOR OR ENGINEER
A. Qualified engineer or registered Professional Land Surveyor, acceptable to the
CITY.
1.04 SURVEY REFERENCE POINTS
A. The CONSULTANT has provided reference points with horizontal and vertical
control, located as shown on the plans.
B. The CONTRACTOR shall locate and protect control points prior to starting site
construction work, and preserve all permanent reference points during
construction.
1. Make no changes or relocations without prior written authorization from
the CONSULTANT.
2. Report to CONSULTANT and CITY when any reference point is lost or
destroyed, or requires relocation because of necessary changes in
grades or locations.
3. The CONTRACTOR's surveyor shall replace project control points which
may be lost or destroyed, based on the original survey control.
FIELD ENGINEERING
01050 -1
City of Miami Beach
South Pointe Park
Project Manual
26 May 06
1.05 PROJECT SURVEY REQUIREMENTS
A. CONTRACTOR's surveyor shall establish a minimum of two permanent bench
marks on site, referenced to data established by survey control points.
B. CONTRACTOR shall establish lines and levels, locate and layout, by
instrumentation and similar appropriate means:
1. Stakes for grading and fill placement.
2. Controlling lines and levels as required.
C. From time to time, verify layouts by same methods.
1.06 RECORDS
A. The CONTRACTOR shall maintain a complete, accurate log of all control and
survey work as it progresses.
B. On completion of construction work, prepare a certified survey showing all
dimensions, locations and elevations of project.
1.07 SUBMITTALS
A. Submit name and address of Professional Land Surveyor and Professional
engineer to CONSULTANT and/or CITY.
B. On request of CONSULTANT and/or CITY submit documentation to verify
accuracy of field engineering work.
C. Submit certificate signed by Registered Engineer or Professional Land Surveyor
certifying that elevation and locations of work are in conformance with Contract
Documents.
PART 2 - PRODUCTS (Not Applicable)
PART 3 - EXECUTION (Not Applicable)
- END OF SECTION -
FIELD ENGINEERING
01050 - 2
City of Miami Beach
South Pointe Park
Project Manual
26 May 06
SECTION 01060 - REGULATORY REQUIREMENTS & PERMITS
PART 1 - GENERAL
1.01 THE REQUIREMENT
A. The CONTRACTOR shall comply with all Federal, State, and local {Miami-Dade
County and City of Miami Beach} building codes, laws and/or ordinances
appropriate to the project, including those noted in Section entitled "Summary of
Work".
B. CONTRACTOR shall comply with these codes, laws, regulations, rules,
directives of all agencies, boards, districts, and governmental bodies having
jurisdiction.
C. CONTRACTOR shall obtain and pay the cost of all building permits, fees, tie-in
or connection charges associated with the project.
1.02 RELATED WORK SPECIFIED ELSEWHERE
A. All applicable sections of the Specifications.
B. General Conditions.
1.03 MEASUREMENT AND PAYMENT
A. CONTRACTOR shall be reimbursed for permit fees as described in the Section
entitled "Measurement and Payment".
B. There shall be no special measurement or payment for the work under this
section, it shall be included in the lump sum bid price, except as noted in Article
1.03 A above.
PART 2 - PRODUCTS (Not Applicable)
PART 3 - EXECUTION (Not Applicable)
- END OF SECTION -
REGULATORY REQUIREMENTS & PERMITS
01060 - 1
City of Miami Beach
South Pointe Park
PART 1 GENERAL
Project Manual
26 May 06
SECTION 01070 - ABBREVIATIONS
1.01 THE REQUIREMENTS
A. Wherever in these Specifications references are made to the standards,
specifications, or other published data of the various international, national,
regional, or local organizations, such organizations may be referred to by their
acronym or abbreviation only. As a guide to the user of these Specifications,
the following acronyms or abbreviations which may appear in these
Specifications shall have the meanings indicated herein.
1.02 ABBREVIATIONS
AA
AAMA
AAR
AASHTO
AATCC
ACI
ACOE
AFBMA
AGA
AGMA
AHAM
AI
AlA
AISC
AISI
AITC
AMCA
ANS
ANSI
APA
ABBREVIATIONS
Aluminum Association
Architectural Aluminum Manufacturer's Association
Association of American Railroads
American Association of State Highway and Transportation
Officials
American Association of Textile Chemists and Colorists
American Concrete Institute
Army Corps of Engineers
Anti-Friction Bearing Manufacturer's Association, Inc.
American Gas Association
American Gear Manufacturers Association
Association of Home Appliance Manufacturers
The Asphalt Institute
American Institute of Architects
American Institute of Steel Construction
American Iron and Steel Institute
American Institute of Timber Construction
Air Moving and Conditioning Association
American Nuclear Society
American National Standards Institute, Inc.
American Plywood Association
01070 - 1
City of Miami Beach
South Pointe Park
API
APWA
ASA
ASAE
ASCE
ASH RAE
ASLE
ASME
ASQC
ASSE
ASTM
AWPA
AWPI
AWS
AWNA
BBC
BHMA
CBM
CEMA
CGA
CLFMI
CMA
CRSI
DERM
DIPRA
DOH
EIA
ETL
EPA
FDEP
FDOT
FM
FPL
ABBREVIATIONS
Project Manual
26 May 06
American Petroleum Institute
American Public Works Association
American Standards Association
American Society of Agricultural Engineers
American Society of Civil Engineers
American Society of Heating, Refrigerating, and Air Conditioning
Engineers
American Society of Lubricating Engineers
American Society of Mechanical Engineers
American Society for Quality Control
American Society of Sanitary Engineers
American Society for Testing and Materials
American Wood Preservers Association
American Wood Preservers Institute
American Welding Society
American Water Works Association
Basic Building Code, Building Officials and Code Administrators
International
Builders Hardware Manufacturer's Association
Certified Ballast Manufacturers
Conveyors Equipment Manufacturer's Association
Compressed Gas Association
Chain Link Fence Manufacturer's Institute
Concrete Masonry Association
Concrete Reinforcing Steel Institute
Department of Environmental Resource Management
Ductile Iron Pipe Research Association
Department of Health
Electronic Industries Association
Electrical Test Laboratories
Environmental Protection Agency
Florida Department of Environmental Protection
Florida Department of Transportation
Factory Mutual System
Florida Power & Light
01070 - 2
-)
City of Miami Beach
South Pointe Park
FS
HI
HRS
IAPMO
ICBO
IEEE
IES
IME
IP
IPC
IPCEA
ISA
ISO
ITE
MBMA
MDWASA
MPTA
MSS
MTI
NAAMM
NACE
NBS
NCClS
NEC
NEMA
NFPA
NFPA
NLGI
NMA
NSF
NWMA
OSHA
PCA
PPI
RCRA
ABBREVIATIONS
Project Manual
26 May 06
Federal Specifications
Hydronics Institute
Department of Health and Rehabilitative Services
International Association of Plumbing and Mechanical Officials
International Conference of Building Officials
Institute of Electrical and Electronics Engineers
Illuminating Engineering Society
Institute of Makers of Explosives
Institute of Petroleum (london)
Institute of Printed Circuits
Insulated Power Cable Engineers Association
Instrument Society of America
International Organization for Standardization
Institute of Traffic Engineers
Metal Building Manufacturer's Association
Miami-Dade Water and Sewer Authority
Mechanical Power Transmission Association
Manufacturers Standardization Society
Marine Testing Institute
National Association of Architectural Metal Manufacturer's
National Association of Corrosion Engineers
National Bureau of Standards
National Committee for Clinical laboratory Standards
National Electrical Code
National Electrical Manufacturer's Association
National Fire Protection Association
National Forest Products Association
National lubricating Grease Institute
National Microfilm Association
National Sanitation Foundation
National Woodwork Manufacturers Association
Occupational Safety and Health Administration
Portland Cement Association
Plastics Pipe Institute
Resource Conservation and Recovery Act
01070 - 3
City of Miami Beach
South Pointe Park
RIS
RVIA
RWMA
SAE
SAMA
SB
SFBC
SFWMD
SMA
SMACCNA
SPI
SPIB
SPR
SSA
SSBC
SSPC
SSPWC
TAPPI
TFI
UBC
UL
WCLlB
WCRSI
WEF
WRI
WWPA
Project Manual
26 May 06
Redwood I nspection Service
Recreational Vehicle Industry Association
Resistance Welder Manufacturer's Association
Society of Automotive Engineers
Scientific Apparatus Makers Association
Southern Bell
South Florida Building Code, Miami-Dade Edition
South Florida Water Management District
Screen Manufacturers Association
Sheet Metal and Air Conditioning Contractors National Association
Society of the Plastics Industry, Inc.
Southern Pine Inspection Bureau
Simplified Practice Recommendation
Swedish Standards Association
Southern Standard Building Code, Southern Building Code
Congress
Steel Structures Painting Council
Standard Specifications for Public Works Construction
Technical Association of the Pulp and Paper Industry
The Fertilizer Institute
Uniform Building Code
Underwriters Laboratories, Inc.
West Coast Lumber Inspection Bureau
Western Concrete Reinforcing Steel Institute
Water Environment Federation
Wire Reinforcement Institute, Inc.
Western Wood Products Association
PART 2 - PRODUCTS (Not Applicable)
PART 3 - EXECUTION (Not Applicable)
ABBREVIATIONS
- END OF SECTION -
01070 - 4
City of Miami Beach
South Pointe Park
Project Manual
26 May 06
SECTION 01090 - REFERENCE STANDARDS
PART 1 GENERAL
1.01 THE REQUIREMENT
A. Titles of Sections and Paraaraphs: Captions accompanying specification
sections and paragraphs are for convenience of reference only, and do not form
a part of the Specifications.
B. Applicable Publications: Whenever in these Specifications references are made
to published specifications, codes, standards, or other requirements, it shall be
understood that wherever no date is specified, only the latest specifications,
standards, or requirements of the respective issuing agencies which have been
published as of the date that the work is advertised for bids, shall apply; except
to the extent that said standards or requirements may be in conflict with
applicable laws, ordinances, or governing codes. No requirements set forth
herein or shown on the Drawings shall be waived because of any provision of,
or omission from, said standards or requirements.
C. Specialists. Assignments: In certain instances, specification text requires (or
implies) that specific work is to be assigned to specialists or expert entities, who
must be engaged for the performance of that work. Such assignments shall be
recognized as special requirements over which the CONTRACTOR has no
choice or option. These requirements shall not be interpreted so as to conflict
with the enforcement of codes and similar regulations governing the work; also
they are not intended to interfere with local union jurisdiction settlements and
similar conventions. Such assignments are intended to establish which party or
entity involved in a specific unit of work is recognized as "expert" for the
indicated construction processes or operations. Nevertheless, the final
responsibility for fulfillment of the entire set of contract requirements remains
with the CONTRACTOR.
1.02 REFERENCE SPECIFICATIONS, CODES, AND STANDARDS
A. Without limiting the generality of other requirements of the Specifications, all
work specified herein shall conform to or exceed the requirements of applicable
codes and the applicable requirements of the following documents.
REFERENCE STANDARDS
01 090 - 1
City of Miami Beach
South Pointe Park
Project Manual
26 May 06
B. References herein to "Building Code" shall mean "South Florida Building Code".
Reference to "Uniform Building Code" shall mean Uniform Building Code of the
International Conference of Building Officials (ICBO). Similarly, references to
"Mechanical Code" or "Uniform Mechanical Code," "Plumbing Code" or "Uniform
Plumbing Code," "Fire Code" or "Uniform Fire Code," shall mean Uniform
Mechanical Code, Uniform Plumbing Code and Uniform Fire Code of the
International Conference of the Building Officials (ICBO). "Electric Code" or
"National Electric Code (NEC)" shall mean the National Electric Code of the
National Fire Protection Association (NFPA). The latest edition of the codes as
approved by the Municipal Code and used by the local agency as of the date
that the WORK is advertised for bids, as adopted by the agency having
jurisdiction, shall apply to the WORK herein, including all addenda,
modifications, amendments, or other lawful changes thereto.
C. In case of conflict between codes, reference standards, drawings and the other
Contract Documents, the most stringent requirements shall govern. All conflicts
shall be brought to the attention of the CONSULTANT for clarification and
directions prior to ordering or providing any materials or furnishing labor. The
CONTRACTOR shall bid to the most stringent requirements.
D. The CONTRACTOR shall construct the work specified herein in accordance
with the requirements of the Contract Documents and the referenced portions of
those referenced codes, standards, and specifications listed herein.
E. Aoolicable Standard Soecifications: References in the Contract Documents to
"Standard Specifications" or SSPWC shall mean the Standard Specifications for
Public Works Construction, 1991 Edition.
F. References herein to "OSHA Regulations for Construction" shall mean Title 29,
Part 1926, Construction Safety and Health Regulations, Code of Federal
Regulations (OSHA), including all changes and amendments thereto.
G. References herein to "OSHA Standards" shall mean Title 29, Part 1910,
Occupational Safety and Health Standards, Code of Federal Regulations
(OSHA), including all changes and amendments thereto.
H. Reference the section entitled "Summary of Work" for additional requirements.
REFERENCE STANDARDS
01090 - 2
City of Miami Beach
South Pointe Park
Project Manual
26 May 06
PART 2 - PRODUCTS (Not Applicable)
PART 3 - EXECUTION (Not Applicable)
- END OF SECTION -
REFERENCE STANDARDS
01090 - 3
City of Miami Beach
South Pointe Park
Project Manual
26 May 06
SECTION 01152 - APPLICATIONS FOR PAYMENT
PART 1 - GENERAL
1.01 THE REQUIREMENT
A. The CONTRACTOR shall submit Application for Payment to the CONSULTANT
in accordance with the schedule established by the General Conditions.
1.02 RELATED WORK SPECIFIED ELSEWHERE
A. General Conditions.
B. All applicable sections of the Specifications.
1.03 FORMAT AND DATE REQUIRED
A. Submit itemized applications in a Standard AlA Form 6702 and 6703, and the
noted cover sheet.
1.04 PREPARATION OF APPLICATION FOR EACH PROGRESS PAYMENT
A. Application Form:
1. Fill in required information, including that for Change Orders executed
prior to date of submittal of application.
2. Fill in summary of dollar values to agree with respective totals indicated
on continuation sheets.
3. Execute certification with signature of a responsible officer of Contract
firm.
B. Continuation Sheets:
1. Fill in total list of all scheduled component items of work, with item
number and scheduled dollar value for each item.
2. Fill in the value in each column for each scheduled line item when work
has been performed.
APPLICATIONS FOR PAYMENT
01152 -1
City of Miami Beach
South Pointe Park
Project Manual
26 May 06
3. List each Change Order executed prior to date of submission, at the end
of the continuation sheets.
1.05 SUBSTANTIATING DATA FOR PROGRESS PAYMENTS
A. When the CONSULTANT requires substantiating data, CONTRACTOR shall
submit suitable information, with a cover letter identifying:
1. Project.
2. Application number and date.
3. Detailed list of enclosures.
4. For stored products (if applicable):
a. Item number and identification as shown on application.
b. Description of specific material.
5. Other information as may be deemed necessary.
B. Submit one copy of data and cover letter for each copy of application.
1.06 PREPARATION OF APPLICATION FOR FINAL PAYMENT
A. Fill in Application form as specified for progress payments.
B. Use continuation sheet for presenting the final statement of accounting as
specified in Section entitled "Contract Closeout".
1.07 SUBMITTAL PROCEDURE
A. Submit Applications for Payment to CONSULTANT at the times stipulated in the
General Conditions.
B. Number: Five copies of each Application.
C. When CONSULTANT finds Application properly completed and correct, it will be
transmitted to CITY for payment to the CONTRACTOR.
APPLICATIONS FOR PAYMENT
01152 - 2
City of Miami Beach
South Pointe Park
Project Manual
26 May 06
PART 2 - PRODUCTS (Not Applicable)
PART 3 - EXECUTION (Not Applicable)
- END OF SECTION -
APPLICATIONS FOR PAYMENT
01152 - 3
City of Miami Beach
South Pointe Park
Project Manual
26 May 06
SECTION 01200 - PROJECT MEETINGS
PART 1 - GENERAL
1.01 THE REQUIREMENTS
A. The CONSULTANT shall schedule and administer preconstruction, weekly
progress and specialty meetings throughout the progress of the WORK. As a
part of its duties, the CONSULTANT shall:
1. Prepare or have prepared agenda for meetings.
2. Make physical arrangements for meetings.
3. Preside at meetings.
4. Record or have recorded the minutes; include significant proceedings and
decisions.
5. Timely reproduce and distribute copies of minutes after each meeting.
a. To participants in the meeting.
b. To parties affected by decisions made at the meeting, as deemed
necessary.
B. Representative of CONTRACTOR, subcontractor and suppliers attending
meetings shall be qualified and authorized to act on behalf of the entity each
represents.
C. The CONSULTANT shall attend all meetings.
1.02 RELATED WORK SPECIFIED ELSEWHERE
A. All applicable sections of the Specifications.
B. General Conditions.
1.03 PRE-CONSTRUCTION MEETING
A. Schedule at CONSULTANT'S direction.
PROJECT MEETINGS
01200 - 1
City of Miami Beach
South Pointe Park
Project Manual
26 May 06
B. Location: A central site, convenient for all parties, designated by CITY.
C. Attendance:
1. The CONTRACTOR and its superintendent, major subcontractors and
suppliers.
2. CONSULTANT and its professional consultants.
3. Representatives of the CITY.
4. Others as requested by CONTRACTOR, CITY, and/or CONSULTANT.
D. Suggested Agenda:
1. Distribution and discussion of:
a. List of major subcontractors and suppliers (by CONTRACTOR).
b. Projected Construction Schedules (by CONTRACTOR).
c. Shop drawings and other submittals (by CONTRACTOR).
d. Traffic maintenance plan (by CONTRACTOR).
e. Community Public Relations (by CITY)
2. Critical work sequencing (by CONTRACTOR).
3. Procurement of major equipment and materials requiring a long lead time
(by CONTRACTOR).
4. Project Coordination (ALL PARTIES)
a. Designation of responsible personnel.
5. Procedures and processing of (by CONSULTANT & CITY):
a. Field decisions.
b. Proposal requests.
PROJECT MEETINGS
01200-2
City of Miami Beach Project Manual
South Pointe Park 26 May 06
c. Submittals.
d. Change Orders.
e. Applications for Payment
6. Adequacy of distribution of Contract Documents (by CONSULTANT)
7. Procedures for maintaining Record Documents (by CONSULTANT)
8. Use of premises (by CONSULTANT):
a. Office, work and storage areas.
b. CITY's requirements.
9. Construction facilities, controls and construction aids (by
CONTRACTOR).
10. Temporary utilities (by CONTRACTOR).
11. Safety procedures (by CONTRACTOR).
12. Security procedures (by CONTRACTOR).
13. Housekeeping procedures (by CONTRACTOR).
1.04 PROGRESS MEETINGS
A. Attend regular weekly meetings on a day established by the CONSULTANT, as
required.
B. Hold called meetings as required by progress of the WORK.
C. Location of the meetings: At location determined by CITY.
D. Attendance
1. CONSULTANT and its professional consultants as needed.
2. CONTRACTOR and its subcontractors and suppliers, as required.
PROJECT MEETINGS
01200 - 3
City of Miami Beach
South Pointe Park
Project Manual
26 May 06
3. Governmental representatives as appropriate.
4. Others, as requested by CONTRACTOR, CITY, and/or CONSULTANT.
E. Suggested Agenda:
1. Review, approval of minutes of previous meeting (ALL PARTIES).
2. Review of work progress since previous meeting and two week look
ahead schedule (by CONTRACTOR).
3. Field observations, problems, conflicts (ALL PARTIES)
4. Problems which impeded Construction Schedule (By CONTRACTOR,
Resident Representative).
5. Corrective measures and procedures to regain projected schedule (by
CONTRACTOR).
6. Review of off-site fabrication, delivery schedules (by CONTRACTOR).
7. Community Public Relations (ALL PARTIES)
8. Review submittal schedules; expedite as required (by CONSULTANT).
9. Pending changes and substitutions (by CONSULTANT).
10. Permit Status (ALL PARTIES).
11. Testing Status (by CONTRACTOR).
12. Payments to CONTRACTOR (by CITY).
13. Other business.
PART 2 - PRODUCTS (Not Applicable)
PART 3 - EXECUTION (Not Applicable)
- END OF SECTION -
PROJECT MEETINGS
01200 - 4
City of Miami Beach
South Pointe Park
Project Manual
26 May 06
SECTION 01200 - PROJECT MEETINGS
PART 1 - GENERAL
1.01 THE REQUIREMENTS
A. The CONSULTANT shall schedule and administer preconstruction, weekly
progress and specialty meetings throughout the progress of the WORK. As a
part of its duties, the CONSULTANT shall:
1. Prepare or have prepared agenda for meetings.
2. Make physical arrangements for meetings.
3. Preside at meetings.
4. Record or have recorded the minutes; include significant proceedings and
decisions.
5. Timely reproduce and distribute copies of minutes after each meeting.
a. To participants in the meeting.
b. To parties affected by decisions made at the meeting, as deemed
necessary .
B. Representative of CONTRACTOR, subcontractor and suppliers attending
meetings shall be qualified and authorized to act on behalf of the entity each
represents.
C. The CONSULTANT shall attend all meetings.
1.02 RELATED WORK SPECIFIED ELSEWHERE
A. All applicable sections of the Specifications.
B. General Conditions.
1.03 PRE-CONSTRUCTION MEETING
A. Schedule at CONSULTANT'S direction.
PROJECT MEETINGS
01200-1
City of Miami Beach
South Pointe Park
Project Manual
26 May 06
B. Location: A central site, convenient for all parties, designated by CITY.
C. Attendance:
1. The CONTRACTOR and its superintendent, major subcontractors and
suppliers.
2. CONSULTANT and its professional consultants.
3. Representatives of the CITY.
4. Others as requested by CONTRACTOR, CITY, and/or CONSULTANT.
D. Suggested Agenda:
1. Distribution and discussion of:
a. List of major subcontractors and suppliers (by CONTRACTOR).
b. Projected Construction Schedules (by CONTRACTOR).
c. Shop drawings and other submittals (by CONTRACTOR).
d. Traffic maintenance plan (by CONTRACTOR).
e. Community Public Relations (by CITY)
2. Critical work sequencing (by CONTRACTOR).
3. Procurement of major equipment and materials requiring a long lead time
(by CONTRACTOR).
4. Project Coordination (ALL PARTIES)
a. Designation of responsible personnel.
5. Procedures and processing of (by CONSULTANT & CITY):
a. Field decisions.
b. Proposal requests.
PROJECT MEETINGS
01200 - 2
City of Miami Beach Project Manual
South Pointe Park 26 May 06
c. Submittals.
d. Change Orders.
e. Applications for Payment
6. Adequacy of distribution of Contract Documents (by CONSULTANT)
7. Procedures for maintaining Record Documents (by CONSULTANT)
8. Use of premises (by CONSULTANT):
a. Office, work and storage areas.
b. CITY's requirements.
9. Construction facilities, controls and construction aids (by
CONTRACTOR).
10. Temporary utilities (by CONTRACTOR).
11. Safety procedures (by CONTRACTOR).
12. Security procedures (by CONTRACTOR).
13. Housekeeping procedures (by CONTRACTOR).
1.04 PROGRESS MEETINGS
A. Attend regular weekly meetings on a day established by the CONSULTANT, as
required.
B. Hold called meetings as required by progress of the WORK.
C. Location of the meetings: At location determined by CITY.
D. Attendance
1. CONSULTANT and its professional consultants as needed.
2. CONTRACTOR and its subcontractors and suppliers, as required.
PROJECT MEETINGS
01200 - 3
City of Miami Beach
South Pointe Park
Project Manual
26 May 06
thereof shall be included in the CONTRACTOR's Bid Price(s).
1.05 WATER CONTROL
A. The CONTRACTOR shall provide methods to control surface water to prevent
damage to the project, the site, or adjoining properties. These may include:
control fill, grading and ditching to direct surface drainage away from
excavations, pits, tunnels and other construction areas; and to direct drainage to
proper runoff.
B. Provide, operate and maintain hydraulic equipment of adequate capacity to
control surface and water.
C. Dispose of drainage water in a manner to prevent flooding, erosion, or other
damage to any portion of the site or to adjoining areas.
D. The CONTRACTOR shall be responsible for any and all permits associated with
its Dewatering activities. The CONTRACTOR shall procure such permits at its
expense and submit copies to the CONSULTANT and CITY prior to
commencing work in the affected area. CONTRACTOR shall be reimbursed
from Permit Fee Draft Allowance account.
1.06 PEST CONTROL
A. The CONTRACTOR shall provide pest control as necessary to prevent
infestation of construction or storage areas.
1. Employ methods and use materials which will not adversely affect
conditions at the site or on adjoining properties.
2. Should the use of pesticides be considered necessary, submit an
informational copy of the proposed program to CITY with copies to the
CONSULTANT. Clearly indicate:
a. the area or areas to be treated.
b. the pesticide to be used, with a copy of the manufacturer's printed
instructions.
TEMPORARY CONTROLS
01560 - 2
City of Miami Beach Project Manual
South Pointe Park 26 May 06
c. the pollution preventative measures to be employed.
B. The use of any pesticide shall be in full accordance with the manufacturer's
printed instructions and recommendations.
1.07 RODENT CONTROL
A. The CONTRACTOR shall provide rodent control as necessary to prevent
infestation of construction or storage areas.
1. Employ methods and use materials which will not adversely affect
conditions at the site or on adjoining properties
2. Should the use of rodenticide be considered necessary, submit an
informational copy of the proposed program to CITY with copies to the
CONSULTANT. Clearly indicate:
a. the area or areas to be treated.
b. the rodenticide to be used, with a copy of the manufacturer's printed
instructions.
c. the pollution preventative measures to be employed.
B. The use of any rodenticide shall be in full accordance with the manufacturer's
printed instructions and recommendations.
1.08 DEBRIS CONTROL
A. The CONTRACTOR shall maintain all areas under CONTRACTOR's control
free of extraneous debris.
B. Initiate and maintain a specific program to prevent accumulation of debris at
construction site, storage and parking area, or along access roads and haul
routes.
1. Provide containers for deposit of debris as specified in the Section
entitled "Cleaning."
2. Prohibit overloading of trucks to prevent spillage on access and haul
TEMPORARY CONTROLS
01560 - 3
City of Miami Beach
South Pointe Park
Project Manual
26 May 06
routes.
a. Provide periodic inspection of traffic areas to enforce requirements.
b. Provide cleaning at areas as required by CITY.
C. Schedule periodic collections and disposal of debris as specified in Section
01710 - Cleaning.
1. Provide additional collections and disposal of debris whenever the
periodic schedule is inadequate to prevent accumulation.
1.09 POLLUTION CONTROL
A. The CONTRACTOR shall provide methods, means and facilities required to
prevent contamination of soil, water or atmosphere by the discharge of noxious
substances from construction operations. CONTRACTOR shall conform to all
applicable Federal, State, and local laws, including to those promulgated by
Miami-Dade Department of Environmental Research Management (DERM).
B. Provide equipment and personnel, perform emergency measures required to
contain any spillage, and to remove contaminated soils or liquids.
1. Excavate and dispose of any contaminated earth off-site and replace with
suitable compacted fill and topsoil.
C. Take special measures to prevent harmful substances from entering public
waters.
1. Prevent disposal of wastes, effluents, chemicals, or other such
substances adjacent to streams or in sanitary or storm sewers.
D. Provide systems for control of atmospheric pollutants.
1. Prevent toxic concentrations of chemicals.
2. Prevent harmful dispersal of pollutants into the atmosphere.
TEMPORARY CONTROLS
01560 - 4
City of Miami Beach
South Pointe Park
Project Manual
26 May 06
1.10 EROSION CONTROL
A. The CONTRACTOR shall plan and execute construction and earthwork, by
methods to control surface drainage from cuts and fills, and from borrow and
waste disposal areas to prevent erosion and sedimentation.
1. Hold the areas of bare soil exposed at one time to a minimum.
2. Provide temporary control measures such as berms, dikes and drains.
3. Provide silt screens as required to prevent surface water contamination.
B. Construct fills and waste areas by selective placement to eliminate surface silts
or clays which will erode.
C. Periodically inspect earthwork to detect any evidence of the start of erosion,
apply corrective measures as required to control erosion.
1.11 PRECAUTIONS DURING ADVERSE WEATHER
A. During adverse weather, and against the possibility thereof, the CONTRACTOR
shall take all necessary precautions so that the Work may be properly done and
satisfactory in all respects. When required, protection shall be provided by use
of tarpaulins, wood and building paper shelters, or other acceptable means.
The CONTRACTOR shall be responsible for all changes caused by adverse
weather.
B. The CITY may suspend construction operations at any time when, in its
judgment, the conditions are unsuitable or the proper precautions are not being
taken, whatever the weather conditions may be, in any season.
1.12 HURRICANE AND STORM WARNINGS
A. The CONTRACTOR shall take all precautions necessary to protect the job site
during hurricane and storm watches and warnings. As required by CITY,
CONTRACTOR shall submit a hurricane preparedness plan for review.
1.13 PERIODIC CLEANUP AND BASIC SITE RESTORATION
A. During construction, the CONTRACTOR shall regularly remove from the site all
TEMPORARY CONTROLS
01560 - 5
City of Miami Beach
South Pointe Park
Project Manual
26 May 06
accumulated debris and surplus materials of any kind which results from its
operations. Unused equipment and tools shall be stored at the
CONTRACTOR's yard or base of operations for the project.
B. The CONTRACTOR shall perform the cleanup work on a regular basis and as
frequently as ordered by the CONSULTANT and/or CITY. Basic site restoration
in a particular area shall be accomplished immediately following the installation
or completion of the required facilities in that area. Furthermore, such work shall
also be accomplished, when ordered by the CONSULTANT and/or CITY, if
partially completed facilities must remain incomplete for some time period due to
unforeseen circumstances.
C. Upon failure of the CONTRACTOR to perform periodic clean-up and basic
restoration of the site to the CONSULTANT'S and/or CITY'S satisfaction, the
CITY may, upon five days prior written notice to the CONTRACTOR, employ
such labor and equipment as it deems necessary for the purpose, and all costs
resulting thereof shall be charged to the CONTRACTOR and deducted from
amounts of money that it may be due.
1.14 MEASUREMENT AND PAYMENT
A. There shall be no measurement or payment for the work under this section. It
shall be deemed inclusive with the Project's lump sum bid price.
PART 2 - PRODUCTS (Not Applicable)
PART 3 - EXECUTION (Not Applicable)
- END OF SECTION -
TEMPORARY CONTROLS
01560 - 6
City of Miami Beach
South Pointe Park
Project Manual
26 May 06
SECTION 01570 - TRAFFIC REGULATIONS
PART 1 - GENERAL
1.01 THE REQUIREMENTS
A. The CONTRACTOR shall provide, operate and maintain equipment, services
and personnel for traffic control and protective devices, as required to expedite
vehicular traffic flow on haul routes, at site entrances, on-site access roads, and
parking areas.
B. The CONTRACTOR shall remove temporary equipment and facilities when no
longer required and restore grounds to their original or specified condition.
C. There shall be no separate payment for work under this heading. All coasts
associated with such shall be included in the CONTRACTOR's Bid Price(s).
1.02 RELATED WORK SPECIFIED ELSEWHERE
A. All applicable sections of the Specifications.
B. General Conditions of the Contract.
C. Summary of Work.
D. Temporary Environmental Controls.
1.03 TRAFFIC SIGNALS BARRIERS AND SIGNS
A. The CONTRACTOR shall provide and operate traffic control and directional
signals, furnish all barriers and/or signs as required to direct and maintain an
orderly flow of traffic in all areas under CONTRACTOR's control, or affected by
CONTRACTOR's operations, as required by jurisdictional agencies.
1.04 FLAGPERSON / OFF-DUTY POLICE OFFICER OVERSIGHT
A. The CONTRACTOR shall provide a trained flag person in accordance with
FDOT Standard Specifications for Road and Bridges, Section 102-3.2.4 or an
off-duty police officer when construction operations encroach on traffic lanes, as
may be required by jurisdictional agencies.
TRAFFIC REGULATIONS
01570 -1
City of Miami Beach
South Pointe Park
Project Manual
26 May 06
1.05 FLARES AND LIGHTS
A. The CONTRACTOR shall provide flares and lights during periods of low visibility
(as required):
1. To clearly delineate traffic lanes and to guide traffic.
2. For use of f1agperson in directing traffic.
B. The CONTRACTOR shall provide illumination of critical traffic and parking areas
(as required).
1. Maintain free vehicular access to and through parking areas.
2. Prohibit parking on or adjacent to access roads, or in non-designated
areas.
3. During periods when the operations have impacted the existing lighting
systems.
1.06 MAINTENANCE AND PROTECTION OF TRAFFIC
A. The CONTRACTOR shall provide all necessary traffic control devices to
redirect, protect, warn or maintain existing vehicular and pedestrian traffic during
the course of construction.
1.07 HAUL ROUTES
A. Consult with jurisdictional authorities, establish public thoroughfares which will
be used as haul routes and site access.
B. Confine construction traffic to designated haul routes.
C. Provide traffic control at critical areas of haul routes to expedite traffic flow, to
minimize interference with normal public traffic.
1.08 MEASUREMENT AND PAYMENT
A. There shall be no special measurement or payment for work under the section.
It shall be deemed inclusive in the Project's lump sum bid price.
TRAFFIC REGULATIONS
01570 - 2
City of Miami Beach
South Pointe Park
Project Manual
26 May 06
PART 2 - PRODUCTS (Not Applicable)
PART 3 - EXECUTION (Not Applicable)
- END OF SECTION -
TRAFFIC REGULATIONS
01570 - 3
City of Miami Beach
South Pointe Park
Project Manual
26 May 06
SECTION 01580 -PROJECT IDENTIFICATION SIGNS
PART 1 - GENERAL
1.01 THE REQUIREMENT
A. The CONTRACTOR shall furnish, install and maintain a project identification
sign as per CITY'S requirements.
B. The CONTRACTOR shall remove sign on completion of construction.
C. The CONTRACTOR shall allow no other signs to be displayed, except as may
otherwise by required by jurisdictional agencies.
1.02 RELATED WORK SPECIFIED ELSEWHERE
A. All applicable sections of the Specifications.
B. General conditions.
1.03 PROJECT IDENTIFICATION SIGN (Two Signs Required)
A. Two painted signs, with painted graphic content to include:
1. Title of project.
2. Name of CITY.
3. Names and titles of:
a. CONSULTANT.
b. ENGINEERS.
c. General CONTRACTOR.
d. Major subcontractors.
e. Authorities and Titles.
PROJECT IDENTIFICATION SIGNS
01580-1
City of Miami Beach
South Pointe Park
Project Manual
26 May 06
5. Funding sources.
6. Project logo sample as provided by CITY on disk, to be added on sign by
CONTRACTOR.
B. Graphic design, style of lettering, and colors: As per CITY'S standards.
C. Erect on the site at a location, as approved by CITY.
1.04 QUALITY ASSURANCE
A. Sign Painter: Professional experience in type of work required.
B. Finishes, Painting: Adequate to resist weathering and fading for scheduled
construction period.
PART 2 - PRODUCTS
2.01 SIGN MATERIALS
A. Structure and Framing: May be new or used, wood or metal, in sound condition
structurally adequate to work and suitable for specified finish.
B. Sian Surfaces: Exterior softwood plywood with medium density overlay,
standard large sizes to minimize joints.
C. Thickness: As required by standards to span framing members, to provide
even, smooth surface without wave or buckles.
D. Rough Hardware: Galvanized
E Paint: Exterior quality.
1. Colors for structure, framing, sign surfaces and graphics: As per CITY'S
standards.
PART 3 - EXECUTION
3.01 PROJECT IDENTIFICATION SIGN
A. Paint exposed surfaces of supports, framing and surface material; one coat of
PROJECT IDENTIFICATION SIGNS
01580 - 2
City of Miami Beach
South Pointe Park
Project Manual
26 May 06
primer and one coat of exterior paint.
B. Paint graphics in styles, sizes and colors selected.
3.02 MAINTENANCE
A. Maintain signs and supports in a neat, clean condition; repair damages to
structure, framing or sign.
3.03 REMOVAL
A. Remove signs, framing, supports and foundations at completion of project.
3.04 MEASUREMENT AND PAYMENT
A. There shall be no special measurement or payment for the work under this
section. It shall be deemed inclusive in the Project's lump sum bid price.
- END OF SECTION -
PROJECT IDENTIFICATION SIGNS
01580 - 3
City of Miami Beach
South Pointe Park
Project Manual
26 May 06
SECTION 01590 - CONTRACTOR'S FIELD OFFICE
PART 1 - GENERAL
1.01 THE REQUIREMENT
A. The CONTRACTOR shall furnish, install and maintain temporary field offices
during the entire construction period at a site secured by CONTRACTOR. If
available, the CITY may, under a supplemental agreement with CONTRACTOR,
provide a site for temporary field offices.
B. The CONTRACTOR shall furnish, install and maintain storage containers and
contents.
1.02 RELATED WORK SPECIFIED ELSEWHERE
A. All applicable sections of the Specifications.
B. General conditions.
1.03 OTHER REQUIREMENTS
A. Prior to installation of offices and storage containers, CONTRACTOR shall
obtain all necessary permits from the jurisdictional agencies.
1.04 REQUIREMENTS OF REGULATORY AGENCIES
A. Comply with requirements of all applicable Federal, State, and Local codes and
regulations.
1.0 REQUIREMENTS FOR FACILITIES
A. Construction
1. Structurally sound, weather-tight, with floors raised above ground.
2. Temperature transmission resistance: Compatible with occupancy and
storage requirements.
3. At CONTRACTOR'S option, portable or mobile buildings may be used.
CONTRACTOR'S FIELD OFFICE
01590-1
City of Miami Beach Project Manual
South Pointe Park 26 May 06
a. Mobile homes, when used, shall be modified for office use.
B. CONTRACTOR'S Office and Facilities:
1. Size: As required for general use and to provide space for project
meetings.
2. Lighting and temperature control.
3. Telephone: One direct line instrument, minimum.
4. Furnishings in meeting area.
a. Conference table and chairs for at least eight persons.
b. Racks and files for project Record Documents in or adjacent to the
meeting area.
5. Other furnishings: CONTRACTORS'S option.
6. Restrooms and potable water.
1.06 USE OF EXISTING FACILITIES
A. Existing facilities at the site shall not be used for field offices or for storage.
1.07 USE OF PERMANENT FACILITIES
A. Permanent facilities shall not be used for field offices or for storage.
PART 2 - PRODUCTS
2.01 MATERIALS, EQUIPMENT, FURNISHINGS
A. May be new or used, but must be serviceable, adequate for required purpose,
and must not violate applicable codes or regulations.
PART 3 - EXECUTION
3.01 PREPARATION
A. Fill and grade sites for temporary structures to provide surface drainage.
CONTRACTOR'S FIELD OFFICE
01590 - 2
City of Miami Beach
South Pointe Park
Project Manual
26 May 06
3.02 INSTALLATION
A. Construct temporary field office on proper foundations, provide connections for
utility services.
1. Secure portable or mobile buildings in accordance with applicable
Building Department requirements and obtain all required permits.
2. Provide steps and landings at entrance doors.
B. Mount thermometer at convenient outside location, not in direct sunlight.
3.03 MAINTENANCE AND CLEANING
A. Provide periodic maintenance and cleaning for temporary structures,
furnishings, equipment and services.
3.04 REMOVAL
A. Remove temporary field offices, contents and services at a time when no longer
needed.
B. Remove foundations and debris; grade site to required elevations and clean the
areas; and otherwise restore site to pre-existing condition.
3.05 MEASUREMENT AND PAYMENT
A. There shall be no special measurement or payment for the work under this
section. It shall be deemed inclusive in the Project's lump sum bid price.
- END OF SECTION -
CONTRACTOR'S FIELD OFFICE
01590-3
City of Miami Beach
South Pointe Park
Project Manual
26 May 06
SECTION 01600 - MATERIAL AND EQUIPMENT
PART 1 - GENERAL
1.01 THE REQUIREMENT
A. The CONTRACTOR shall ensure that all material and equipment incorporated
into the work:
1. Conform to applicable specifications and standards.
2. Comply with size, make, type and quality specified, or as specifically
approved in writing by the CONSULTANT.
3. Manufactured and fabricated products:
a. Design, fabricate and assemble in accord with the best engineering
and shop practices.
b. Manufacture like parts of duplicate units to standard sizes and
gauges to be interchangeable.
c. Two or more items of the same kind shall be identical, by the same
manufacturer.
d. Products shall be suitable for service conditions.
e. Equipment capacities, sizes and dimensions shown or specified
shall be adhered to unless variations are specifically approved in
writing.
4. Do not use material or equipment for any purpose other than that for
which it is designed or is specified.
1.02 RELATED WORK SPECIFIED ELSEWHERE
A. All applicable sections of the Specifications.
B. General conditions of the Contract.
MATERIAL AND EQUIPMENT
01600 - 1
City of Miami Beach
South Pointe Park
Project Manual
26 May 06
1.03 MANUFACTURER'S INSTRUCTIONS
A. When Contract Documents require that installation of work shall comply with
manufacturer's printed instructions, the CONTRACTOR shall obtain and
distribute copies of such instructions to parties involved in the installation. In
addition, the CONTRACTOR shall maintain one set of complete instructions at
the job site during installation and until completion.
B. Handle, install, connect, clean, condition and adjust products in strict
accordance with such instructions and in conformity with specified requirements.
1. Should job conditions or specified requirements conflict with
manufacturer's instructions, consult with CONSULTANT for further
instructions.
2. Do not proceed with work without clear instructions.
C. Perform work in accord with manufacturer's instructions. Do not omit any
preparatory step or installation procedure unless specifically modified or
exempted by the Contract Documents.
1.04 TRANSPORTATION AND HANDLING
A. The CONTRACTOR shall arrange deliveries of products in accordance with
construction schedules, coordinate to avoid conflict with work and conditions at
the site. Products shall be delivered to the job site on an "as needed" basis.
1. Deliver products in undamaged condition, in manufacturer's original
containers or packaging, with identifying labels intact with legible
markings.
2. Immediately upon delivery, inspect shipments to assure compliance
with requirements of Contract Documents and approved submittals,
and that products are properly protected and undamaged.
3. Pipe and materials shall not be strung out along installation routes
for longer than two (1) weeks prior to installation.
B. Provide equipment and personnel to handle products by methods to prevent
MATERIAL AND EQUIPMENT
01600 - 2
City of Miami Beach
South Pointe Park
Project Manual
26 May 06
soiling or damage to products or packaging.
C. Coordinate deliveries to avoid conflict with Work and conditions at site:
1. Work of other contractors, or CITY.
2. Limitations of storage space.
3. Availability of equipment and personnel for handling products.
4. CITY's use of premises.
D. Deliver products in undamaged condition in original containers or packaging,
with identifying labels intact and legible.
E. Partial deliveries of component parts of equipment shall be clearly marked to
identify the equipment, to permit easy accumulation of parts and to facilitate
assembly.
F. Immediately on delivery, inspect shipment to assure:
1. Product complies with requirements of Contract Documents and reviewed
submittals.
2. Quantities are correct.
3. Containers and packages are intact, labels are legible.
4. Products are properly protected and undamaged.
G. Provide equipment and personnel necessary to handle products, including those
provided by CITY, by methods to prevent soiling or damage to products or
packaging.
H. Provide additional protection during handling as necessary to prevent scraping,
marring or otherwise damaging products or surrounding surfaces.
I. Handle products by methods to prevent bending or overstressing.
J. Lift heavy components only at designated lifting points.
MATERIAL AND EQUIPMENT
01600 - 3
City of Miami Beach
South Pointe Park
Project Manual
26 May 06
1.05 STORAGE
A. The CONTRACTOR shall comply with the requirements set forth in the Section
entitled "Summary of Work".
B. The CONTRACTOR shall store products in accord with manufacturer's
instructions, with seals and labels intact and legible.
1. Store products subject to damage by the elements in weathertight
enclosures.
2. Maintain temperature and humidity within the ranges required by
manufacturer's instructions.
3. Store unpacked products on shelves, in bins or in neat piles, accessible
for inspection.
C. Exterior Storage
1. Provide substantial platforms, blocking or skids to support fabricating
products above ground, prevent soiling or staining. Cover products,
subject to discoloration or deterioration from exposure to the elements,
with impervious sheet coverings. Provide adequate ventilation to avoid
condensation.
2. Store loose granular materials on solid surface such as paved areas, or
provide plywood or sheet materials to prevent mixing with foreign matter.
(a) Provide surface drainage to prevent flow or ponding of rainwater.
(b) Prevent mixing of refuse or chemically injurious materials or liquids.
D. Stored Products shall be periodically inspected on a scheduled basis. The
CONTRACTOR shall maintain a log of inspections and shall make said log
available to the CONSULTANT and CITY on request.
E. The CONTRACTOR shall verify that storage facilities comply with supplier's
product storage requirements, subject to CONSULTANT's review and
acceptance.
MATERIAL AND EQUIPMENT
01600 - 4
City of Miami Beach
South Pointe Park
Project Manual
26 May 06
F. The CONTRACTOR shall verify that Supplier required environmental conditions
are maintained continually.
1.06 MAINTENANCE OF STORAGE
A. The CONTRACTOR shall maintain periodic system of inspection of stored
products on scheduled basis to assure that:
1. State of storage facilities is adequate to provide required conditions.
2. Required environmental conditions are maintained on continuing basis.
3. Surfaces of products exposed to elements are not adversely affected.
Any weathering of products, coatings and finishes is not acceptable under
requirements of Contract Documents.
B. Mechanical and electrical equipment which requires servicing during long term
storage shall have complete manufacturer's instructions for servicing
accompanying each item, with notice of enclosed instructions shown on exterior
of package.
1.07 PROTECTION AFTER INSTALLATION
A. The CONTRACTOR shall provide protection of installed products to prevent
damage from subsequent operations. Remove when no longer needed, prior to
completion of work.
B. Control traffic to prevent damage to equipment and surfaces.
C. Provide coverings to protect finished surfaces from damage.
1. Cover projections, wall corners, and jambs, sills and soffits of openings, in
areas used for traffic and for passage of products in subsequent work.
2. Protect finished floors and stairs from dirt and damage.
(a) In areas subject to foot traffic, secure heavy paper, sheet goods, or
other materials in place.
(b) For movement of heavy products, lay planking or similar materials in
MATERIAL AND EQUIPMENT
01600 - 5
City of Miami Beach
South Pointe Park
Project Manual
26 May 06
place.
(c) Cover wall and floor surfaces in the vicinity of construction
personnel activities and all finished surfaces used by construction
personnel.
D. Waterproofed surfaces
1. Prohibit use of surfaces for traffic of any kind, and for storage of any
products.
2. When some activity must take place in order to carry out the Contract,
obtain recommendations of installer for protection of surface.
(a) Install recommended protection, remove on completion of that
activity.
(b) Restrict use of adjacent unprotected areas.
E. Lawns and landscaping: The CONTRACTOR shall prohibit traffic of any kind
across planted lawn and landscaped areas.
F. Arrange storage in a manner to provide easy access for inspection. Make
periodic inspections of stored products to assure that products are maintained
under specified conditions, and free from damage or deterioration.
1.08 MEASUREMENT AND PAYMENT
A. There shall be no special measurement or payment for work under the section.
It shall be deemed inclusive in the Project's lump sum bid price.
PART 2 - PRODUCTS (Not Applicable)
PART 3 - EXECUTION (Not Applicable)
- END OF SECTION -
MATERIAL AND EQUIPMENT
01600 - 6
City of Miami Beach
South Pointe Park
Project Manual
26 May 06
SECTION 01660 -EQUIPMENT TESTING AND STARTUP
PART 1 - GENERAL
1.01 THE REQUIREMENT
A. Where required, the CONTRACTOR shall perform equipment testing and
startup. Note that this requirement is requisite to the satisfactory completion of
the contract and, therefore, shall be completed within the contract time.
1.02 EQUIPMENT TESTING
A. The CONTRACTOR shall provide the services of an experienced and
authorized representative of the manufacturer of each item of equipment
requiring startup who shall visit the site of the WORK and inspect, check, adjust
if necessary, and approve the equipment installation. In each case, the
CONTRACTOR shall arrange to have the manufacturer's representative revisit
the job site as often as necessary until any and all trouble is corrected and the
equipment installation and operation are satisfactory to the CONSULTANT.
B. The CONTRACTOR shall require that each manufacturer's representative
furnish to the CONSULTANT a written report addressed to the CITY certifying
that the equipment has been properly installed and lubricated, is in accurate
alignment, is free from any undue stress imposed by connecting piping or
anchor bolts, and has been operated satisfactorily under full-load conditions.
C. The CONTRACTOR shall be responsible for scheduling all Startup testing. The
CONTRACTOR is advised that the Design ENGINEER and the CITY's
operating personnel will likely witness operations testing and that the
manufacturer's representative shall be required to instruct the operating
personnel in correct operation and maintenance procedures. Such instruction
shall be scheduled at a time arranged with the CONSULTANT and CITY at least
2 weeks in advance and shall be provided while the respective manufacturer's
equipment is fully operational. On-site instruction shall be given by qualified
persons who have been made familiar in advance with the equipment. Prior to
scheduling any operations testing, the CONTRACTOR shall have previously
furnished the Operations Manuals specified elsewhere.
EQUIPMENT TESTING AND STARTUP
01660-1
City of Miami Beach
South Pointe Park
Project Manual
26 May 06
D. The CONTRACTOR shall notify the CONSULTANT and CITY at least 3 days in
advance of each equipment test.
E. The CONTRACTOR shall furnish all personnel required to conduct the testing
and startup.
PART 2 - PRODUCTS (Not Applicable)
PART 3 - EXECUTION (Not Applicable)
- END OF SECTION -
EQUIPMENT TESTING AND STARTUP
01660 - 2
City of Miami Beach
South Pointe Park
Project Manual
26 May 06
SECTION 01700 - CONTRACT CLOSEOUT
PART 1 - GENERAL
1.01 THE REQUIREMENT
A. The CONTRACTOR shall comply with requirements stated in Conditions of the
Contract and in Specifications for administrative procedures in closing out the
work.
1.02 RELATED WORK SPECIFIED ELSEWHERE
A. All applicable sections of the Specifications.
B. General Conditions
1.03 SUBSTANTIAL COMPLETION
A. When CONTRACTOR considers the work is substantially complete, it shall
submit to the CONSULTANT.
1. A written notice that the work, or designated portion thereof, is
substantially complete.
2. A list of items to be completed or corrected.
B. Within a reasonable time after receipt of such notice, the CITY and
CONSULTANT will make an inspection to determine the status of completion.
C. Should CONSULTANT determine that the work is not substantially complete:
1. CONSULTANT will promptly notify the CONTRACTOR in writing, giving
the reasons therefore.
2. CONTRACTOR shall remedy the deficiencies in the work, and send a
second written notice of substantial completion to the CONSULTANT.
3. CITY and CONSULTANT will re-inspect the work.
D. When CITY and CONSULTANT concur that the work is substantially complete,
CONSULTANT will:
CONTRACT CLOSEOUT
01700-1
City of Miami Beach
South Pointe Park
Project Manual
26 May 06
1. Prepare a Certificate of Substantial Completion accompanied by list of
items to be completed or corrected.
2. Submit the Certificate to the CONTRACTOR for its written acceptance of
the responsibilities assigned therein.
1.04 FINAL INSPECTION
A. When CONTRACTOR considers the work is complete, it shall submit written
certification that:
1. Contract Documents have been reviewed.
2. Work has been inspected for compliance with Contract Documents.
3. Work has been completed in accordance with Contract Documents.
4. Equipment and systems have been tested in the presence of the CITY
Representative and are operational.
5. Work is completed and ready for final inspection.
B. CITY and CONSULTANT will make an inspection to verify the status of
completion with reasonable promptness after receipt of such certification.
C. Should CITY and CONSULTANT consider that the work is incomplete and
defective:
1. CITY Representative will promptly notify the CONTRACTOR, in writing,
listing the incomplete or defective work.
2. CONTRACTOR shall take immediate steps to remedy the stated
deficiencies, and send a second written certification to CITY
Representative that the work is complete.
3. CITY Representative and CONSULTANT will reinspect the work.
D. When the CITY's Representatives find that the work is acceptable under the
Contract Documents, it shall request the CONTRACTOR to make closeout submittals.
CONTRACT CLOSEOUT
01700 - 2
City of Miami Beach
South Pointe Park
Project Manual
26 May 06
1.05 REINSPECTION FEES
A. Should CITY Representative perform reinspections due to failure of the work to
comply with the claims of status of completion made by the CONTRACTOR:
1. CITY will compensate CITY Representative and CONSULTANT for such
additional services.
2. CITY will deduct the amount of such compensation from the final payment
to the CONTRACTOR.
1.06 CONTRACTOR'S CLOSEOUT SUBMITTALS TO CITY'S REPRESENTATIVE
A. Evidence of compliance with requirements of governing authorities.
1. Certificate of Occupancy.
2. Certificates of Inspection.
(a) Mechanical
(b) Electrical
(c) Other, as may be required.
B. Project Record Documents: To requirements of the Section entitled "Project
Record Documents."
C. Operating and Maintenance Data, Instructions to CITY's Personnel: To
requirements of the Section entitled ,"Operating and Maintenance Data."
D. Guarantees and Bonds: To requirements of the section entitled ,"Guarantees
and Bonds."
E. Evidence of Payment and Release of Liens: To requirements of General and
Supplementary General Conditions.
F. Certificate of Insurance for Products and Completed Operations.
CONTRACT CLOSEOUT
01700-3
City of Miami Beach
South Pointe Park
Project Manual
26 May 06
1.07 FINAL ADJUSTMENT OF ACCOUNTS
A. Submit a final statement of accounting to CONSULTANT.
B. Statement shall reflect all adjustments to the Contract Sum:
1. The original Contract Sum.
2. Additions and deductions resulting from:
(a) Previous Change Orders.
(b) Allowances.
(c) Unit Prices.
(d) Deductions for uncorrected work.
(e) Penalties and Bonuses.
(f) Deductions for liquidated damages.
(g) Deductions for reinspection payments.
(h) Other adjustments.
3. Total Contract Sum, as required.
4. Previous payments.
5. Sum remaining due.
C. CONSULTANT will prepare a final Change Order, reflecting approved
adjustments to the Contract Sum which were not previously made by Change
Orders to be executed by the CITY.
1.08 FINAL APPLICATION FOR PAYMENT
A. CONTRACTOR shall submit the final Application for Payment in accordance
with procedures and requirements stated in the General Conditions.
B. CONSULTANT shall prepare a "Final Certificate of Payment" to be executed by
CONTRACT CLOSEOUT
01700 - 4
City of Miami Beach
South Pointe Park
Project Manual
26 May 06
the CITY.
PART 2 - PRODUCTS (Not Applicable)
PART 3 - EXECUTION (Not Applicable)
- END OF SECTION -
CONTRACT CLOSEOUT
01700 - 5
City of Miami Beach
South Pointe Park
Project Manual
26 May 06
SECTION 01710 - CLEANING
PART 1 - GENERAL
1.01 THE REQUIREMENT
A. The CONTRACTOR shall execute cleaning, during progress of the Work, and at
completion of the Work, as required by the General Conditions and these
specifications.
1.02 RELATED WORK SPECIFIED ELSEWHERE
A. All applicable sections of the Specifications.
B. General Conditions.
1.03 DISPOSAL REQUIREMENTS
A. The CONTRACTOR shall conduct its cleaning and disposal operations to
comply with all applicable codes, ordinances, regulations, and anti-pollution
laws.
PART 2 - PRODUCTS
2.01 MATERIALS
A. The CONTRACTOR shall use only those cleaning materials which will not
create hazards to health or property and which will not damage surfaces.
PART 3 - EXECUTION
3.01 DURING CONSTRUCTION
A. The Contractor shall execute periodic cleaning to keep the WORK, the site and
adjacent properties free from accumulation of waste material, rubbish and
windblown debris, resulting from Construction Work.
B. The Contractor shall provide on-site containers for the collection of waste
materials, debris and rubbish.
C. The Contractor shall remove waste materials, debris and rubbish from the site
CLEANING
01710-1
City of Miami Beach
South Pointe Park
Project Manual
26 May 06
periodically and dispose of at legal disposal areas away from the site.
3.02 FINAL CLEANING
A. The Contractor shall employ skilled workmen for final cleaning.
B. The Contractor shall remove grease, mastic, adhesives, dust, dirt, stains,
fingerprints, labels, and other foreign materials from sight-exposed interior and
exterior surfaces.
C. The Contractor shall polish glossy surfaces to a clear shine.
D. The Contractor shall broom clean exterior paved surfaces; rake clean other
surfaces of the grounds.
E. Prior to final completion, CONTRACTOR shall conduct an inspection of sight-
exposed interior and exterior surfaces, and all WORK areas, to verify the entire
WORK is clean.
F. All storage and staging areas shall be cleaned and returned to prior conditions
or better as per requirements of this section.
- END OF SECTION -
CLEANING
01710-2
City of Miami Beach
South Pointe Park
Project Manual
26 May 06
SECTION 01720 - PROJECT RECORD DOCUMENTS
PART 1 - GENERAL
1.01 THE REQUIREMENT
A. The CONTRACTOR shall at all times maintain at the site of the project a record
copy of:
1. Drawings
2. Specifications
3. Addenda
4. Change Orders and other modifications to the Contract.
5. Approved Shop Drawings, Product Data and Samples.
6. Field Test Records.
1.02 RELATED WORK SPECIFIED ELSEWHERE
A. All applicable sections of the Specifications.
B. General conditions.
1.03 MAINTENANCE OF DOCUMENTS AND SAMPLES
A. Store documents and samples in CONTRACTOR's field office apart from
documents used for construction.
1. Provide files and racks for storage of documents.
2. Provide locked cabinet or secure storage space for storage of samples.
B. File documents and samples in accordance with CSI format.
C. Maintain documents in a clean, dry, legible condition and in good order. Do not
use record documents for construction purposes.
D. Make documents and samples available at all times for inspection by CITY's
PROJECT RECORD DOCUMENTS
01720 -1
City of Miami Beach
South Pointe Park
Project Manual
26 May 06
Representatives.
1.04 MARKING DEVICES
A. Provide felt tip marking pens for recording information in the following color
designation:
Red = Corrections
Yellow = Deletions
Green = Comments
1.05 RECORDING
A. The CONTRACTOR shall label each document, "PROJECT RECORD" in neat
large printed letters, or by rubber stamp.
B. Record information concurrently with construction progress. Do not conceal any
work until required information is recorded.
C. Drawings: Legibly mark to record actual construction:
1. Horizontal and vertical locations of underground utilities and
appurtenances, referenced to permanent surface improvements.
2. Location of internal utilities and appurtenances concealed in the
construction, referenced to visible and accessible features of the
structure.
3. Field changes of dimension and detail.
4. Changes made by Field Order or by Change Order.
5. Details not on original Contract Drawings.
6. The Record Drawing set shall show benchmark positions and their
vertical values. Benchmarks are optional for Plan Views, but required for
Profile Views.
D. Specifications and Addenda; Legibly mark each Section to record:
PROJECT RECORD DOCUMENTS
01720 - 2
City of Miami Beach
South Pointe Park
Project Manual
26 May 06
1. Manufacturer, trade name, catalog number, and supplier of each produce
and item of equipment actually installed.
2. Changes made by field order or by Change Order.
1.06 RECORD DRAWINGS
A. The CONTRACTOR shall maintain full size (22"X34") field drawings to reflect
the "record" items of work as the work progresses. Upon completion of the
work, the CONTRACTOR shall prepare a record set of drawings on an
electronic file in .DWG format (AutoCADD, latest version). An electronic file of
the design drawings on compact disk will be furnished to the CONTRACTOR by
the CONSULTANT for this purpose.
B. At a minimum the record drawings shall be reviewed on the 20th working day of
every third month, or more often, as deemed necessary by CONSULTANT
and/or CITY, after the month in which the final Notice-to Proceed is given as
well as on completion of WORK. Failure to maintain the record drawings up-to-
date shall be grounds for withholding monthly progress payments until such time
as the record drawings are brought up-to-date.
C. Record drawings shall be accessible to the CITY at all times during construction
period.
D. The cost of maintaining record changes, and preparation of the Record
Drawings shall be included in the unit prices bid for the affected items. Upon
completion of the WORK, the CONTRACTOR shall furnish the CONSULTANT
and/or CITY the reproducible recent Drawings and electronic files. Pay request
quantities must match as-builts. The completed Record drawings shall be
delivered to the CONSULTANT at least 48 hours prior to final inspection of the
work. The Final Inspection will not be conducted unless the Record Drawings
are in the possession of the CONSULTANT.
E. The completed (or final) record drawings shall be certified by a Professional
Land Surveyor registered in the State of Florida. This certification shall consist
of the surveyor's embossed seal bearing the surveyor's registration number,
signature and date on each sheet of the drawing set. In addition, the key sheet,
cover sheet or first sheet of the plans set shall list the business address and
PROJECT RECORD DOCUMENTS
01720-3
)
City of Miami Beach
South Pointe Park
Project Manual
26 May 06
telephone number of the surveyor.
F. Representative items of work that should be shown on the record drawings as
verified, changed or added are shown below:
1. Plans:
a. Structure types, location with grade of rim and flow-line elevations.
b. Sewer type, length, size and elevations.
c. Utility type, length, size and elevation in conflict structures.
d. All maintenance access structures, valves and hydrants within right-
of-way.
e. Spot (critical) elevations at plateaued intersections.
f. Sewer laterals shall be stationed between maintenance access
structures.
2. Pavement Markina and Signina Plans: Sign location where installed if
different from plans.
3. Water and Sewer Plans: Location (horizontal and vertical) of all pipe
lines, structures, fittings, valves and appurtenances.
a. Every valve, tee, bend, fire hydrant, beginning and ending of
deflections, maintenance access structure, wet well, etc. shall be
located, both horizontally and vertically, from the nearest surface
landmark (Le., centerline of intersection, seawall corner,
maintenance access structure, face of a building extended or some
other similar landmark that is unlikely to "move" or be buried).
i
)
b. Every maintenance access structure, valve, tee, bend, fire hydrant,
beginning and ending of deflections, etc. locations shall be indicated
by state plane coordinates, in the Florida East Zone/NAD 83-90
State Plane Coordinate System. Coordinates shall be indicated to
the nearest 0.1 foot. The coordinate northings/eastings may be
presented in a table format, providing it is readily decipherable what
PROJECT RECORD DOCUMENTS
01720 -4
City of Miami Beach
South Pointe Park
Project Manual
26 May 06
each coordinate refers to. For instance, the Consultant may
"number" every tee, valve, maintenance access structure, etc. in the
plan view and provide a separate plan sheet for the coordinate
table.
c. In addition to dimensioning and state plane coordinates for
appurtenances, the elevation along the top of pipe every 200 feet
will also be required.
4. As-builts of water lines shall include the following information:
a. Top of pipe elevations and horizontal location every 100 If.
b. Locations and elevations of all fittings including bends, tees, gate
valves, double detector check valves, fire hydrants, etc.
c. All tie-ins to existing lines shall be as-built.
d. The ends of all water services at the buildings or homes shall be as-
built or where the water service terminates.
e. Water services with meter boxes and sanitary sewer laterals with
c1eanouts at the property line shall be located with a dimension to
the nearest landmark. Servicesllaterals may also be located from
each other provided a minimum of five (5) services/laterals are tied
together (e.g., a water service meter box is located from a
maintenance access structure at the intersection of a street. The
next 4 meter boxes can be dimensioned from each other, provided
they are all in the same horizontal alignment).
f. If there are water services that do not have meter boxes and/or
sanitary sewer laterals that do not have cleanouts at the property
line (or are not readily visible/accessible), they shall be located by
the state plane coordinate system.
5. As-builts of all gravity sanitary sewer lines shall include the following
information:
a. Rims, inverts and length of piping between structures as well as
PROJECT RECORD DOCUMENTS
01720 - 5
City of Miami Beach
South Pointe Park
Project Manual
26 May 06
slopes.
b. The stub ends of all sewer laterals shall be located and if there are
any cleanouts installed on the sewer laterals then the invert
elevation of these cleanouts need to be obtained.
6. Profile Views - The following are minimum Record Drawing data that is to
be annotated on the Profile Plans:
a. Every valve, tee, bend, fire hydrant, beginning and ending of
deflections, maintenance access structure, wet well, etc. shall be
located, both horizontally and vertically, from the nearest landmark
(Le., centerline of intersection, seawall corner, maintenance access
structure or some other similar landmark that is unlikely to "move" or
be buried).
b. In addition to dimensioning for appurtenances, the elevation along
the top of pipe every 200 feet will also be required.
7. Force main as-builts shall be prepared the same as the water line as-
builts.
8. As-builts of all drainage lines shall include the following information:
a. Rims, i.nverts and length of piping between structures and weir
elevations if applicable.
b. The size of the piping shall be verified by the survey crew at the
time of as-built.
9. All rock as-builts for parking lot, roadways and swales areas shall consist
of the following:
a. Rock elevations at all high and low points, and at enough
intermediate points to confirm slope consistency and every 50' for
roadways.
b. Rock as-builts shall be taken at all locations where there is a finish
grade elevation shown on the design plans.
PROJECT RECORD DOCUMENTS
01720 - 6
City of Miami Beach Project Manual
South Pointe Park 26 May 06
c. All catch basin and manhole rim elevations shall be shown.
d. Elevations around island areas will also be required.
e. As-builts shall be taken on all paved and unpaved swales prior to
placement of asphalt and/or topsoil/sod, at enough intermediate
points to confirm slope consistency and conformance to the plan
details.
10. Lake and canal bank as-builts shall include a key sheet of the lake for the
location of cross sections. Lake and canal bank cross sections shall be
plotted at a minimum of every 100 If, unless otherwise specified. As-
builts shall consist of the location and elevation of the top of bank, edge of
water and the deep cut line, with the distance between each shown on
the drawing.
11. Retention area as-built elevations shall be taken at the bottom of the
retention area and at the top of bank. If there are contours indicated on
the design plans, then they shall be as-built as well.
12. If a change is made via field order or deviation to any structure, pipeline,
etc., a new location shall be noted on the as-builts. The CONSULTANT
and/or CITY may request additional as-built information to verify
horizontal or vertical locations.
13. Every utility (gas, telephone, power, water, forcemain, etc.) encountered
and/or crossing drainage, water or sanitary sewer facilities (whether it is a
conflict or has sufficient clearances) shall be located, both horizontally
and vertically. The clearance between the facilities horizontal and
vertical, shall be noted. For instance, if a 2-inch gas main crosses over
the top of a 6-inch potable water main, the bottom elevation of the gas
main shall be noted and the top of the watermain shall be noted. The
difference between the two facilities will be the clearance between the two
facilities. Parallel mains shall note the clearance between the outside of
the mains. It shall be the CONTRACTOR's responsibility to note these
crossings on a daily basis and insure that this information is reflected on
the Record Drawing plan set. Crossings will not require state plane
coordinates.
PROJECT RECORD DOCUMENTS
01720 - 7
')
City of Miami Beach
South Pointe Park
Project Manual
26 May 06
14. Pipelines that are "dead" or have been abandoned shall be located during
construction and shall be annotated on the Record Drawing Plans.
15. As-built survey drawings shall meet applicable minimum technical
standards for land surveys as outlined in Section 61 G 17 of the Florida
Administrative Code.
PART 2 - PRODUCTS (Not Applicable)
PART 3 - EXECUTION (Not Applicable)
- END OF SECTION -
PROJECT RECORD DOCUMENTS
01720-8
')
City of Miami Beach
South Pointe Park
Project Manual
26 May 06
SECTION 01730 - OPERATING AND MAINTENANCE DATA
r*NOTE: A/E CONSULTANT TO ADJUST FOR PROJECT SPECIFICl
PART 1 - GENERAL
1.01 THE REQUIREMENTS
A. The CONTRACTOR shall compile product data and related information
appropriate for CITY's maintenance and operation of products furnished under
Contract, as applicable.
B. The CONTRACTOR shall instruct CITY personnel in maintenance of products
and in operation of equipment and systems, as applicable.
1.02 RELATED WORK SPECIFIED ELSEWHERE
A. All applicable sections of the Specifications.
B. General Conditions.
1.03 QUALITY ASSURANCE
A. The CONTRACTOR shall ensure that preparation of data shall be done by
personnel:
1. Trained and experienced in maintenance and operation of described
products.
2. Familiar with requirements of this Section.
3. Skilled as technical writer to the extent required to communicate essential
data.
4. Skilled as draftsman competent to prepare required drawings.
1.04 FORM OF SUBMITTALS
A. Prepare data in the form of an instructional manual for use by CITY's personnel.
B. Format:
OPERATING AND MAINTENANCE DATA
01730-1
)
City of Miami Beach
South Pointe Park
Project Manual
26 May 06
1. Size: 8-1/2 in. x 11 in.
2. Paper: Manufacturer's original printed data, or neatly typewritten.
3. Drawings: 22-inch to 34-inch Blueprints
a. Provide reinforced punched binder tabs, bound in with text.
b. Fold larger drawings to size of text pages.
4. Provide fly-leaf for each separate product, or each piece of operating
equipment.
a. Provide typed description of product, and major component parts of
equipment.
b. Provide indexed tabs.
5. Cover: Identifying each volume with typed or printed title: "OPERATING AND
MAINTENANCE INSTRUCTIONS." List:
a. Title of Project.
b. Identity of separate structure as applicable.
c. Identity of general subject matter covered in the manual.
C. Binders:
1. Commercial quality three-ring binders with durable and cleanable plastic
covers.
2. Maximum ring size: 1 inch.
3. When multiple binders are used, correlate the data into related consistent
groupings.
1.05 CONTENT OF MANUAL
A. Neatly typewritten table of contents for each volume, arranged in systematic
order.
OPERATING AND MAINTENANCE DATA
01730-2
City of Miami Beach
South Pointe Park
Project Manual
26 May 06
1. CONTRACTOR, name of responsible principal, address and telephone
number.
2. A list of each product required to be included, indexed to content of the
volume.
3. List, with each product, name, address and telephone number of:
a. SubCONTRACTOR or installer.
b. Maintenance CONTRACTOR, as appropriate.
c. Identify area of responsibility of each.
d. Local source of supply for parts and replacement.
4. Identify each product by product name and other identifying symbols as
set forth in Contract Documents.
B. Product Data:
1. Include only those sheets which are pertinent to the specific product.
2. Annotate each sheet to:
a. Clearly identify specific product or part installed.
b. Clearly identify data applicable to installation.
c. Delete references to inapplicable information.
C. Drawings:
1. Supplement product data with drawings as necessary to clearly illustrate:
a. Relations of component parts of equipment and systems.
b. Control and flow diagrams.
2. Coordinate drawings with information in Product Record Documents to
OPERATING AND MAINTENANCE DATA
01730-3
City of Miami Beach
South Pointe Park
Project Manual
26 May 06
assure correct illustration of completed installation.
a. Do not use Project Record Documents as maintenance drawings.
D. Written text, as required to supplement product data for the particular
installation:
1. Organize in consistent format under separate heading for different
procedures.
2. Provide logical sequence of instructions for each procedure.
E. Copy of each guarantee, bond and service contract issued.
1. Provide information sheet for CITY's personnel, give:
a. Proper procedures in event of failure.
b. Instances which might affect validity of guarantee or bonds.
1.06 MANUAL FOR MATERIALS AND FINISHES
A. Submit two copies of complete manual in final form.
B. Content, for architectural products, applied materials and finishes:
1. Manufacturers data, giving full information on products.
a. Catalog number, size, composition.
b. Color and texture designations.
c. Information required for re-ordering special manufactured products.
2. Instructions for care and maintenance.
a. Manufacturer's recommendations for types of cleaning agents and
methods.
b. Cautions against cleaning agents and methods which are
detrimental to product.
OPERATING AND MAINTENANCE DATA
01730-4
\
I
City of Miami Beach
South Pointe Park
Project Manual
26 May 06
c. Recommended schedule for cleaning and maintenance.
C. Content, for moisture-protection and weather-exposed products:
1. Manufacturer's data, giving full information on products.
a. Applicable standards.
b. Chemical composition.
c. Details of installation.
2. Instructions for inspection, maintenance, and repair.
D. Additional requirements for maintenance data:
Specifications.
Respective sections of
1.07 MANUAL FOR EQUIPMENT AND SYSTEMS
A. Submit three copies of complete manual in final form.
B. Content, for each unit of equipment and system, as appropriate.
1. Description of unit and component parts.
a. Function, normal operating characteristics, and limiting conditions.
b. Performance curves, Engineering data and tests.
c. Complete nomenclature and commercial number of replaceable
parts.
2. Operating procedures:
a. Start-up, break-in, routine and normal operating instructions.
b. Regulation, control, stopping, shut-down and emergency
instructions.
c. Summer and winter operating instructions.
)
d. Special operating instructions.
OPERATING AND MAINTENANCE DATA
01730-5
City of Miami Beach
South Pointe Park
Project Manual
26 May 06
3. Maintenance Procedures:
a. Routine operations.
b. Guide to "Trouble-shooting."
c. Disassembly, repair and reassembly.
d. Alignment, adjusting and checking.
4. Servicing and lubrication schedule.
a. List of lubricants required.
5. Manufacturer's printed operating and maintenance instructions.
6. Description of sequence of operation by control manufacturer.
7. Original manufacturer's parts list, illustrations, assembly drawings and
diagrams required for maintenance.
8. As-installed control diagrams by controls manufacturer.
9. Each CONTRACTOR's coordination drawings.
a. As-installed color coded piping diagrams.
10. Charts of valve tag numbers, with location and function of each valve.
11. List of original manufacturer's spare parts, manufacturer's current prices,
and recommended quantities to be maintained in storage.
12. Other data as required under pertinent sections of Specifications.
C. Content, for each electric and electronic system, as appropriate:
1. Description of system and component parts.
a. Function, normal operating characteristics, and limiting conditions.
. b. Performance curves, engineering data and tests.
OPERATING AND MAINTENANCE DATA
01730-6
City of Miami Beach Project Manual
South Pointe Park 26 May 06
c. Complete nomenclature and commercial number of replaceable
parts.
2. Circuit directories of panelboards.
a. Electrical service.
b. Controls.
c. Communications.
3. As-installed color coded wiring diagrams.
4. Operating procedures:
a. Routine and normal operating instructions.
b. Sequences required.
c. Special operating instructions.
5. Maintenance procedures:
a. Routine operations.
b. Guide to "Trouble-Shooting".
c. Disassembly, repair, and reassembly.
d. Adjustment and checking.
6. Manufacturer's printed operating and maintenance instructions.
7. List of original manufacturer's spare parts, manufacturers current prices,
and recommended quantities to be maintained in storage.
8. Other data as required under pertinent sections of Specifications.
D. Prepare and include additional data when the need for such data becomes
apparent during instruction of CITY's personnel.
E. Additional requirements for operating and maintenance data: Respective
OPERATING AND MAINTENANCE DATA
01730-7
City of Miami Beach
South Pointe Park
Project Manual
26 May 06
section of Specifications.
1.08 SUBMITTAL SCHEDULE
A. Submit two copies of preliminary draft of proposed formats and outlines of
contents prior to start of work.
1. CONSULTANT will review draft and return one copy with comments.
B. Submit one copy of completed data in final form fifteen days prior to final
inspection or acceptance.
1. Copy will be returned after final inspection or acceptance, with comments.
C. Submit specified number of copies of approved data in final form 10 days after
final inspection or acceptance.
1.09 INSTRUCTION OF OWNER'S PERSONNEL
A. Prior to final inspection or acceptance, fully instruct CITY's designated operating
and maintenance personnel in operation, adjustment and maintenance of
products, equipment and systems.
B. Operating and maintenance manual shall constitute the basis of instruction.
1. Review contents of manual with personnel in full detail to explain all
aspects of operations and maintenance.
1.10 MEASUREMENT AND PAYMENT
A. There shall be no special measurement or payment for work under the section.
It shall be deemed inclusive in the Project's lump sum bid price.
PART 2 - PRODUCTS (Not Applicable)
PART 3 - EXECUTION (Not Applicable)
- END OF SECTION -
OPERATING AND MAINTENANCE DATA
01730-8
City of Miami Beach
South Pointe Park
Project Manual
26 May 06
SECTION 01740 - GUARANTEES AND BONDS
PART 1 - GENERAL
1.01 THE REQUIREMENT
A. The Contractor shall:
a. Compile specified guarantees and bonds.
b. Compile specified services and maintenance contracts.
c. Review submittals to verify compliance with Contract Documents.
d. Submit to CONSULTANT for review and transmittal to CITY.
1.02 RELATED WORK SPECIFIED ELSEWHERE
A. All applicable sections of the Specifications.
B. General Conditions.
1.03 SUBMITTAL REQUIREMENTS
A. Assemble guarantees, bonds and service and maintenance contracts, executed
by each of the respective manufacturers, suppliers, and Subcontractors.
B. Number of original signed copies required: Three each.
C. Table of Contents: Neatly typed, in orderly sequence. Provide complete
information for each item.
1. Product or work item.
2. Firm, with name of principal, address and telephone number.
3. Scope.
4. Date of beginning warranty, bond or service and maintenance contract.
5. Duration of warranty, bond or service maintenance contract.
GUARANTEES AND BONDS
01740 -1
)
City of Miami Beach
South Pointe Park
Project Manual
26 May 06
6. Provide information for CITY personnel:
a. Proper procedure in case of failure.
b. Instances which might affect the validity of warranty or bond.
7. CONTRACTOR, name of responsible principal, address and telephone
number.
1.04 FORM OF SUBMITTALS
A. Prepare in triplicate packets.
B. Format:
1. Size 8-1/2 in. x 11 in., punch sheets for standard 3-ring binder. Fold
larger sheets to fit into binders.
2. Cover: Identify each packet with typed or printed title "GUARANTEES
AND BONDS". List:
a. Title of Project.
b. Name of CONTRACTOR.
C. Binders: Commercial quality, three-ring, with durable and cleanable plastic
covers.
1.05 TIME OF SUBMITTALS
A. Make submittals within ten days after Date of Substantial Completion, prior to
final request for payment.
B. For items of work, where acceptance is delayed materially beyond Date of
Substantial Completion, provide updated submittal within ten days after
acceptance, listing date of acceptance as start of guarantee period.
1.06 SUBMITTALS REQUIRED
A. Submit guarantees, bonds, service and maintenance contracts for periods other
than one year as specified in respective specific sections of the Specifications,
GUARANTEES AND BONDS
01740 - 2
)
City of Miami Beach
South Pointe Park
Project Manual
26 May 06
(if applicable).
B. The General CONTRACTOR shall submit on the entire Project the one year
guarantee as per AlA, Document A-201 General Conditions, (except for certain
portions of the work, where longer periods of time are specified in the specific
applicable sections of the Specifications).
PART 2 - PRODUCTS (Not Applicable)
PART 3 - EXECUTION (Not Applicable)
- END OF SECTION -
GUARANTEES AND BONDS
01740 - 3
)
&
Exhibit "e"
305.673.7071
www.miamibeachfLgov
t:
co
-
0-
t:
o
~
o
E
Q)
Cl
l'i
/~J
1/
/f
i I
/5
I,J
II
II
1
''''J'
~
-...J
~
;j
t5
;j
....
.....
(j)
'0
-,g!
lii~O
E Q)-
(j) ill Z
J-....-
i '
I 'i
:-..J 11
]H
-'1 Ii
i II
_, i Il
..J U
.:::::...;;;:
"
9'A
,.G'
x: ~\
<;>)~~
(/"'" 'l
~)
<9)
<>~'\
\\
<II
i!!
:l
tl
:l
....
iil
"i
c: >
t'Il 0
<II E
0lQ)
c: '-
:a Q)
= .Q
~,g
I
v9'
~-1~
,</)'19'
??}\';.'<:?
~\/;.~<'}
~)V
.p>;,\'/.'''
~/'y~>
0'):'v~'~
,,,...\4?
C'IJ
"U
.;::
o
l..I..
..s::
U
C'IJ
Q)
CO
E
.::!
:2
..:::.t
....
C'IJ
a..
Q)
.....
s::
o
a..
..s::
.....
:::I
o
l/)
Exhibit "0"
The following document was part of Addendum NO.6 for ITS-09-06 for the
Construction Improvements to South Pointe Park. Please note that only the
items that are relevant to ITS-26-06/07 are provided.
I. The following are questions and answers to questions from prospective bidders.
Q. We understand, unless instructed otherwise, that the provisions of the City of Miami
Beach Ordinance No. 94-2960 (Prevailing Wage Rates) shall not apply for the water,
sewer, storm drainage, road construction, and beautification (curbs and gutters, etc.)
portions of the work within the scope of this project, considering each one independently
from each other and less than One Million dollars in value for each. Please confirm.
A. Prevailing Wage Rates are not reauired for the Miami Beach South Pointe Park
Improvements; the project is exempt under City Ordinance No. 94-2960.
Q. We also understand, unless instructed otherwise, that notwithstanding the above
question, this entire project is defined as a "beautification" project and therefore that the
provisions of the City of Miami Beach Ordinance No. 94-2960 (Prevailing Wage
Rates)shall not apply for the entire project. Please confirm.
A. Prevailing Wage Rates are not reauired for the Miami Beach South Pointe Park
Improvements; the project is exempt under City Ordinance No. 94-2960.
Q. There are no painting technical specifications, please provide.
A. Attached to this Addendum please find Technical Specifications Section 09912 for
Painting.
Q. On drawing sheet S 101 most of the foundations are not drawn in the plan so we cannot
determine the extension of the grade beams. Please provide new drawing showing the
foundation otherwise we will estimate grade beams from center to center of columns.
Footing F-2 in the Pavilion Building is not shown in plan, please provide location of F-2
foundations otherwise we will estimate that there are no F-2 footings in the Pavilion.
A. Please find attached revised S101 drawing.
Q. Drawing Sheet A-1 02 - Dimensions do not seem appropriate with scale. Please confirm
which is correct? Dimensions or scale?
A. Please find attached drawing no. 1 A-1, a partial roof plan pdf file. This Partial Roof
Plan is shown complete on sheet A-1 02 of the Permit Set. The clouded areas show
corrected dimensions; the other dimensions and drawing scale have not been
revised and are accurate.
Q. Drawing Sheet S-601 the information for the grade beams GB-1 thru GB-7 on Beam
Schedule at the Pavilion Building is missing. Please provide information. There is a
discrepancy at the top of the footing elevation at the garage area on drawing sheet S-1 03
and S-601, please clarify.
A. Please find attached amended drawing sheets S-103 and S-601.
City of Miami Beach
South Pointe Park
11 Nov 06
SECTION 09912 - PAINTING
PART 1 - GENERAL
1.1 RELA TED DOCUMENTS
A. Drawings and general provisions of the Contract, including General and Supplementary
Conditions and Division 1 Specification Sections, apply to this Section.
].2 SUMMARY
A. This Section includes surface preparation and field painting of exposed exterior items and
surfaces.
1. Surface preparation, priming, and finish coats specified in this Section are in addition to
shop priming and surface treatment specified in other Sections.
B. Paint exposed surfaces, except where these Specifications indicate that the surface or material is
not to be painted or is to remain natural. If an item or a surface is not specifically mentioned,
paint the item or surface the same as similar adjacent materials or surfaces. If a color of finish
is not indicated, Architect will select from standard colors and finishes available.
1. Painting includes field painting of exposed bare and covered pipes and ducts (including
color coding), hangers, exposed steel and iron supports, and surfaces of mechanical and
electrical equipment that do not have a factory-applied final finish.
C. Do not paint prefinished items, concealed surfaces, finished metal surfaces, operating parts, and
labels.
]. Prefinished items include the following factory-finished components:
a. Architectural woodwork.
b. Acoustical wall panels.
c. Metal toilet enclosures.
d. Metal lockers.
e. Unit kitchens.
f. Elevator entrance doors and frames.
g. Elevator equipment.
h. Finished mechanical and electrical equipment.
i. Light fixtures.
2. Concealed surfaces include walls or ceilings in the following generally inaccessible
spaces:
a. Foundation spaces.
b. Furred areas.
City of Miami Beach
South Pointe Park
11 Nov 06
c.
d.
e.
f.
g.
h.
Ceiling plenums.
Utility tunnels.
Pipe spaces.
Duct shafts.
Elevator shafts.
3. Finished metal surfaces include the following:
a. Anodized aluminum.
b. Stainless steel.
c. Chromium plate.
d. Copper and copper alloys.
e. Bronze and brass.
4. Operating parts include moving parts of operating equipment and the following:
a. Valve and damper operators.
b. Linkages.
c. Sensing devices.
d. Motor and fan shafts.
5. Labels: Do not paint over UL, FMG, or other code-required labels or equipment name,
identification, performance rating, or nomenclature plates.
1.3 SUBMITTALS
A. Product Data: For each paint system indicated. Include block fillers and primers.
I. Material List: An inclusive list of required coating materials. Indicate each material and
cross-reference specific coating, finish system, and application. Identify each material by
manufacturer's catalog number and general classification.
2. Manufacturer's Information: Manufacturer's technical information, including label
analysis and instructions for handling, storing, and applying each coating material.
B. Samples for Initial Selection: For each type of finish-coat material indicated.
I. After color selection, Architect will furnish color chips for surfaces to be coated.
C. Samples for Verification: For each color and material to be applied, with texture to simulate
actual conditions, on representative Samples of the actual substrate.
1. Provide stepped Samples, defining each separate coat, including block fillers and primers.
Use representative colors when preparing Samples for review. Resubmit until required
sheen, color, and texture are achieved.
2. Provide a list of materials and applications for each coat of each Sample. Label each
Sample for location and application.
3. Submit 6 Samples on the following substrates for Architect's review of color and texture
only:
')
City of Miami Beach
South Pointe Park
11 Nov 06
a. Concrete: 4-inch- square Samples for each color and finish.
b. Concrete Unit Masonry: 4-by-8-inch Samples of masonry, with mortar joint in the
center, for each finish and color.
D. Qualification Data: For Applicator.
1.4 QUALITY ASSURANCE
A. Applicator Qualifications: A firm or individual experienced in applying paints and coatings
similar in material, design, and extent to those indicated for this Project, whose work has
resulted in applications with a record of successful in-service performance.
B. Source Limitations: Obtain block fillers and primers for each coating system from the same
manufacturer as the finish coats.
C. Benchmark Samples (Mockups): Provide a full-coat benchmark finish sample for each type of
coating and substrate required. Comply with procedures specified in PDCA P5. Duplicate
finish of approved sample Submittals.
1. Architect will select one room or surface to represent surfaces and conditions for
application of each type of coating and substrate.
a. Wall Surfaces: Provide samples on at least 100 sq. ft.
b. Small Areas and Items: Architect will designate items or areas required.
2. Apply benchmark samples, according to requirements for the completed Work, after
permanent lighting and other environmental services have been activated. Provide
required sheen, color, and texture on each surface.
a. After finishes are accepted, Architect will use the room or surface to evaluate
coating systems of a similar nature.
3. Final approval of colors will be from benchmark samples.
1.5 DELIVERY, STORAGE, AND HANDLING
A. Deliver materials to Project site in manufacturer's original, unopened packages and containers
bearing manufacturer's name and label and the following information:
1. Product name or title of material.
2. Product description (generic classification or binder type).
3. Manufacturer's stock number and date of manufacture.
4. Contents by volume, for pigment and vehicle constituents.
5. Thinning instructions.
6. Application instructions.
7. Color name and number.
8. VOC content.
City of Miami Beach
South Pointe Park
11 Nov 06
B. Store materials not in use in tightly covered containers in a well-ventilated area at a minimum
ambient temperature of 45 deg F Maintain storage containers in a clean condition, free of
foreign materials and residue.
1. Protect from freezing. Keep storage area neat and orderly. Remove oily rags and waste
daily.
1.6 PROJECT CONDITIONS
A. Apply waterborne paints only when temperatures of surfaces to be painted and surrounding air
are between 50 and 90 deg F.
B. Apply solvent-thinned paints only when temperatures of surfaces to be painted and surrounding
air are between 45 and 95 deg F.
C. Do not apply paint in snow, rain, fog, or mist; or when relative humidity exceeds 85 percent; or
at temperatures less than 5 deg F above the dew point; or to damp or wet surfaces.
1. Painting may continue during inclement weather if surfaces and areas to be painted are
enclosed and heated within temperature limits specified by manufacturer during
application and drying periods.
1.7 EXTRA MATERIALS
A. Furnish extra paint materials from the same production run as the materials applied and in the
quantities described below. Package with protective covering for storage and identifY with
labels describing contents. Deliver extra materials to Owner.
1. Quantity: Furnish Owner with extra paint materials in quantities indicated below:
a. Exterior, Flat Acrylic Paint: 1 gal. of each color applied.
2. Quantity: Furnish Owner with an additional 3 percent, but not less than 1 gal. or 1 case,
as appropriate, of each material and color applied.
PART 2 - PRODUCTS
2.1
MANUF ACTURERS
A.
Available Products: Subject to compliance with requirements, products that may be
incorporated into the Work include, but are not limited to, products listed in other Part 2
articles.
B.
Products: Subject to compliance with requirements, provide one of the products listed in other
Part 2 articles.
City of Miami Beach
South Pointe Park
11 Nov 06
C. Manufacturers' Names: Shortened versions (shown in parentheses) of the following
manufacturers' names are used in other Part 2 articles:
I. Benjamin Moore & Co. (Benjamin Moore).
2. ICI Dulux Paint Centers (lCI Dulux Paints).
3. M. A. Bruder & Sons, Inc. (M. A. B. Paint).
4. PPG Industries, Inc. (Pittsburgh Paints).
5. Sherwin- Williams Co. (Sherwin- Williams).
6. Thorocoat by Degussa
2.2 PAINT MATERIALS, GENERAL
A. Material Compatibility: Provide block fillers, primers, and finish-coat materials that are
compatible with one another and with the substrates indicated under conditions of service and
application, as demonstrated by manufacturer based on testing and field experience.
B. Material Quality: Provide manufacturer's best-quality paint material of the various coating
types specified that are factory formulated and recommended by manufacturer for application
indicated. Paint-material containers not displaying manufacturer's product identification will
not be acceptable.
1. Proprietary Names: Use of manufacturer's proprietary product names to designate colors
or materials is not intended to imply that products named are required to be used to the
exclusion of equivalent products of other manufacturers. Furnish manufacturer's material
data and certificates of performance for proposed substitutions.
C. Colors: As selected by Architect from manufacturer's full range.
2.3 CONCRETE UNIT MASONRY BLOCK FILLERS
A. Concrete Unit Masonry Block Filler: Factory-formulated high-performance latex block fillers.
1. Benjamin Moore; Moorcraft Super Craft Latex Block Filler No. 285: Applied at a dry
film thickness of not less than 8. I mils
2. Benjamin Moore; Moore's IMC Latex Block Filler No. M88: Applied at a dry film
thickness of not less than 8.1 mils
3. ICI Dulux Paints; Bloxfil 4000-1000 Interior/Exterior Heavy Duty Acrylic Block Filler:
Applied at a dry film thickness of not less than 7.0 to 14.5 mils
4. M. A. B. Paint; Block Kote No. 1000 Acrylic Latex Block Filler 064-145: Applied at a
dry film thickness of not less than 12.0 mils
5. Pittsburgh Paints; 6-7 SpeedHide Interior/Exterior Masonry Latex Block Filler: Applied
at a dry film thickness of not less than 6.0 to 12.5 mi Is
6. Sherwin- Williams; Prep Rite Interior/Exterior Block Filler B25W25: Applied at a dry
film thickness of not less than 8.0 mils
7. Thoro Block Filler by Degussa. Applied at a dry film thickness of no less than 8.0 mils
2.4 EXTERIOR PRIMERS
City of Miami Beach
South Pointe Park
11 Nov 06
A. Exterior Concrete and Masonry Primer: Factory-formulated alkali-resistant acrylic-latex primer
for exterior application.
1. Benjamin Moore; Moore's Acrylic Masonry Sealer No. 066: Applied at a dry film
2. Benjamin Moore; Moore's Alkyd Masonry Sealer No. 077: Applied at a dry film
thickness of not less than 2.7 mils
3. ICI Dulux Paints; 2000-1200 Dulux Professional Exterior 100 Percent Acrylic Latex
Primer: Applied at a dry film thickness of not less than 1.6 mils
4. M. A. B. Paint; Lok Tite Latex Masonry Primer 056-125: Applied at a dry film thickness
of not less than 1.5 mils
5. Pittsburgh Paints; 6-603 SpeedHide Interior/Exterior Acrylic Latex Alkali Resistant
Primer: Applied at a dry film thickness of not less than 1.5 mils
6. Sherwin- Williams; Loxon Exterior Masonry Acrylic Primer A24 W300: Applied at a dry
film thickness of not less than 3.0 mils
7. Sherwin-Williams; A-100 Latex Exterior Wood PrimerB42W41: Applied at a dry film
thickness of not less than 1.4 mils
8. 'J'horo Primer P2K by Degllssa: Applied no less than 1.8 mils dry film thickness.
B. Exterior Aluminum Primer under Acrylic Finishes: Factory-formulated acrylic-based metal
primer for exterior application.
1. Benjamin Moore; Moore's IMC Acrylic Metal Primer No. M04: Applied at a dry film
thickness of not less than 2.0 mils
2. ICI Dulux Paints; 4020-XXXX Devflex DTM Flat Interior/Exterior Waterborne Primer
& Finish: Applied at a dry film thickness of not less than 2.2 mils
3. ICI Dulux Paints; 4160-XXXX Devguard Multi-Purpose Tank & Structural Primer:
Applied at a dry film thickness of not less than 2.0 mils
4. M. A. B. Paint; Rust-O-Lastic Hydro-Prime II Acrylic (DTM) Maintenance Primer 073-
189: Applied at a dry film thickness of not less than 2.0 mils
5. Pittsburgh Paints; 90-709 Pitt-Tech One Pack Interior/Exterior PrimerlFinish DTM
Industrial Enamel: Applied at a dry film thickness of not less than 3.0 mils
6. Sherwin- Williams; primer not required over this substrate.
7. Sherwin- Williams; DTM Acrylic Primer/Finish B66Wl: Applied at a dry film thickness
of not less than 2.5 mils
2.5 EXTERIOR FINISH COATS
A. Exterior Flat Acrylic Paint: Factory-formulated flat acrylic-emulsion latex paint for exterior
application.
1. Benjamin Moore; Moorcraft Super Spec Flat Latex House Paint No. 171: Applied at a
dry film thickness of not less than 1.2 mils
2. ICI Dulux Paints; 2200-XXXX Dulux Professional Exterior 100 Percent Acrylic Flat
Finish: Applied at a dry film thickness of not less than 1.4 mils
3. M. A. B. Paint; Fresh Kote Latex House Paint 409 Line: Applied at a dry film thickness
of not less than 1.7 mils
4. Pittsburgh Paints; 6-600 Series SpeedHide Exterior House Paint Flat Latex: Applied at a
dry film thickness of not less than 1.3 mils
City of Miami Beach
South Pointe Park
11 Nov06
5. Sherwin- Williams; A-I 00 Exterior Latex Flat House & Trim Paint A6 Series: Applied at
a dry film thickness of not less than 1.3 mils
6. Thorocoat Flat Acrylic Paint by Degussa: Applied at a dry film thickness of not less than
1.4 mils
PART 3 - EXECUTION
3.1 EXAMINATION
A. Examine substrates, areas, and conditions, with Applicator present, for compliance with
requirements for paint application. Comply with procedures specified in PDCA P4.
] . Proceed with paint application only after unsatisfactory conditions have been corrected
and surfaces receiving paint are thoroughly dry.
2. Start of painting will be construed as Applicator's acceptance of surfaces and conditions
within a particular area.
B. Coordination of Work: Review other Sections in which primers are provided to ensure
compatibility of the total system for various substrates. On request, furnish information on
characteristics of finish materials to ensure use of compatible primers.
1. Notify Architect about anticipated problems when using the materials specified over
substrates primed by others.
3.2 PREPARATION
A. General: Remove hardware and hardware accessories, plates, machined surfaces, lighting
fixtures, and similar items already installed that are not to be painted. If removal is impractical
or impossible because of size or weight of the item, provide surface-applied protection before
surface preparation and painting.
1. After completing painting operations in each space or area, reinstall items removed using
workers skilled in the trades involved.
B. Cleaning: Before applying paint or other surface treatments, clean substrates of substances that
could impair bond of the various coatings. Remove oil and grease before cleaning.
]. Schedule cleaning and painting so dust and other contaminants from the cleaning process
will not fall on wet, newly painted surfaces.
C. Surface Preparation: Clean and prepare surfaces to be painted according to manufacturer's
written instructions for each particular substrate condition and as specified.
] . Provide barrier coats over incompatible primers or remove and reprime.
2. Cementitious Materials: Prepare concrete, concrete unit masonry, cement plaster, and
mineral-fiber-reinforced cement panel surfaces to be painted. Remove efflorescence,
chalk, dust, dirt, grease, oils, and release agents. Roughen as required to remove glaze.
City of Miami Beach
South Pointe Park
11 Nov 06
If hardeners or sealers have been used to improve curing, use mechanical methods of
surface preparation.
a. Use abrasive blast-cleaning methods if recommended by paint manufacturer.
b. Determine alkalinity and moisture content of surfaces by perfonning appropriate
tests. If surfaces are sufficiently alkaline to cause the finish paint to blister and
bum, correct this condition before application. Do not paint surfaces if moisture
content exceeds that permitted in manufacturer's written instructions.
c. Clean concrete floors to be painted with a 5 percent solution of muriatic acid or
other etching cleaner. Flush the floor with clean water to remove acid, neutralize
with ammonia, rinse, allow to dry, and vacuum before painting.
3. Wood: Clean surfaces of dirt, oil, and other foreign substances with scrapers, mineral
spirits, and sandpaper, as required. Sand surfaces exposed to view smooth and dust off.
a. Scrape and clean small, dry, seasoned knots, and apply a thin coat of white shellac
or other recommended knot sealer before applying primer. After priming, fill
holes and imperfections in finish surfaces with putty or plastic wood filler. Sand
smooth when dried.
b. Prime, stain, or seal wood to be painted immediately on delivery. Prime edges,
ends, faces, undersides, and back sides of wood, including cabinets, counters,
cases, and paneling.
c. If transparent finish is required, backprime with spar varnish.
d. Backprime paneling on interior partitions where masonry, plaster, or other wet
wall construction occurs on back side.
e. Seal tops, bottoms, and cutouts of unprimed wood doors with a heavy coat of
varnish or sealer immediately on delivery.
4. Ferrous Metals: Clean ungalvanized ferrous-metal surfaces that have not been shop
coated; remove oil, grease, dirt, loose mill scale, and other foreign substances. Use
solvent or mechanical cleaning methods that comply with SSPC's recommendations.
a. Blast steel surfaces clean as recommended by paint system manufacturer and
according to [SSPC-SP 6/NACE No.3]
b. Treat bare and sandblasted or pickled clean metal with a metal treatment wash coat
before priming.
c. Touch up bare areas and shop-applied prime coats that have been damaged. Wire-
brush, clean with solvents recommended by paint manufacturer, and touch up with
same primer as the shop coat.
5. Galvanized Surfaces: Clean galvanized surfaces with nonpetroleum-based solvents so
surface is free of oil and surface contaminants. Remove pretreatment from galvanized
sheet metal fabricated from coil stock by mechanical methods.
D. Material Preparation: Mix and prepare paint materials according to manufacturer's written
instructions.
1. Maintain containers used in mixing and applying paint in a clean condition, free of
foreign materials and residue.
City of Miami Beach
South Pointe Park
11 Nov 06
2. Stir material before application to produce a mixture of uniform density. Stir as required
during application. Do not stir surface film into material. If necessary, remove surface
film and strain material before using.
3. Use only thinners approved by paint manufacturer and only within recommended limits.
E.
Tinting: Tint each undercoat a lighter shade to simplify identification of each coat when
multiple coats of same material are applied. Tint undercoats to match the color of the finish
coat, but provide sufficient differences in shade of undercoats to distinguish each separate coat.
3.3
APPLlCA nON
A.
General: Apply paint according to manufacturer's written instructions. Use applicators and
techniques best suited for substrate and type of material being applied.
1. Paint colors, surface treatments, and finishes are indicated in the paint schedules.
2. Do not paint over dirt, rust, scale, grease, moisture, scuffed surfaces, or conditions
detrimental to formation of a durable paint film.
3. Provide finish coats that are compatible with primers used.
4. The term "exposed surfaces" includes areas visible when permanent or built-in fixtures,
grilles, convector covers, covers for finned-tube radiation, and similar components are in
place. Extend coatings in these areas, as required, to maintain system integrity and
provide desired protection.
5. Paint surfaces behind movable equipment and furniture the same as similar exposed
surfaces. Before final installation of equipment, paint surfaces behind permanently fixed
equipment or furniture with prime coat only.
6. Paint interior surfaces of ducts with a flat, nonspecular black paint where visible through
registers or grilles.
7. Paint back sides of access panels and removable or hinged covers to match exposed
surfaces.
8. Finish exterior doors on tops, bottoms, and side edges the same as exterior faces.
9. Finish interior of wall and base cabinets and similar field-finished casework to match
exterior.
10. Sand lightly between each succeeding enamel or varnish coat.
B. Scheduling Painting: Apply first coat to surfaces that have been cleaned, pretreated, or
otherwise prepared for painting as soon as practicable after preparation and before subsequent
surface deterioration.
1. The number of coats and film thickness required are the same regardless of application
method. Do not apply succeeding coats until previous coat has cured as recommended by
manufacturer. If sanding is required to produce a smooth, even surface according to
manufacturer's written instructions, sand between applications.
2. Omit primer over metal surfaces that have been shop primed and touchup painted.
3. If undercoats, stains, or other conditions show through final coat of paint, apply
additional coats until paint film is of uniform finish, color, and appearance. Give special
attention to ensure that edges, comers, crevices, welds, and exposed fasteners receive a
dry film thickness equivalent to that of flat surfaces.
4. Allow sufficient time between successive coats to permit proper drying. Do not recoat
surfaces until paint has dried to where it feels firm, and does not deform or feel sticky
City of Miami Beach
South Pointe Park
11 Nov 06
under moderate thumb pressure, and until application of another coat of paint does not
cause undercoat to lift or lose adhesion.
C. Application Procedures: Apply paints and coatings by brush, roller, spray, or other applicators
according to manufacturer's written instructions.
1. Brushes: Use brushes best suited for type of material applied. Use brush of appropriate
size for surface or item being painted.
2. Rollers: Use rollers of carpet, velvet-back, or high-pile sheep's wool as recommended by
manufacturer for material and texture required.
3. Spray Equipment: Use airless spray equipment with orifice size as recommended by
manufacturer for material and texture required.
D. Minimum Coating Thickness: Apply paint materials no thinner than manufacturer's
recommended spreading rate to achieve dry film thickness indicated. Provide total dry film
thickness of the entire system as recommended by manufacturer.
E. Mechanical and Electrical Work: Painting of mechanical and electrical work is limited to items
exposed in equipment rooms and occupied spaces.
F. Mechanical items to be painted include, but are not limited to, the following:
1. Uninsulated metal piping.
2. Uninsulated plastic piping.
3. Pipe hangers and supports.
4. Tanks that do not have factory-applied final finishes.
5. Visible portions of internal surfaces of metal ducts, without liner, behind air inlets and
outlets.
6. Duct, equipment, and pipe insulation having "all-service jacket" or other paintable jacket
material.
7. Mechanical equipment that is indicated to have a factory-primed finish for field painting.
G. Electrical items to be painted include, but are not limited to, the following:
1. Switchgear.
2. Panelboards.
3. Electrical equipment that is indicated to have a factory-primed finish for field painting.
H. Block Fillers: Apply block fillers to concrete masonry block at a rate to ensure complete
coverage with pores filled.
1. Prime Coats: Before applying finish coats, apply a prime coat, as recommended by
manufacturer, to material that is required to be painted or finished and that has not been prime
coated by others. Recoat primed and sealed surfaces where evidence of suction spots or
unsealed areas in first coat appears, to ensure a finish coat with no bum-through or other defects
due to insufficient sealing.
J. Pigmented (Opaque) Finishes: Completely cover surfaces as necessary to provide a smooth,
opaque surface of uniform finish, color, appearance, and coverage. Cloudiness, spotting,
City of Miami Beach
South Pointe Park
11 Nov 06
holidays, laps, brush marks, runs, sags, ropiness, or other surface imperfections will not be
acceptable.
K. Transparent (Clear) Finishes: Use multiple coats to produce a glass-smooth surface film of
even luster. Provide a finish free of laps, runs, cloudiness, color irregularity, brush marks,
orange peel, nail holes, or other surface imperfections.
L. Stipple Enamel Finish: Roll and redistribute paint to an even and fine texture. Leave no
evidence of rolling, such as laps, irregularity in texture, skid marks, or other surface
imperfections.
M. Completed Work: Match approved samples for color, texture, and coverage. Remove, refinish,
or repaint work not complying with requirements.
3.4 FIELD QUALITY CONTROL
A. Owner reserves the right to invoke the following test procedure at any time and as often as
Owner deems necessary during the period when paint is being applied:
1. Owner will engage a qualified independent testing agency to sample paint material being
used. Samples of material delivered to Project will be taken, identified, sealed, and
certified in the presence of Contractor.
2. Testing agency will perform appropriate tests for the following characteristics as required
by Owner:
3. Owner may direct Contractor to stop painting if test results show material being used
does not comply with specified requirements. Contractor shall remove noncomplying
paint from Project site, pay for testing, and repaint surfaces previously coated with the
noncomplying paint. If necessary, Contractor may be required to remove noncomplying
paint from previously painted surfaces if, on repainting with specified paint, the two
coatings are incompatible.
3.5 CLEANING
A. Cleanup: At the end of each workday, remove empty cans, rags, rubbish, and other discarded
paint materials from Project site.
1. After completing painting, clean glass and paint-spattered surfaces. Remove spattered
paint by washing and scraping without scratching or damaging adjacent finished surfaces.
3.6 PROTECTION
A. Protect work of other trades, whether being painted or not, against damage from painting.
Correct damage by cleaning, repairing or replacing, and repainting, as approved by Architect.
B. Provide "Wet Paint" signs to protect newly painted finishes. After completing painting
operations, remove temporary protective wrappings provided by others to protect their work.
City of Miami Beach
South Pointe Park
11 Nov 06
1. After work of other trades is complete, touch up and restore damaged or defaced painted
surfaces. Comply with procedures specitied in PDCA PI.
3.7 EXTERIOR PAINT SCHEDULE
A. Concrete, Stucco, and Masonry (Other Than Concrete Unit Masonry): Provide the following
tinish systems over exterior concrete, stucco, and brick masonry substrates:
1. Flat Acrylic Finish: Two finish coats over a primer.
a. Primer: Exterior concrete and masonry primer.
b. Finish Coats: Exterior flat acrylic paint.
B. Concrete Unit Masonry: Provide the following tinish systems over exterior concrete unit
masonry:
1. Flat Acrylic Finish: Two finish coats over block filler.
a. Block Filler: Concrete unit masonry block tiller.
b. Finish Coats: Exterior flat acrylic paint.
C. Mineral-Fiber-Reinforced Cement Panels: Provide the following tinish systems over exterior,
mineral-tiber-reinforced cement panels:
1. Flat Acrylic Finish: Two finish coats over a primer.
a. Primer: Exterior concrete and masonry primer.
b. Finish Coats: Exterior flat acrylic paint.
D. Exterior Gypsum Softit Board: Provide the following tinish systems over exterior gypsum
soffit board:
1. Flat Acrylic Finish: Two finish coats over an exterior alkyd- or alkali-resistant primer.
a. Primer: Exterior gypsum soffit board primer.
b. Finish Coats: Exterior flat acrylic paint.
E. Smooth Wood: Provide the following tinish systems over smooth wood siding, wood trim, and
other smooth exterior wood surfaces:
1. Flat Acrylic Finish: Two finish coats over a primer.
a. Primer: Exterior wood primer for acrylic enamels.
b. Finish Coats: Exterior flat acrylic paint.
F. Ferrous Metal: Provide the following tinish systems over exterior ferrous metal. Primer is not
required on shop-primed items.
1. Flat Acrylic Finish: Two finish coats over a rust-inhibitive primer.
')
City of Miami Beach
South Pointe Park
11 Nov 06
a. Primer: Exterior ferrous-metal primer.
b. Finish Coat: Exterior low-luster acrylic paint.
G. Zinc-Coated Metal: Provide the following finish systems over exterior zinc-coated metal
surfaces:
1. Flat Finish: Two finish coats over a galvanized metal primer.
a. Primer: Exterior galvanized metal primer.
b. Finish Coat: Exterior low-luster acrylic paint.
END OF SECTION 09912
~
:0
OJ
)>
(J)
m
"U
r
:':i
m
"T1
o
:JJ
(J) .
I
)>
o
m
(J)
--i
:JJ
C
()
--i
C
:JJ
m
lJ. i
~ ~
r..
R~
}!l
. .. "In r II' . r r . Ii Ii TI
I n 11111111 ilill IIpl ~
C i g n , r, II' I., I I ' 0
i !; iil il ul h it; , I ~
i Ii iP lUll llii: ; i ~
: I! I; Iii:! U II i ~ i rTl
II ~;I iill! !nll I I ~
1.1 i Ii hi i i! I' ;
I il I.: I ; ,I !
= i!! '. i
1 ."
en
I
-"
o
-"
w 1111-1 ~ "mI" " 'e" I~' . ! s::
II -'ii ~ '\ill ." .,1 Ii' 'II )>
i ill;, ~ III I ii,e 51; II (J)
il 1;1.' i Iii i !I! h~ : ~
h :II'I~I'II ~ ih i hi ij~1 PI ~
ii ,.. 'I I ill I OJ
1,111 ~ilil ill i ,ii I! i i ~
0' rill !II I In i! n ~
!! II !,I I ~I! Ii ii ~
!t Iii I! d ;, J I -<
II '." " 1,1 I' OZ
11 ,= II Iri I I, ,I ~
!I ~, ! I :i d rn
ii I I I. il . .
i~l<:i Ii '.I.;.'.:';ii. D[
~ ", ' (
c ;
;;0. p ~::" ~ t
@'Ii i~~~~
;"'~
If"a)
;J.1"O
i4f ~..~g--o
!f~l~ni~
!1!;l1i~~
"U
)>
<
r=
6
z
OJ
c
r=
o
Z
G1
~~
:01;
m
(J)
--i
:JJ
C
()
--i
C
:JJ
m
(J)
~
~
c
b
'z
"."'~fl ~t"U ~mw, m~g ~.m.. ~ ..i"~.'a .~.~, ..i,j, ..WHI" m~., Fl';'
i;.;~~i!W~ l!J f"'~~ ig:~!f~~ ~~~f.~1l1J~~i!~ H,l~l~i ~ ~~~ ~~il.lF3~ $$6"'&.[- il:lllg~,<'lii. 3~~~j~
mi~. ~;, · j ~h~ l! ~ ~~w 1 ~;h~ n~~l"~ ih[l~ mu, mif.1 ~ifm ,llj i
H.i;l-n,~.t il;;. ~ fl31~,~ fl(~. ~ i~~itm ;~;;'f _.011 i:~i"z iii,:lH ;ii.~ia~ H;!'fii'i I ~
1::1 III - f ! ....;t. - m l:lllld "'~l~ ~ t::-'h 0
<>~ !1~ ~ .. ~W1.-";'J .ill'" ih il tit ~~!('f>> Q!
~~.. '" ~"'ll ~ _ ~. .. ~ n~: ~
~ ~ ~;r1: '" Jf ;'. i ~
! " ~
"
)>
;;u
"
r--r- r__
r 10'."
r--r--r--r__r__r__
9'.6"
62'-4" TO END OF BUILDING
'--.J __
1.1 PARTIAL ROOF PLAN
-102 SCALE: 118" = 1'.{)"
,"
~; ,<-0' \ G4
, \ '-
,<-0' '~4 \
'-, >
'",/
WINDOWS
BELOW, TYP.
WOOD DECKING ON
CONTINUOUS METAL SUPPORTS
WITH INSULATED CONCRETE TOPPING (R-19)
SLOPED AS REQUIRED FOR DRAINAGE
OVER WATERPROOFING MEMBRANE
APPLIED TO CONCRETE SLAB, TVP.
T.O. CANOPY
+ 30'-60 NAVD
EXPOSED CONCRETE
SLAB WITH CLEAR
WATERPROOF SEALER
"\
~ ~~R L~tuPP GEfOW:-~---
\.. --..",. 3~ DtA. DRAIN BELD . REF. MEP DRAWINGS ')
SOLAR LIGHT --.- -"---' -'-"-"-"---"7!:'
RECESSED a-,05.26.06
IN WOOD DECK
BELOW, TYP.
7'-11"
EB
SOUTH POINTE PARK Miami Beach, FL
ADDENDUM 2 30 NOVEMBER 2006
Hargreaves & Associates I William Lane Architect - consultant
'J
11.30.06
10'-5-
~
~
;
Issue Date
2 90% CONSTRUCTION DOC. 04.27.06
3 100% CONSTRUCTION DOC. 05.26.06
4 ADDENDUM 1 11.02.06
5 ADDENDUM 2 11.30.06
i!~'1AI
!iF'leD
i'it <~.o
,m i~Hf -0
", <"-~ ~
ilh'ii~~
I;
fl
!
(f) f' n I:
I ~
-" ~
0
w
z
~
:I>
en
-i
:I>
r
o
o
Z
-i
en
-i
:D
c:
o
-i
5
z
o
o
Z
-i
:D
o
r
r
Z
m
- - - - -l~-1-S~O')
'1-S\'\O')
I>
~ ~ I
ii!
Gl
:I>
:D
:I>
Gl
m
"T1
o
"_ c:
~~ Z
m~ 0
ii ~
!8~
~~ "T1
80~
~i~
,~ z
E~ Gl
U~
~~ Z
H
~~
~~
~5
.z
~~
!I
~~ ~
~ E
> "
~ :
b
"
'"
~
~
c
b
~
,,(
(
\
"-J _L
01 -., 0 I ! -., 11 .
Gee
/
"
~Gl
~:I>
..:D
~~
~m
:D
o
o
"T1
r
m
<
m
r
~-~
. .:1>
. ;;::
I z
iI Gl
~ -U
);;
or
UL
u'"
In
. n1
I ~
m
m
<
~
~
~
e
fWI ~Wt ~2~P! ~~~~.~ .nu *.f~>H ,'-e' ."Z"" ""nO m
'l.n glt~! ~;F io ~fm: &!j'l ~~~.[H ~1~H ~~~~r~ :p-*~ mm liP;' n-
[~rH ~~n ,~i~ H ~ij~~'! ~;,~[ n;;Rl ~~m 1~[H, i,;~!~lj ;~~~., ;Uj!>! ~ ~ gj
,. ~l - , ~~. ",C , '.~~tm "Sj'}:[ i:N' ..c!~ H;m ~',n!'" , ~ ~;u c
~!!' , .it. d e~! e'I~~ ";,;{', 15 ~ <0 )>" :t
~_~ ,,;,,~..~ ::;::r ~~1 S;( oC~ ~~!(l ^'~
~ ;r ~'h ~ ~ ! '~ ~.! ~ ~ ~ ~ ~ ;g
! 0; )> ~ ~~ ~
: . en
! ! UH pnr:nn J III I HUH . . . ~~!ff!!~
.. . 010 .. . J
:: nn oouuu ~ p EPE nun * ~HO~HHp liil
. . "I
" ! ! !! ~~::~~~~~:I~ ,~~, ~,~,,~ ~ ~ .~~~~~~~~~II ,J
. . III
.. II! '!" '!" "I' ~... ~ ......
q ! J I I ~:HI~:SS:!:HI!"'I ~~JJ'!J~I~.I III
:J:r :t ~ , J , ~ il I' , , , "I
1\'
,'l
>>- II ,iii.
I ro IIi
. I ~
~ ~ i
:I: I
II !IJI :tI~:tI~:ss:!:a:al'n m I
.. J ~ S , ~ il I' , , 'l :a :a :a ;I ;I 'l :a I 'l n 0
C
r-
3 II $ ~ ~ cu II~ ~ Iii.
..
.................... · "U · i -
U .................. m a ~ :1' ,~
4 i I a r= 6" s:
~ . ": .. ": -44- -I' ~15 II
II , H .~~.......... I Z I!
I "ii
a III' ,I
i I UP II '
I III i jL-
,0
.. III i
a .
!Hi~
W\.-J
i~Jl , CD
",t",o
:n!fd~j -0
i!inN~
II!f'1i~~
I.!
f~
~i
r
PH
U> N
a, ~
C> "
~
. " - .."
0
. sa
:.- 5'
... ~ 10
en
"
::r
CD
c.
c:
10
. f J "U
.. J ~
;, t t t . 0'
, , , . ::>
"
" '"
n
00'--
8.' .
8- . .
0- . .
()
o
t\r
l>(fl
~()
l>I:
t\m
mo
, c
r
m
, ~
r,..t...,P61
il~ Ii il~ Ii
.I~ fi
~i~ t-
-
""
I
00
g~
t
~
it
i .l-
z z:
.."
o
sa
5'
10
~
. III 0 f
0 en
Ii ...:.... r "
.~ ::r
CD
c.
II ....... . .... c:
1m 10
....... - , I'
,i ..~II'~II'~ . I~ , ~ G)
I' Z ~
I' m t t t OJ
0 1 10
..~.,.,...I. c , , , CD
I r
m
..
WOOP'I
lJrI)t.4TERi
o
o
"0 r
)>.
~~
r J:
o ~
z c:
r
m
.~ -j--"'--t .~
~If t1il ~I~
w
-Fr
!II
~: ::"Or
lEJ ,n'
.!~I~ ".~!
., If' .t-.
e~, ! <IF
~"r[ ~ ~"l'
~~"J. ~ Lh
nu~
t~"i ~
~~~; I
Uf
~ r:
.
~
~~iH
i~~H
',-;!J'!C
-~
mo. ~ .mm .~.w' m,ji .'1H~. ..'"~' I'''';'
l;l!~~~ ~i~~~~!i ~".~~~ ~:.:l;Llt3~ u:""iD.l" ~~olt:gfl ~"~i!
~~!H ~~~~l;>!i ib[i~ m~.~' !~M.j Im.ii .:1, i .
,..'t r.-, . "'!". "r!~ "r'-~ ,_,r,>.. I r
>,. . '[ , ~ .., .'1'< ".~i 0
!i JW!- ~!!'oo ih ~h!l "i_~~ . ~
~ .~J [ ~ i ~. '< '- ~ ti s ~ ~
~. ~ c ~. ~
~ en
" 0
;0 C
~~~
m;Oll
~^~
<ri IT1
The following document was part of Addendum No. 10 for ITS-09-06 for the
Construction Improvements to South Pointe Park. Please note that only the
items that are relevant to ITS-26-06/07 are provided.
I. The following are questions and answers to questions from prospective bidders.
Q. Please refer to note 6 on Drawings D-001 through D-002, which indicates "existing Rip
Rap to remain undisturbed". Invitation to Bid (Sheet 7) also indicates the existing sea wall
to remain in its current location. However, note on Drawing L-110 indicates "new Rip
Rap, not in project area". We understand, unless directed otherwise, that the existing Rip
Rap at all locations, both inside and outside the property line, will remain as is,
undisturbed, and that there will be no new Rip Rap work at all required from the bidders.
A. The rip rap at all locations is to remain undisturbed.
Q. Please refer to Specifications Section 02751,2.7, page 5. There is no color chosen for
the Cement concrete Paving. Drawing L-113 indicates only "Color A" or "Color B" with no
indication of the actual selected "shell" color.
The range of pricing within the color product line is very wide, therefore, please provide
actual color selection. We are estimating, unless an actual selection is provided, that the
color will be selected by the successful bidder and approved by the Owner with no
modifications.
A. Color A1 is to be Scofield Group 2 custom color "South Pointe Beach Beige"
Color A2 is to be Scofield Group 2 custom color to be determined
B refers to keystone material
Q. Alternates 1 and 2 cannot be accurately priced with the provided information, which has
no plans and construction details. Please provide drawings, details and specifications for
the alternates. We are estimating, unless those are provided, that the Alternate amounts
in the Bid Form will be Budgets or Allowances only, and not firm committed prices.
A. Please use the below allowances for bidding purposes only. Actual cost to be
negotiated during Contract Negotiations.
- All. #1: $160,000
- All. #2: $450,000
Attached to this Addendum is an amended bid form (page 63), please use this
amended form to provide your bid price response.
Q. In the Invitation to Bid, page 16, Phase One, there is a reference to a "temporary parking
lot" No other reference to this is included within the bid documents. Please provide
drawings, details and specifications for the work. We are estimating, unless those are
provided, that this work is not included in this project's Scope of Work and Bid Sum. In
addition, the provisions of Section 01010, Page 6, D.2, are not enough for pricing. Full
design, especially for the parking lighting, is required. Please provide details of
Landscape Buffer, Lighting, signage, etc. to ensure a fair and equitable bid, and eliminate
any possible liability issues related to failure to properly design a public parking area.
A. Please see enclosed Temporary Parking drawing L406, drawing to be downloaded
separately as an attachment to this Addendum.
Q. There is no specific reference to indicate exactly how the access to Smith and
Wollenski's will be provided during construction. Please provide locations and details of
specific items to be provided, such as parking areas, covered walks, temporary bridges,
or any other. We are estimating, unless details are provided, that the MOT for the
restaurant will consist only of yellow taped cordoned areas or paths.
A. Access from the parking lot to Smith and Wollensky is clarified in temporary
parking drawing L406. Ramps, steps, pathways and shade elements directly in
front of Smith and Wollensky to remain in its current condition. Please refer to the
Contract Documents for MOT requirements. It is the Contractor's responsibility to
comply with the requirements stipulated in the Contract Documents. Please pay
close attention to Division 1 ofthe Technical Specifications (Addendum # 3 Exhibit
B).
Q. There is no reference in the bid documents to any Traffic Signalization or any
modifications to the traffic patterns, signs or signals in the public ROW. We are
estimating, unless instructed otherwise, that any requirements from any agency,
including Public Works, for any traffic modifications are excluded form this project's
scope of work.
A. To be included within allowance of Alternate #2.
Q. We are estimating, unless instructed otherwise, that any requirements from any agency,
for any wetland mitigation, hazardous material clean-up, asbestos removal, contaminated
soil removal, removal of unsuitable materials, demucking, soil improvement, wildlife or
historical preservation or other similar impacting requirements, are excluded from this
project's scope of work. Please confirm.
A. It is the Contractor's responsibility to comply with the requirements stipulated in
the Contract Documents. Please pay close attention to Division 1 (Addendum #3
Exhibit B) and Division 2 - 02300 Earthwork of the Technical Specifications. With
respect to the asbestos removal, the asbestos abatement associated with the
demolition ofthe existing structures referenced in Exhibit D of Addendum #3 is not
to be included as part of the scope of work (NIC).
Q. We are estimating, unless instructed otherwise, that any costs due to finding unforeseen
subsurface structures or artifacts, including, existing foundations, utilities, or other similar
impacting requirements, are excluded from this project's scope of work. Please confirm.
A. It is the Contractor's responsibility to comply with the requirements stipulated in
the Contract Documents. Please pay close attention to Division 1 (Addendum #3
Exhibit B), Division 2 - 02200 Demolition and 02300 Earthwork.
Q. MAJOR DEWATERING AND SHEET PILING
Structural drawings show bottom of footings at elevation + 1.64'. Existing ground level at
the structures is +/- 7.;00', so excavation for footings will be approximately 5.33 feet
deep.
But the site, as per Geotech, is a 20 feet thick layer of sand, and the footings are large
enough so they are close within the buildings, therefore it will be necessary to excavate
the entire footprint of each building plus additional perimeter work area, down to
elevation +1.64, in order to form the footings, and then backfill that entire excavation by
+/- 5 feet. The bottom of these holes will be approximately 4 inches below the water table
average elevation of +2.0.
But in addition, Subsurface Exploration Report (Geotech) indicated in page 5 to "verify
the in-place compaction for a depth of one foot below the footing bottoms. If necessary,
compact the bottom of the excavations...... .for a depth of 1 foot below the footing
bottoms". Therefore, the entire excavations for all major structures (Pavilion Building,
Garage, Pump Room, Retaining walls for Land Forms, etc.) will require major dewatering
using well points, and sheet piling around the excavations.
1. Please confirm the above.
2. Please indicate to what location can the disposal water from the well point system to
be disposed of.
A. 1. Please see enclosed diagram, labeled Attachment A, for clarification of grades,
estimated water table elevations, and foundations. This diagram also shows
two approaches for excavation that the contractor might choose. These
methods may avoid the dewatering activities described in the bidder's
question.
2. If dewatering is required, the contractor should divide the footprint area into
two or more sections to be excavated. The contractor could then locate the
well points in the perimeter of one section and use the second section as water
settling/ retention area. Water that is pumped has to pass trough a settling tank
located on site. The tank will separate most of the silt. The tank will then
discharge into a temporary retention area within the site.
Q. For the water fountain on Washington Avenue, we understand from drawings S-502, and
WF-102, and unless directed otherwise, that there will be a total of ONE (1) Reservoir
(20' x 20'), FOUR (4) jet trenches, and THREE (3) Jet sumps in the projects. Please
confirm.
Drawing WF-1 03, Details 1 and 2: There are no structural details in either Structural or
Landscape Drawings for the trench structures and for the jet sumps. Please provide.
A. 1. This is correct.
2. Please refer to sheet 5-502, Section 3 for Jet for sump information contained
within Fountain Reservoir section. Attached please find structural detail for jet
trench, labeled Attachment B.
Q. Please refer to details 4 and 5, Drawing L-506:
We understand, unless instructed otherwise, that all of the work shown to the right of the
property line, work indicated as "work not in project area", is existing and not included in
the scope of work for this project.
It is indicated, for the existing sheet pile, that the "height varies". Please provide exact
heights of this existing sheet piling so that the depth of the new seatwall, indicated as "3'
min", can be accurately calculated. We are estimating, unless clarified otherwise, that the
depth of the seatwall will be exactly (NOT MIN) three feet (3'-0") below the top of the
existing seawall.
A. 1. This is correct.
2. This estimation is fine.
Q. Concrete with White Cement is not available in the Miami Dade county area because the
demand from ready mix suppliers for regular grey cement concrete is very large. Please
provide confirmation before the bid date that regular grey cement concrete is an
accepted substitute for colored concrete applications in this project.
A. Grey cement concrete is not acceptable.
Q. Please refer to Bid, Page 61, Permitting Matrix:
1. Please confirm that all the amounts indicated as "Paid" (including the $3,000 for DEP
(Deepwater Injection Well permit) will not be reimbursed to the City by the Contractor.
2. Please confirm that the $7,021 for the Tree Removal Permit will be paid by the City,
not the Contractor.
3. MDWASA: If the drawings have not been submitted to MDWASA pending review by
DERM, there is no way for the bidders to determine from MDWASA the amount of the
impact fee. We request that the Owner either establishes a cash allowance fro this
item so that ALL bids can be fair and equitable, or waive this requirement from the
Bid Documents.
4. We are also estimating, unless indicated otherwise, that the appropriate coordination
with the water and sewer authorities to accommodate the added potable water load
and sewer allocation to the project has been made; that there are no moratoriums in
place; that all requirements for easements, legal issues and improvements other than
those shown in plans have been or will be satisfied by the Owner, and that any and
all upgrade, meter or other fees from those agencies (either MDWASA or other) will
be paid by the Owner. Please confirm.
5. Please provide to the bidders a copy of the NPDES Plan, prepared by coastal
Systems, so the bidders can determine any costs associated with the requirements of
the plan.
A. 1. All permit fees indicated as "Paid" in the Permitting Matrix have been paid by
the City - including the $3,000 for DEP Deepwater injection well permit.
Reimbursement to the City by the Contractor will not be required.
2. The $7,021 for the Tree Removal Permit is a Bond required by Miami Dade
County to issue the Tree Removal Permit to the Contractor to ensure that the
work will be performed according to the permit. The Contractor will be
responsible for supplying this Bond. Upon successful completion ofthe work
associated with the Tree Removal Permit, Miami Dade County will refund the
Bond amount back to the Contractor.
3. The MDWASD impact fee will be paid by the City.
4. It is the Contractor's responsibility to comply with the requirements stipulated
in the Contract Documents. Please pay close attention to Invitation to Bid
Section 11.2 (Page 108) and Division 1 - 01060 ofthe Technical Specifications
(Addendum #3 Exhibit B).
5. The NPDES plan has been pre-approved; however, it is the Contractor's
responsibility to finalize and obtain applicable permits as per Contract
Documents. Please pay close attention to Division 1 - 01010 Section 1.24
Environmental Protection of the Technical Specifications (Addendum #3
Exhibit B).
Q. Please refer to Invitation to Bid, 11.2, Impact fees, Page 108:
If the drawings have not been submitted to Miami- Dade County Building Department for
review, there is no way for bidders to determine from Miami-Dade County the amount of
impact fee. We request that the Owner either establishes a cash allowance for this item
so that ALL bids can be fair and equitable, or waive this requirement from the Bid
Documents
A. The MDWASD impact fee will be paid by the City.
Q. Please refer to Invitation to Bid, Page 13; and also Section 00405, Page 60:
Please confirm that, since the Contractor will be required to subdivide the Master Permit
into sub-permits to coordinate with each phase of the project, therefore any additional
fees including major trades permit fees, due to this or any other modification to the
Master Permit and Major Trade Permits will also be waived.
A. It is the Contractor's responsibility to comply with the requirements stipulated in
the Contract Documents. Please pay close attention to Invitation to Bid Section
11.2 (Page 108) and Division 1 - 01060 ofthe Technical Specifications (Addendum
#3 Exhibit B) for Contractor's responsibility with regards to Permits, Licenses and
Impact Fees.
Q. We understand, unless instructed otherwise, that the existing drainage wells do not need
to be developed, and that the existing drainage structures will remain undisturbed with no
modifications. Please confirm.
A. The existing drainage structures will have minor modifications. Please refer to
sheet C-101 for further information.
Q. Since the existing vertical location of the Bell South fiber optic duct bank and FPL duct
bank is not known and cannot be provided to the bidders (Drawing C-1 01, General Note
5) we are therefore estimating that the bidders will not be required to include in the Bid
Sum, nor will be charged for any and all costs of repairs to those utilities during
construction. Please confirm.
A. It is the Contractor's responsibility to comply with the requirements stipulated in
the Contract Documents. Please pay close attention to Division 1- 01530 Sect. 1.05
of the Technical Specifications (Addendum #3 Exhibit B).
Q. We are estimating, unless indicated otherwise, that the appropriate coordination with FPL
to provide both temporary and permanent power to the project has been made, and that
any and all fees from FPL will be paid by the Owner. Please confirm and provide name
and phone number of FPL representative.
A. It is the Contractor's responsibility to comply with the requirements stipulated in
the Contract Documents. Please pay close attention to Invitation to Bid Sect.ion
11.2 (Page 108) Division 1- 01510 and 01060 of the Technical Specifications
(Addendum #3 Exhibit B). FPL contact: Bill Puertas, Florida Power and Light,
305-377-6125.
Q. Please refer to Drawing C-301:
Since all elevations in the Bid Documents are referenced to NA VD, we are estimating
that the label in the vertical scale ("Elevation in feet (NGVD") is incorrect. Please verify.
A. NGVD is incorrect. Units are in NA VD.
Q. Please refer to Addendum #3, Exhibit A, Item H:
Revised Civil Sheets C-1 01, C-102 and C-501, have not been made available. Please
provide
A. Civil sheet revisions to C-101, C102 will not be provided in a drawing format. The
revisions were provided as written modifications in Addendum #3.
Q. Please refer to instructions to Bidder, Contract Time, Page 81:
As provided for in Paragraph 2.5, and for the purpose of Bonding the project, it is
necessary that you please provide prior to Bid Date, copy of the Contract between City
and Consultant, showing specifically the daily costs for administering the construction of
the project.
Also, please provide estimated NTP date.
A. Refer to Invitation to Bid, Page 80 Section 2.1 and 2.1.1. For reference you may
download the Consultant Contract as a separate document from this Addendum.
Amendment No.1 of the contract is available and may be sent to you bye-mail by
request; romanmartinez@miamibeachfl.gov
Q. Please refer to Addendum #3:
Since the foundation and related support system of the art piece is the responsibility of
the selected contractor, please provide details of both Foundation and related support
system, or, of not available, provide for a cash allowance. That way, it is ensured that the
bids are fair and equitable.
A. Please see enclosed "Drift" drawings, labeled Attachment C, that show preliminary
foundation concept. Bidders should utilize this concept for pricing purposes.
Please note that structural information for the art piece itself will be provided by
others as noted on the drawing. Contractor to provide adequate protection for
exposed rebar above monolithic slab.
Q. We are estimating that Section 07410 Metal roof and Wall Panels was included by
mistake, since there is no Metal Roof or Wall Panels in the Project.
A. Section 07410 is appropriate as it applies to aluminum soffits. Please refer to soffit
detail #3 on sheet A-302.
Q. Other than the location of the center point for the pavilion and garage buildings on the
Layout Plans (Sheets 110 - 112), no other layout information is provided such as the
radii and the respective control points that will be required for construction of the building.
Please provide horizontal and vertical layout controls for the pavilion and garage
buildings.
A. Please see enclosed drawings, labeled Attachment D, that show pavilion and
storage building layout information.
Q. There are no footings indicated for columns 7, 17,26, and 29 on the Pavilion Building
Foundation Level Framing Plan on sheet S-1 01. Please provide the footing requirements
at the locations of these columns.
A. Columns 7 and 17 are sitting directly on grade beams GB-7 and GB-8. Footings for
columns 26 and 29 are type F1 (see revised 5-101; drawing may be downloaded as
a separate document attachment).
Q. The Pavilion Footing Schedule on sheet S-601 depicts a footing F-2 that is not shown on
the Foundation Level Framing Plan on sheet S-101. Please provide the location(s) for
footing type F-2
A. Footing F2 is not used in Pavilion building.
Q. The beam schedule for the pavilion on drawing S-601 does not contain information for
grade beams GB-1 thru GB-7 on the Foundation Level Framing Plan located on plan
sheet S-101 or for beam PB-4 on the Roof Level Framing Plan on sheet S-102. Please
provide the necessary dimensions/steel requirements for these beams.
A. Please see revised $-601 (drawing may be downloaded as a separate document
attachment).
Q. The door schedule on sheet A-601 depicts wood doors at some locations. There is no
specification provided for these wood doors. Please provide specifications for the wood
doors.
A. Please see attached wood door specifications section 08310.
Q. The civil drawings depict 4 drainage wells to be constructed. However, there is no
specification which outlines the requirements for the wells. Please provide specifications
for the drainage wells.
A. Please refer to sheet C-501, which shows well details and requirements (size and
capacity).
Q. The following list outlines specification sections that make reference to other specification
sections that do not form part of the bid documents. Please clarify if these sections are
required. If not required, please specify the correct reference section in the contract
documents.
A. Section 02666 references section 02515 Water Service, 02620 Sub-Drainage, 02700
Sewer and Drainage, 15055 Common Piping Requirements, 15140 Domestic Water
Piping and 16100 Wiring Methods. These sections do not form part of the bid
documents. Please clarify.
B. Section 02780 references Division 9 - Stone Paving and Flooring. This section does
not form part of the bid documents. Please clarify.
C. Section 04720 references section 040516 Masonry Grouting. This section does not
form part of the bid documents. Please clarify.
D. Section 05523 references section 05500 Metal Fabrications. This section does not
form part of the bid documents. Please clarify.
E. Section 05530 references Division 5 - Pipe and Tube Railing. This section does not
form part of the bid documents. Please clarify.
F. Section 15050 references Specification 09900 Painting. This section does not for part
of the bid documents. In addition, note that the architectural plans call for paint at
some locations in the Pavilion Building. Please clarify and provide this specification
accordingly.
G. Section 15300 refers to Division 16 section on Electrical Fire Alarm and Panels. This
section does not form part of the bid documents nor is there any Fire Alarm system
requirements indicated on the electrical plans. Please clarify.
A. A. Spec sections 02515 should refer to 02510; 02620 is not required; 02700
should refer to 02530 and 02635; 15055 should refer to 15010, 15023,
15044, 15047, 15050, and Division 15 as required; 16100 should refer to
16050 and Division 16 as required.
B. Spec section referred is not required.
C. Spec section is not provided. Contractor to provide grout as required per
002780 unit Pavers.
D. Spec section referred is not required.
E. Spec section referred is not required.
F. Spec section reference is 09912 Painting, which has been provided in
Addendum #6.
G. Spec section referred is not required. There is not fire alarm system on the
project.
Q. According to the FDEP Permit DA-532 (amend), the volume of fill to be placed to raise
the grade of the earthen berm was originally 39,043 cubic yards. The revised quantity is
20,633 cubic yards. Please explain the original quantity.
A. The original quantity was based on a preliminary grading study. Refinements to
grading altered the quantity.
Q. Please provide a plan sheet of the Drift Artwork that demonstrates the number and types
and sizes of the foundations. This information is not readily apparent in the "Structure
and Dimensions" sheet in the appendix.
A. Please see enclosed "Drift" drawings that show preliminary foundation concept.
Bidders should utilize this concept for pricing purposes.
Q. According to page 33 of the invitation to bid, the provisions of the Proposed Equal
Benefits Ordinance do not apply to contractors with less than 51 employees. Would the
City consider adding the following question to Section 1 of the declaration form?
Does your company have more than 51 employees? _yes or _ no. If yes, continue
answering the following questions. If no, skip to Section 4.
A. Attached to this addendum is amended page 36 of the bid document. The
amendment provides the bidder to skip sections on this page and sign and date
the form on page 38 if the contractor has 50 or less employees.
Q. The Miami-Dade Department of Business Development (DBD) does not have a pre-
qualification process for contractors. Please refer to the attached PDF document for their
response to our question about the categories.
A. The technical certifications requested on page 42 of the bid document have been
deleted. Technical certifications are not required, but bidder must provide copies
of all licenses, including GC and trades, and corporate certificates as outlined on
page 60 of the bid document. Attached to this Addendum are pages 40-43 which
have been amended, please replace these pages in the bid document.
)
Q. There is no call out for a structural beam for the windows between gridlines 2 and 7 on
the north elevation ofthe Vehicular Garage building. Please confirm ifthese windows are
to receive a lintel at the head and sill in accordance with the Lintel Detail for Masonry
Openings on structural drawing sheet S-505.
A. The windows on grid A and between grid 7 and 8 need to receive lintel. Please
refer to the lintel detail on 5-505 and to Structural Notes #9 on 5-504. Please refer
to revised sheet 5-501, drawing may be downloaded as a separate document
attachment.
Q. Addendum #3, Section C, Item 1 of the changes to the drawings specifies Tie Columns
to be added to the structures for both the Pavilion and Storage buildings. Please provide
the locations where each size tie column is to be built.
A. Revised sheet 5-102 and 5-103 shows tie columns and revised sheet 5-601 shows
tie column schedule (both drawings may be downloaded as a separate document
attachment).
Q. Our insurance carrier has confirmed that the $5,000.00 deductible for Builder's Risk is
not available in the market (page 106-107). The deductible will be 3% of the assessed
damage at the time of the loss. The policy will not be in effect for a period longer than a
year. Please review and revise the specification in accordance to current insurance
standards in the State of Ftorida.
A. After review of this question by the City's Risk Manager, the a Builder's Risk of
3%deductible for assessed damage at time of loss is an acceptable alternative.
This determination supersedes any language previously provided in the bid
document.
Q. As a follow-up to question #15, will the work be accepted and maintenance responsible
initiated by the City of Miami Beach for each phase? This will resolve the concern of the
insurance companies as to the policy exposure and term.
A.Builders Risk insurance must be in force during the full term of the construction
contract. Should the the City find in its best interest to accept phasing of the
project, insurance coverage's will be determined at that time.
II. CLARIFICATIONS:
1. Rebar: Please refer to drawing 5-504 schedule; drawing may be downloaded as
separate document attachment.
2. RoofinglWaterproofing: Please refer to Attachment E,
3. Earthwork: Please see attached documents. Accompanying drawings no. C02-
A, C02-B, C01-A, C01-B and C01-C, drawings may be downloaded as a separate
document to this addendum.
4. Attached to this Addendum is a bid price breakdown form, bidders are
requested to provide the attached form with their bid price form in a sealed
envelope. This form shall be used for information purposes only.
)
.CD
....c:
~
z
C')
I I
.. .. I
IbJ
III
~ T I
,..,
It I
III
.. ,
I I
i I
I
I
I I
l. "\- WI ... ~ \ , '..; ',... -\-
II!:
~,.... >_' It.:o.' to, l.
Attachment A
f
II ]
fJI
Ifl
III
!II
I I
~I
: I
I ~
~
..
....
Dt.
I I
... ''\ii''.~' <c. ..." ':' ..""~' ~ ;,,~. ~- "'" .
.... ~~~___ ."',.... ,,<'c! '&
Attachment A.. 2
...
....
o
,d r ·
4>
~ +<?J U (\I.)
~+ 6t{ (H.
~.
o ( 0
t4
~.' \1
"",,-u
alt... ~...e t '"t. ~A~.
(1 Y CONC@.
tJ ~ f ( otJ
Attachment B
II
_ .Q") ~;f ..GO It! ~
z;r;?I~ E v; ~ ~ of. *'~ "*:
L C--.........::!..m.. .. ':'-.';. t ;a ~ ~
G;. . ... ... ~ .&". ~ ~O-- -:- 5
a':PF... ~.. .~. ~ J ~ E 0
~. "~l?' tf t"'f~
a~,,!~ .Pl: 8
~ i f'r j:: l' p~ j,"!
~. f)
"
~
s.
~
.
\
z
~~-
t\
""\. ~
00 o.
~. ~
~. -a
A-.
II
"
.
..
'\
I~; )c
":::: I
t.. ~ )t
· I:'. I
I -:- I
1
o
i~
....+
\J ft",
<O-
f,
+.:t
~ A)
~ ~.
~. fl.
...
.......
.....,.....,
06
~t:
, i'
J-It\ >a:
-<t...... . ...;.(.... '...... ~.' ~.....
.. ~:
o : tf
'"'" i
o fon
> ~
~ ...c.
t.. ..... t.
..t:t "'"
1... _............ ..... .........
~,..: l;;..
e, ~ \Z..
:c>
.~
i
~
l'
It\
~
".
"'"
-
o
~
; ;
I;
s
~
Attachment C
.... ..P&..NI
1 .ej~j: 114" ........ ..,.
! ~
I ::u..-
t=,.
~
2Cr4"'
~"" (!)
-'~-'4' 115'-0'"
~"'~.. ,. .
"'"
i '.,
I
(ft) ('
'Y' i'
f / 15~_
." -l
I ,.
1/
@)
L
1
I
f!J
,
Attachment D
SOUTH POINTE. PMK Miami Beactl, FL.
AOOeOJM 3 m OECaEEFI 2006
HlII'tIJ'lSV88 & A:ssoclatas lW1l1am LansArdVtect - CiOfBIItanI
~ ~ ~1t"
\ 'IN" + 'IN"
,C";j
J'
,
\,.
,
t
I.~
i;:u
"U
i
ffi
~
f~"
SOUTH POfNTE PARK Miami Beach, FL
AOOeI)UM a m oe.ce.EEA 2005
H~ & As&ocia1s8 I WIIIBm laneArdil1ld - COl1lIIIbn
Attachment 0-2
Attachment E
December 8, 2006
RE: South Pointe Park - Pavilion and Vehicular Storage Building Roofing System Addendum
We have made the following clarifications to the waterproofing and roofing system's materials and
components:
1) Specifications
a) Section 07560 Hot Rubberized Asphalt Waterproofing - We have included an additional
manufacturer for this specification. Carlisle 500R Hot Applied Waterproofing. The specification
number for this system is 07125.
b) Section 07915 Waterproofing Silicone Sealants. We are recommending two products per section.
i) Silpruf SCS2000: Equivalent Dow Cording 795
ii) Silpruf SCS NB: Equivalent Dow Corning 795
iii) Silpruf LM: Equivalent Dow Corning 790
iv) Silpruf LM: SCS 2700: Equivalent Dow Corning 790
2) Drawings
a) A-202
i) DetaiI1/A-202 - The height of the parapet for the Vehicular Storage Building has been
increased 6"
ii) Detail 2/A-202 - The height of the parapet for the Vehicular Storage Building has been
increased 6"
iii) Detail 3/A-202 - The height of the parapet for the Vehicular Storage Building has been
increased 6"
iv) Detail 4/A-202 - The height of the parapet for the Vehicular Storage Building has been
increased 6"
b) A-306
i) Detail 7/A-306 - The height of the parapet for the Vehicular Storage Building has been
increased 6". A 3" light weight concrete topping has been included to protect the hot
rubberized waterproofing membrane.
ii) Detail 12/A-306 - The height of the parapet for the Vehicular Storage Building has been
increased 6". A 3" light weight concrete topping has been included to protect the hot
rubberized waterproofing membrane.
iii) Detail 6/A-306 - A two stage roof drain has been added. The insulation and hot rubberized
roofing system is further clarified.
iv) Detail 1 0/A-306 - The insulation and hot rubberized roofing system is further clarified.
v) Detail 11/A-306 - The insulation and hot rubberized roofing system is further clarified.
350 lincoln road. suite 501, miami beach, f10rida 33139
tel: 305 531 5292 fax: 305 531 5494
FL. Lie. # AA003666
City of Miami Beach
South Pointe Park
Project Manual
07 December 06
SECTION 07125
REINFORCED, HOT-APPLIED MEMBRANE WATERPROOFING
PART 1 - GENERAL
1.1 SECTION INCLUDES:
Installation of hot-applied membrane waterproofing on surfaces indicated on
drawings, consisting of preparation of existing and repaired concrete surfaces,
sealing of cracks and joints, and application of a 215 mil reinforced CCW-500-R
Hot-Applied Membrane Waterproofing.
1.2 RELATED SECTIONS
A. Section 03150 - Expansion Joints.
B. Section 03300 - Cast-In-Place Concrete.
C. Section 07900 - Caulking and Sealants.
D. Division 15 - Floor Drains and Standpipes.
E. Division 16 - Conduit and other Electrical.
1.3 REFERENCES
A. CGSB-37.50-M89 Canadian Specification for Hot-Applied, Rubberized Asphalt for
Roofing and Waterproofing.
B. ASTM applicable standards and test methods.
C. UL 790 Tests for Fire Resistance of Roof Materials.
1.4 SYSTEM DESCRIPTION
Product provided by this Section is a 215 mil thick, reinforced, hot-applied
rubberized asphalt membrane system, consisting of two layers of rubberized asphalt
membrane reinforced with polyester fabric.
1.5 SUBMITTALS
A. General: Submit in accordance with Section 01300.
B. Product Data: Submit manufacturer's product literature and installation instructions.
C. Subcontractor's approval by Manufacturer: Submit document stating manufacturer's
acceptance of subcontractor as an Approved Applicator for the specified materials.
D. Warranty: Submit a sample warranty identifying the terms and conditions stated in
Section 1.7.
REINFORCED, HOT-APPLIED MEMBRANE WATERPROOFING
07125
City of Miami Beach
South Pointe Park
Project Manual
07 December 06
1.6 QUALITY ASSURANCE
A. Applicator Qualifications: Applicator shall be experienced in applying the same or
similar materials and shall be specifically approved in writing by the membrane
manufacturer.
B. Regulatory Requirements: Comply with applicable codes, regulations, ordinances,
and laws regarding use and application of products that contain volatile organic
compounds (VOC).
C. Pre-Application Conference: Prior to beginning work, convene a conference to
review conditions, installation procedures, schedules and coordination with other
work.
1.7 WARRANTY
Provide a written, single source year warranty for all system components agreeing
that during the warranty period to promptly make repairs or replacement of defective
materials of the waterproofing system without additional cost to the owner.
1.8 DELIVERY, STORAGE, AND HANDLING
A. Deliver materials to project site in original, factory-sealed, unopened containers
bearing manufacturer's name and label intact and legible with following information.
1. Name of material.
2. Manufacturer's stock number and date of manufacture.
3. Material safety data sheet.
B. Store flashing, mastic and primer in a protected area out of direct sunlight. Protect
from rain and physical damage.
1.9 PROJECT CONDITIONS
A. Do not apply membrane if temperature is less than 0 degrees F or to a damp, frosty,
snow covered or contaminated surface.
B. Coordinate waterproofing work with other trades. The applicator shall have sole
right of access to the specified areas for the time needed to complete the
application.
C. Protect adjoining surfaces not to be waterproofed against damage or soiling.
Protect plants, vegetation and animals which might be affected by waterproofing
operations.
D. Warn personnel against breathing of vapors and contact of material with skin or
eyes. Wear applicable protective clothing and respiratory protection gear.
E. Keep flammable products away from spark or flame. Do not allow the use of spark
producing equipment during application until all vapors have dissipated. Post "NO
SMOKING" signs.
F. Maintain work area in a neat and orderly condition, removing empty containers,
rags, and rubbish daily from the site.
07125-2
City of Miami Beach
South Pointe Park
Project Manual
07 December 06
PART 2 - PRODUCTS
2.1 MANUFACTURERS
Provide products manufactured and supplied by Carlisle Coatings and
Waterproofing Incorporated, 900 Hensley Lane, Wylie Texas 75098, phone (800)
338-8701, fax (972) 442-0076.
2.2 PRODUCTS
A. Hot applied liquid membrane: Shall be CCW-500 Hot Applied Membrane,
rubberized asphalt compound, and shall meet or exceed the requirements of
CGSB-37.50-M89.
B. Reinforcing fabric: Shall be CCW-500 Reinforcing Fabric which is a 1.35 oz/square
yard spunbonded polyester fabric.
2.3 ACCESSORY PRODUCTS
A. Flashings: Shall be CCW-711-90 90 Mil Sheet Membrane and Flashing or CCW 60
mil uncured neoprene for non-exposed areas and Sure-Seal ™ EPDM Flashing for
exposed areas.
B. Surface Primer: Shall be CCW-550 Primer.
C. Mastic: Shall be CCW-704 Mastic.
D. Sealants: Shall be CCW-703 Vertical Grade L1QUISEAL™ Membrane or CCW-201
two- component Polyurethane Sealant.
E. Backer Rod: Shall be closed-cell polyethylene foam rod.
F. Expansion Joints: Shall be the EJ-500
G. Protection Course: Shall be CCW Protection Board-HS or H.
H. Root Barrier: Shall be the RMB 400 with heat welded seams
I. Drainage Composite: Shall be CCW MiraDRAIN as recommended by the
manufacturer for each condition.
J. Insulation: Shall be extruded polystyrene insulation with a minimum 60 psi (or as
specified by architect) compressive strength as manufactured by Foamular or Dow.
K. Pavers: Where required, shall be as recommended and supplied by the membrane
manufacturer.
L. Perimeter Drainage System: Where required, shall be CCW QuickDRAIN™.
M. H.P. Protective Mat shall be applied over insulation prior.to ballast placement.
PART 3 - EXECUTION
3.1 INSPECTION
A. Before any waterproofing work is started the waterproofing applicator shall
thoroughly examine all surfaces for any deficiencies. Should any deficiencies exist,
the architect, owner, or general contractor shall be notified in writing and corrections
made.
07125-3
City of Miami Beach
South Pointe Park
Project Manual
07 December 06
B. Condition of Concrete Surfaces:
1. The concrete surfaces shall be of sound structural grade, 3500 psi minimum,
and shall have a wood float or fine broom finish, free of fins, ridges, voids or
entrained air holes.
2. Concrete shall be cured by water curing method. Curing compounds must be
of the pure sodium silicate type and be approved by the Carlisle
representative.
3. Concrete shall be cured at least 14 days and shall be sloped for proper
drainage.
4. Voids, rock pockets and excessively rough surfaces shall be repaired with
approved non-shrink grout or ground to match the un-repaired areas.
5. Two-stage drains shall have a minimum 3 inch flange and be installed with the
flange flush and level with the concrete surface.
6. Surfaces at cold joints shall be on the same plane.
3.2 SURFACE PREPARATION
A. The concrete surface must be thoroughly clean, dry and free from any surface
contaminates or cleaning residue that may harmfully affect the adhesion of the
membrane.
B. Detail expansion joints per manufacturer's recommendation using the EJ-500.
C. Apply a thin film of CCW-550 primer 16" wide, centered over sealed cracks and
joints. Apply 60-90 mils of CCW-500 membrane to cover primed areas. Install a
12" wide strip of CCW-711-90 centered over joints and cracks greater than 1/16" in
width.
D. Preferred Flashina Method (500-4B): Apply CCW-550 primer at the juncture of all
horizontal surfaces and vertical surfaces to the height indicated on the drawings (8"
min. recommended), such as parapet walls, curbs, columns and all penetrations
through the deck at a rate of 400-600 sq. ft. per gallon. Avoid puddles. Allow primer
to dry for 1 hour minimum, 8 hours maximum. Membrane will not properly adhere to
wet primer. Apply 60-90 mils of CCW-500 membrane to cover primed areas. Install
CCW-711-90 mil sheet membrane or uncured neoprene flashing into this first
course of CCW-500 to cover the vertical section and extend 6-inches onto deck
surface. Flashing installation may be done during crack and joint treatment or during
installation of the first layer of CCW-500 membrane. Completely cover all flashing
material during installation of the subsequent layers of CCW-500 membrane.
E. Install Sure-Seal EPDM flashings in exposed areas per Carlisle recommendations
(500-4A). Always clean and prime EPDM with EP-95 Splice Cement per Carlisle
splice procedure prior to application of CCW-500 membrane.
F. Apply a thin film of CCW-550 Primer in a 4 foot square area around drains. Allow
primer to dry, 1 hour minimum, 8 hours maximum. Apply 60-90 mils of CCW-500
membrane to cover primed areas. Install a 3 foot square section of CCW-711-90 or
uncured neoprene flashing over the drain and onto the deck. No splices or seams
are allowed within 3" of the drain flange. Terminate the flashing under the clamping
ring of the drain and cut away the inner portion of the flashing. Use firm pressure to
press the flashing against the CCW-500 surface and ensure good adhesion. Do not
interfere with weep holes.
07125-4
City of Miami Beach
South Pointe Park
Project Manual
07 December 06
3.3 APPLICATION
A. Apply CCW-550 primer to all surfaces and at the juncture of all horizontal surfaces
and vertical surfaces, to the height indicated on the drawings (8" min.
recommended), such as parapet walls, curbs, columns and all penetrations through
the deck, to receive CCW-500 Waterproofing Membrane, including over flashings, at
a rate of 400-600 sq. ft. per gallon. Avoid puddles. Allow primer to dry for 1 hour
minimum, 8 hours maximum. Membrane will not properly adhere to wet primer.
B. Heat CCW-500 Membrane blocks in a twin wall kettle with continuous agitation and
apply at temperatures between 375' to 395'. (Caution: Do not exceed maximum
safe operating temperature of 400'F.).
C. Apply heated CCW-500 Hot Applied Membrane to primed area and any pre-installed
flashings at a rate of 18 sq. ft. per gallon or as required to obtain an average
thickness of 90 mils.
D. Apply CCW-500 Reinforcing Fabric and any required flashings while membrane is
still warm and tacky. Cut and trim off any wrinkles or overlap sections of the
reinforcing fabric or hot the fabric splices together with CCW-500.
E. Apply a second coat of CCW-500 Hot Applied Membrane at a rate of 13 sq. ft. per
gallon or as required to obtain an average thickness of 125 mils. Total thickness of
the CCW-500-R System shall be 215 mils.
F. Apply CCW Protection Board H or HS into the last course of CCW-500 and splice
the protection board seams together with CCW-500.
3.4 FLOOD TEST
A. Allow CCW-500 Membrane to cool. Plug drains and provide barriers necessary to
contain flood water.
B. Flood surface with 2" head of water for 24 hours. Inspect for leaks and repair
membrane if leaks are found. Retest after making repairs.
3.5 PROTECTION COURSE
A. Install CCW QuickDRAIN Perimeter Drainage System as the first course of drainage
composite immediately after membrane has cured on vertical surfaces. Install CCW
MiraDRAIN Drainage Composite to complete the drainage and protection System
on Vertical installations.
B. Install CCW MiraDRAIN 9000 or 9900 over CCW Protection Board immediately after
flood testing on horizontal surfaces. If flood testing is delayed, install a temporary
covering to protect the CCW-500 membrane from damage by other trades.
C. Apply the RMB 400 in planter areas covered with soil. Apply over Protection Board
and beneath the MiraDRAIN. RMB 400 splices are a minimum of 4 inches and heat
welded.
End of Section
07125-5
City of Miami Beach
South Pointe Park
Project Manual
07 December 06
07125-6
OVER FLOW
SCUPPER
r--r--r-- r--_
~$ .24.0' '\
~ NAVe - }---
'-" -- '-1 ----+-
<1-21.5' \. )
NAVD
)
I
L__________________________________________________________
o
~
'"
~
~
..
$ +7.S'FFE
NAve
2
.20
,.r--.........
~ARTIAL 'NORTH ELEVATION
SCALE: 1/8" = 1'-0'")
L )
'--,-".J
12.07.06&,
+57.09 PSF +57.09 PSF +57.09 PSF +57.09 PSF +57.09 PSF +57.09 PSF +57.09 PSF
-60.64 PSF -60.64 PSF -60.64 PSF -60.64 PSF -60.64 PSF -60.64 PSF -60.64 PSF
NOA# NOA# NOA# NOA# NOA# NOA# NOA#
03-0612.06 03-1105.01 04-0528.05 03-0612.06 03-0612.06 03--1105.01 Q4...0528.05
DIMENSION DIMENSION DIMENSION DIMENSION DIMENSION DIMENSION DIMENSION
67"Wx36"H 36"Wx36ftH 1-Wx36-H 67"Wx36ftH 67"Wx36ftH 36"Wx36-H 1"Wx.36"H
rr--r--r--r--~
~ ~
'-..:;
.J... +24.0' ~
'-1". NAVD J
'-J'1. I
r ~ L__________________________________________________________
.J... + 21.5' / L--
'-I" NAVD [ )J
Ii - f-
( ,-- 0 @
~ .'
( ~ N
0 I-
12.07.06~ '"' I
9
~ I-- '-- := / ii
~ /@
~
.. '\
.J... + 7.5' FFE \.
'-I" NAVD ,.~ I I I
(1y~ARTIAl\SOUTH ELEVATION +57.09 PSF +57.09 PSF +57.09 PSF +57.09 PSF
-60.64 PSF -60.64 PSF -60.64 PSF -60.64 PSF
~,SCALE: 1/8" = 1'-0"'"1 NOAH NOAH NOAH NOAH
03-0411.02 05-0829.07 02-1231.01 02~1231.01
~ ) DIMENSION DIMENSION DIMENSION DIMENSION
40"Wx86ftH 40.Wx34"H 168. W x 120. H 168"Wx 120-H
'--
'-" J
12.07.06&,
Issue Date
SOUTH POINTE PARK Miami Beach, FL 3 100% CONSTRUCTION DOC. 05.26.06
ADDENDUM 3 07 DECEMBER 2006 4 AODENDUM 1 11.02.06
Hargreaves & Associates I William Lane Architect - consultant 5 ADDENDUM 2 11.30.06
6 ADDENDUM 3 12.07.06
o
~
$ +24.0'
NAVD
r-.r--~,
( $ ~~~~. ---\
'- ~'-../. ~-....
"-""\.. '
~
(
12.07.06~~
L__________________
~
$ +7.5'FFE
NAVD
4 WEST ELEVATION
.20 SCALE: 1/8" = 1'-0" )
"='-.../"-../--..,(
12.07.06&
+57.09 PSF
~71.27 PSF
+S7.09 PSF
-60.64 PSF
NOA#
04-0528.0S
DIMENSION
1.Wx36"H
03-0612,00
DIMENSION
6S"Wx 36"H
o
~
r~~
( $+240' \ ~
. NAVD ~
\....
'-"'-/"-"" ~
$ + 215' \... '"\
NAVD ~ .
(
(
( If
\... ~
12.07.06&
I
L__________________
m
..
$ +7.S'FFE
NAVD
@ ~A~J..J~LEVATION
.20 \(CALE: 1/8" = 1'-0':'\
'-" -/.J
12.07:06&
+57.09 PSF
.71.27 PSF
NOA#
03-0612.06
DIMENSION
6S"Wx36"H
+57.09 PSF
-60.64 PSF
NOA#
04-0528.05
DIMENSION
1~Wx36"H
SOUTH POINTE PARK Miami Beach, FL
ADDENDUM 3 07 DECEMBER 2006
Hargreaves & Associates I William Lane Architect - consultant
Issue Date
3 100% CONSTRUCTION DOC. 0526.06
4 ADDENDUM 1 11.02.06
5 ADDENDUM 2 11.30.06
6 ADDENDUM 3 12.07.06
BENTONITE WATERSTOP
f:1;.:::'::H~
r ~~A~E:t;~6~~~~~
( WI CEMENTITIOUS EPOXY ).
\ SYSTEM AND
12.07.06&'''-~~5~V
8- C.M.U. WI HORIZONTAL LADDER
TYPE REINFORCEMENT
+ 21.0' NAVD
:,
,. ~,.,..,..r--r--\,
(
~
"" ""
<1
"
<1LJ "1" "
6 DRAIN DETAIL @ PAVILION BUILDING
-306 SCALE: 3/4" = 1'-0"
3"x6-IPE WOOD DECKING ATTACHED TO CONTINUOUS
METAL SUPPORTS WITH STAINLESS STEEl SCREWS
REFERENCE STRUCTURAL DRAWINGS
WOOD DECKING SUPPORT CHANNELS
REFERENCE STRUCTURAL DRAWINGS
r'r--r--~
~ TWO STAGE ~??~E~IN ~
REFERENCE PLUMBING ~
DRAWINGS \
CONCRETE SUPPORT POST BEYOND ,
WI CONTINUOS ROOFING SYSTEM '"
COMPATIBLE flASHING )
TO COVER POST & ANCHOR BOLTS ,
3~" MIN. EXTRUDED POLYSTYRENE }
INSULATION BOARD & )
1- MIN. LIGHTWEIGHT INSUl. CONCRETE
-TOTAL R-VAlUE = 19
)
)
~~
"-.;~~ . --./ J
12.~6&
HOT RUBBERIZED SYSTEM
WATERPROOFING MEMBRANE
OVER CONCRETE SLAB
-SEE SPECIFICATIONS
ROOF DRAIN
CLAMPS
INTERNAL
DRAIN PIPE
Issue Date
SOUTH POINTE PARK Miami Beach, FL 3 100% CONSTRUCTION DOC. 05.26.06
ADDENDUM 3 07 DECEMBER 2006 4 ADDENDUM 1 11.02.06
Hargreaves & Associates I William Lane Architect - consultant 5 ADDENDUM 2 11.30.06
6 ADDENDUM 3 12.07.06
-$ + 24.0' NA VD
STUCCO APPLIED
OVER 8" CMU BLOCK
-$
+ 21.5' NAVD
STUCCO COPING OVER 8" X 8"
CONCRETE CAP
"FRY" STX SS STUCCO REGLET
WI SPRINGLOK SS COUNTER-
FLASHING
3" MIN. LT. WEIGHT
INSUL. CONCRETE TOPPING
SLOPED TO DRAIN OVER
MONOLITHIC MEMBRANE
ROOFING SYSTEM
b '\
b
."
t>.
(0
L\
<J,1
HOTRUBBE~ZEDSYSTEM
\ WATERPROOFING MEMBRANE )
'- OVER CONCRETE SLAB
"'- -SEE SPECIFICATIONS J
'-...;'-"'--/--.../~~
12.07.06&
6" STRUCTURAL SLAB
L\
<J
PARAPET DETAIL @ VEHICULAR STORAGE
SCALE: 1 1/2" = 1'-0" ROOF LOW POINT
Issue
SOUTH POINTE PARK Miami Beach, FL
ADDENDUM 3 f11 DECEMBER 2006
~ & A88ocIate8 I W111am l.ane ArchItect - con8Utant
3 100% CONSTRUCTION DOC. 05.26.06
Date
4 ADDENDUM 1 11.02.06
5 ADDENDUM 2 11.30.06
6 ADDENDUM 3 12.07.06
,.~r--r-- ~~r-- r- ---------r- r- r-' ----F""____.
,1 ~~~
II ROOF SLOPE HIGH POINT ~'""\
,- r 3"><6' IPE WOOD DECKING ATTACHED TO CONTINUOUS \
I METAL SUPPORTS WITH STAINLESS STEEL SCREWS ~
r' REFERENCE STRUCTURAL DRAWINGS '\
r 5.S. SCREW ON PREDRILlED HOLE ,
r -PLUG WI MATERIAL & FINISH TO MATCH DECK ,
r ~ ~
{ . WOOD DECKING SUPPORT CHANNELS
(REFERENCE STRUCTURAL DRAWINGS \
r ~DO~NGSUP~CHM~lSBE~D))
I * INSULATING CONCRETE REFERENCE STRUCTURAL DRAWINGS
r ~~~6~~~
( OF SUPPORT CHANNELS CONCRETE SUPPORT POST )
( ~ + 21.0' NAVD WI CONTINUOS ROOFING SYSTEM )
'l' COMPATIBLE FLASHING
TO COVER POST & ANCHOR BOLTS
( 3 ~- MIN. EXTRUDED POLYSTYRENE )
INSULATION BOARD &
(1M MIN. LIGHTWEIGHT INSUL CONCRETE )
SLOPE TO DRAIN SLOPE TO DRAIN -TOTAL R-VALUE = 19
( ~ ~ MIN. 118-' FT. )
~ '. ))
HOT RUBBERIZED SYSTEM
WATERPROOFING MEMBRANE
OVER CONCRETE SLAB )
\, -SEE SPECIFICATIONS
( $ + 19,25' NAVD)
(. ~ <;]'0 ~ ~ '<J ~ '<J~ ~ ~ ~ ~ ~ ~~
'-\.. ~ ~ ~~ ~ ~ ~ ~.J-
~ ~~.
~ )
~ J
~ /
~ j
~ )
\.. )
\. 10 ROOF HIGH POINT @ PAVILION BUILDING )
\... .306 SCALE: 3/4" = "-0" )
~~ ~
~~~~~~~~,-,,~~,-,,~~~~,-,,~~~J
12,07.06&,.
SOUTH POINTE PARK Miami Beach, FL
ADDENDUM 3 07 DECEMBER 2006
Hargreaves & Associates I William Lane Architect - consultant
Issue Date
3 100% CONSTRUCTION DOC. 05,26.06
4 ADDENDUM 1 11.02.06
5 ADDENDUM 2 11.30.06
6 ADDENDUM 3 12,07.06
$ +-21.0'NAVD ~
$ +- 19.25' NAVD ~
BENTONITE WATERSTOP
rr-\
r. t;x '6" x 1" SHELL
r ~~A~EHGtD~6~~~~~
( WI CEMENTlTIOUS EPOXY ).
\ SYSTEM AND
12.07.06k-~~:::;5"V
8- C.M.U. WI HORIZONTAL lADDER
TYPE REINFORCEMENT
S S SCREW ON PREDRlllED HOLE
f .PlUG W/MATERtAl & FINISH TO MATCH DECK
(TYP)
P T lEDGER -REFER TO
STRUCTURAL ,.........--.-,,--....
rr--r- ~~
r" ~
r ~~~g~~~EU~~;g~~I~g~~STEM ~
COMPATIBLE FLASHING ~
TO COVER POST & ANCHOR BOLTS
3,- MIN. EXTRUDED POLYSTYRENE
INSULATION BOARD &
1- MIN. LIGHTWEIGHT INSUl, CONCRETE )
.TOTAL R-VALUE = 19
)
HOT RUBBERIZED SYSTEM )
WATERPROOFING MEMBRANE
OVER CONCRETE SLAB 1"
-SEE SPECIFICATIONS ..../
JJ~7.O's:(
~-/J
<1
~
<1
~
'<;]
<1
'<;]
<1
~
'<;]
<1
~
<1
hl
11 ROOF EDGE DETAIL @ PAVILION BUILDING
-306 SCALE: 3/4" = 1'-0"
SOUTH POINTE PARK Miami Beach, FL
ADDENDUM 3 07 DECEMBER 2006
Hargreaves & Associates / William Lane Architect - consultant
'<;]
<1
~
Issue Date
3 100% CONSTRUCTION DOC. 05.26.06
4 ADDENDUM 1 11.02.06
5 ADDENDUM 2 11.30.06
6 ADDENDUM 3 12.07.06
r~~~~.~'--".~~~~~~
(' ~
( STUCCO COPING O:ER 8" X 8" "
( "FRY. STX SS S::::::::~:: ~- ~. . <-> v ~
(WI SPRINGLOK SS COUNTER-FLASHING ~
l . ROOFING SYSTEM \
COMPATIBLE FLASHING \:>
SEE SPECIFICATIONS I-- b.
)
( 12 PARAPET DETAIL @ VEHICULAR STORAGE
(. -306 SCALE: 1112" = 1'.0" ROOF HIGH POINT)
~~J~~~~~~~~~~~~~
12.07.06&
3" MIN. LT. WEIGHT 1
INSULATING CONCRETE TOPPING
SLOPED TO DRAIN OVERMONOLlTHIC
MEMBRANE ROOFING SYSTEM ~
~ SLOPE TO DRAIN ~ 1\
MIN. 1/4" I FT. 1 \
,,' 0." 0." \ ~
".0.
.0.
~
)
<;
b.
:; I
{'.,.\:>
HOT RUBBERIZED SYSTEM ~
WATERPROOFING MEMBRANE
OVER CONCRETE SLAB
-SEE SPECIFICATIONS
6" STRUCTURAL SLAB
SOUTH POINTE PARK Miami Beach, FL
ADDENDUM 3 07 DECEMBER 2006
~V88 & A880cIatee I W111am Lane Architect - consutant
C> "
0.
\~ ~'
~ ~.
~ ~ ~r
\~ ~V
~ '%
t:0 ---- t77
.~ ~
o ~
STUCCO APPLIED
OVER 8" CMU BLOCK
0.
+ 21.5' NAVD
{'.,.\:>
{'.,.
(0
r
)
)
.' b.
\:> {'.,.
Issue
Date
3 100% CONSTRUCTION DOC. 05.26.06
4 ADDENDUM 1 11.02.06
5 ADDENDUM 2 11.30.06
6 ADDENDUM 3 12.07.06
Earthwork Clarification
Earthworks Clarification
Drawings L-107, Ll08 & Ll09 Grading Plans
The cut & fill quantities shown are for information only. The in.bank volumes in the tables are
based upon the difference between digital terrain models of the existing surveyed surface and
the finish grade of proposed surfaces.
To calculate sub grade earthwork volumes the contractor shall take into account stripping
volumes, finished topsoil volumes, pavement finishes/base/subbase volumes and
utility/drainage excavation volumes as well as accounting for shrinkage & swelling.
Specification Section 02315 - Excavation and Fill East of CCCl- Dune
The permit requirements supersede any reference to "beach quality sand" fOund in the
drawings or specification.
1.6 REQUIREMENTS FOR OFF SITE SOIL
Delete paragraphs and replace with the fOllowing:
"Sand Fill Material for other than Serpentine Berm/Landform. All imported fill material shall
be obtained from a source landward of the control line and shall consist of sand which is
similar to that already on the site in both grain size and coloration. This material shall be free
of construction debris, rocks, or other foreign matter."
2.1 BORROW
Furthermore DEP has approved two sources for sand. If there is a benefit to the City,
contractors are encouraged to use the site cut first as a borrow source before importing sand.
Quantity of sand is unknown. The locations are:
1. Borrow source: Two locations at South Pointe Park located landward of the CCCL can
be used as borrow areas for a source of fill to place east of the control line. (Please see
attached diagram for approved locations).
2. If sand needs to be imported, the City has identified a source of material at Virginia
Key. The Contractor shall be responsible for sifting, handling and transporting the
material to site.
If Contractor has another source, please nominate that source as part ofthe bid submission.
Specification Section 02300- Earthwork
2.1 MATERIALS
Add paragraph:
"L. Limerock Fill
Serpentine path material shall be obtained from sources provided by the
Contractor. The path material shall consist of limerock fill, free of organics and
other deleterious materials. The fill material shall conform to FDOT
specification 911 in the 2000 Standard Specifications for Road and Bridge
Construction."
Attachments
Diagram of potential borrow areas for east of control line fill areas
Sheets C02.A, C02.B, COl.A, COl.B and COl.C showing cut and fill line over entire site.
')
EB~
CU liI
\J~
..::: 0
o II>
i:i:'g
. .0'
-5~
CU c:
(l) liI
CO t
>
E ~
.~ .E
~~
. .i5..
~a
rfiJ
'"
~~
s;: .-
._ E
o .!!
a..~
'+-
..s;: 0
~ "~
OU
Vl
n;
c:
0
+>
'"
a.. E
liI
....
ca .E
II>
~ E
liI
....
II>
>-
s::: Vl
n;
0 ....
II>
'"
0
~ U
ca "U
c:
U '"
II>
0 liI
....
'"
.....J .u
0
II>
II>
""'0 <(
II>
s::: liI
>
'"
ca ~
V') ~
'"
I
""'0 II
(I)
>
0
) '-
a.. i fi"!
a.. IJf~h
<( !llul
Bid Breakdown
Bidders are to provide the following price breakdown which shall be used for
informational purposes only.
Division Description Amount
01000 General Conditions $
02200/30/31 Demolition/Site Clearing/
Tree Protection $
02300/16/17/70 EarthworklTrenching & Backfill/
Grading/Erosion $
02315 Excavation & Fill (east of CCCL) $
02500/02600 Water/ Storm/ Sanitary Systems $
02666 Water Play Systems $
02700 Pavements $
02800 Landscape Elements $
02900 Landscape Work $
03000 Concrete $
04000 Masonry $
05000 Metals $
06000 Woods and Plastics $
07000 Thermal/ Moisture Protection $
08000 Doors and Windows $
09000 Finishes $
10000 Specialties/ Signage $
11000 Equipment $
12000 Furnishings $
13000 Specialty Construction $
14000 Conveying Systems $
15000 Mechanical $
16000 Electrical $
Other $
TOTAL BID
$
Wood Door Specifications
City of Miami Beach
South Pointe Park
Project Manual
07 December 06
SECTION 08211 - FLUSH WOOD DOORS
PART 1 - GENERAL
1.1 SECTION REQUIREMENTS
A. Submit samples for factory-finished doors.
B, Quality Standard: NWWDA LS.I-A.
C. Fire-Rated Wood Doors: Labeled by a testing and inspecting agency acceptable to authorities
having jurisdiction based on testing per ASTM E 152.
1. At stairs, provide doors that have a temperature rise rating of 450 deg F (250 deg C).
PART 2 - PRODUCTS
2.1 FLUSH WOOD DOORS
A. Interior Solid Core Doors for Opaque Finish: Premium Grade, 5-ply, glued-block core.
1. Faces: Any closed-grain hardwood.
B. Fire-Rated Solid Core Doors: Core construction to provide fire-rating indicated, faces and
grade to match non- fire-rated doors.
1. Composite blocking where required to eliminate through-bolting hardware.
2. Laminated-edge construction.
3. Formed-steel edges and astragals for pairs of fire-rated doors.
C. Hollow Core Doors for Opaque Finish: Premium Grade, 7- ply, Institutional hollow core with
lock blocks both sides and top and bottom rail blocking
1. Faces: Any closed-grain hardwood.
2.2 FABRICATION AND FINISHING
FLUSH WOOD DOORS
08211-1
City of Miami Beach
South Pointe Park
Project Manual
07 December 06
A. Factory fit doors to suit frame-opening sizes indicated and to comply with referenced quality
standard.
1. Comply with NFPA 80 for fire-resistance-rated doors,
B. Factory machine doors for hardware that is not surface applied.
c. Cut and trim openings to comply with referenced standards.
1. Trim light openings with moldings indicated.
2. Factory install louvers in prepared openings.
PART 3 - EXECUTION
3.1 INSTALLATION
A. Install doors to comply with referenced quality standard.
1. Install fire-rated doors to comply with NFPA 80.
B. Align and fit doors in frames with uniform clearances and bevels. Machine doors for
hardware. Seal cut surfaces after fitting and machining.
C. Align factory-fitted doors in frames for uniform clearances.
D. Repair, refinish, or replace factory-finished doors damaged during installation, as directed by
Architect.
END OF SECTION 08211
FLUSH WOOD DOORS
08211 - 2
'9 MIAMIBEACH
City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.gov
PROCUREMENT Division
Tel: 305-673-7490, Fax: 305-673.7851
INVITATION TO BID (ITB) NO. 26-06/07
ADDENDUM NO.2
February 7,2007
FOR CONSTRUCTION IMPROVEMENTS FOR THE CITY OF MIAMI BEACH SOUTH POINTE
PARK (SOUTH BEACH) is amended as follows:
I. For Bidder's information; attached to this Addendum please find the City's reply to a
protest letter received from a prospective bidder regarding the Terms and Conditions
of this Invitation to Bid.
II. The "Minimum Requirements" as stated on page 7 of the bid document has been
amended to read as follows:
Minimum Requirements: Bidder (Business Entity) must be licensed as a General
Contractor in the state of Florida with a minimum of five (5) years experience as a General
Contractor. Qisser te lirevise a ~iRiFRw~ ef tAres (i) SaFRlile Iif8jests S8~1i18tes 'f.'itAiR tR8
lia8t t8R (1 g) years, 'NitA a ~iRiFRw~ 8f 11'18 (8) ~i11i8R &8l1ars iR 88RstrwBti8R 88St.
The Minimum Requirement for providing 3 completed sample projects with a minimum
value of 5 million dollars within the last 10 years has been deleted from the Minimum
Requirements.
III. Please remove pages 10 and 11 ofthe bid document entitled "Minimum Requirement
Compliance", these forms DO NOT need to be submitted with your bid response.
IV. Item B. QUALIFICATION AND EXPERIENCE OF THE CONTRACTOR'S TEAM found on
page 42 and 43 of the bid document has been amended to read as follows:
B. QUALIFICATION AND EXPERIENCE OF THE CONTRACTOR'S TEAM..
It is a requirement of the bid that the Bidder, staff the project with competent individuals,
and qualified supervisory personnel. To that end, the Bidder shall provide:
Bidder (Business Entity) shall demonstrate the Contractor Team's (Le., General
Contractor, sub-contractors, and key personnel) ability to execute the type of work
described within the Contract Documents of this Invitation to Bid (ITB). The Contract
Documents place emphasis on executing a scope of work consisting of, but not limited
to, the following: drainage infrastructure systems, land forms, native dune plantings,
landscape installations, and construction of park facilities or waterfront facilities,
It is required that the bidder submit projects for evaluation that will assist the
Technical Review Panel in ev~luating and scoring the 1st Criteria of Phase I for
selection; Qualification and Experience ofthe Contractor's Team worth 20 points.
It is recommended that the bidder provide representative projects as outlined above to
include the following information and components:
We ore committed to providing excellent public service and safety to all who live, work, and ploy in our vibfOnt, tropical, historic community.
. Bidder's role
· Project name
. Project location
. Brief description of work performed
. Names, addresses, telephone number, fax number, and contact name for the
following:
. Owner or Agency
. Name of General Contractor's project manager and field superintendent
. Awarded contract amount and final contract amount
. Project Status (Projects may include finally completed projects,
substantially completed projects as well as projects in-progress)
.A checklist or description of the following types of construction encountered on the
project, if applicable:
Drainage infrastructure systems
Land forms
Native dune plantings
Landscape installations
Construction of park facilities or waterfront facilities
Traffic control
Maintenance of access for pedestrians to businesses or residences
Other: List as may apply
Please find attached to this Addendum amended pages 42 and 43 with the
amendments addressed above.
v. The following are answers to questions from prospective bidders.
Q. Will the City accept Construction Management (CM), Construction Engineering
Inspections (CEI), and Construction Management at Risk (CM at Risk) for the method
of delivery of the sample projects?
A. Yes, the city will accept all projects as referenced in the above question.
Q. Will the City accept sample projects of the proposed key team members, not
necessarily gained while working for the Bidder?
A. Yes, the city will accept sample projects of the proposed key team members,
not necessarily gained while working for the Bidder.
Q. Is the word "completion" intended to mean merely final completion or is substantial
completion acceptable?
A. Completed projects means projects which are finally completed, substantially
completed and projects in-progress.
Q, Do bidders have to resubmit client surveys if they have already done so for this
project and plan to use the same team members?
A. No, bidders who have submitted projects as part of their Past Performance
Surveys previously do not have to re-submit their surveys, but if bidders want
to augment their survey submission they may do so.
\/Ve ore committed to providing excelien! public sorvice one.! safety' /0 ull who live.. I,vork, and p/u1/ in our vibrant, tropico!, historic communi.'y.
')
Q. To clarify, are prevailing wages required for this project?
A. No, prevailing wages are not required for this project.
Q. Must the Contractor provide Builder's Risk Insurance?
A. Yes.
VI. Item No. 11 found on page 29 of the bid document has been amended to read as
follows:
11. Qualifications of Bidders: Bids shall be considered only from Contractors FlsrmBlly
eRBaBe8 iRIil8Rer""iRB tl-l8 typ8 eh':erh: Slil8sifi8B witl-liR tR8 CElRtrBet Oesl:H1I8RtS.
Qi888r ""!!1st 1-18\'8 888Ell=lat8 Elr~8Riz8tiElR, faeiliti8s, 8Ell5li~~8Rt, aRB p8rseRFlel tEl
8RSl=lf8 Jn8""~t aRB 8ftisi8Rt S8P\fiEl8 tEl City, which submittheir bid by the bids due
date; Bidders who meet the "Minimum Requirements"; Bidders that provide the
5% Bid Bond; and Bidders that submit all required documentation as requested
under this Invitation to Bid,
In determining a Bidder's responsibility and ability to perform the Contract, City
has the right to investigate and request information concerning the financial
condition, experience record, personnel, equipment, facilities, principal business
location and organization of the Bidder, the Bidder's record with environmental
regulations, and the claimsllitigation history of the Bidder.
Attached to this Addendum is amended page 29, to be replaced in the bid document.
VII. Item C found on page 44 of the bid document has been amended to read as follows:
C. PAST PERFORMANCE
~a8A Qi888r 81:181=118 ~r8...i88 ~r88f sf SI=I8S8Ssfl=ll ~rej8et eEl",,~18tisFlS fer ~rej8Elts
s8""~8rati'/8 is size 8RS SEl~J318)(ity BS Ell5ltliR8S ElA tl-lis Isis. Please provide your
client with the Performance Evaluation Letter and Survey attached herein on
pages 52 and 53, and request that your client submit the completed survey to
Roman Martinez, Sr. Procurement Specialist at (Fax) 305-673-7851 or e-mail
romanmartinez@miamibeachfl.gov. Please understand that we will not accept
Client Surveys being sent to our office from the office of the bidder, Surveys must
be sent to Procurement from your client's office(s), Contractors are responsible
for making sure their clients return the Performance Evaluation Surveys to the
City. The City reserves the right to verify and confirm any information submitted in
this process. Such verification may include, but is not limited to, speaking with
current and former clients, review of relevant client documentation, site-visitation,
and other independent confirmation of data.
Attached to this Addendum is amended page 44, to be replaced in the bid document.
VIII. During the Pre-Bid Conference on February 6,2007, a prospective bidder requested a
copy of the City's "Noise Ordinance", attached please find a copy of the City of Miami
Beach "Noise. Ordinance", also you may download the Ordinance at
htto:/Iwww.miamibeachfl.Qov/newcitv/deots/ourchase/bid i ntro. aso
IX. Attached to this Addendum is the sign-in-sheet from the Pre-Bid Conference on
February 6,2007.
X. The Technical Review Panel (the "Panel") for this project has been scheduled to meet
on March 5, 2007. Bidders are requested that they have their key personnel available
for interviews on March 5, 2007. The key personnel include the following positions:
1) Construction Project Manager
2) Construction Superintendent
V'Ve are committed to providing excellent public servico ond sofe,,/ to 011 'vvho live: "\fork, and ploy in our vibront. iropico/, historic cornrnunity
Bidders are advised to acknowledge this Addendum on ITB document Page 160, "Acknowledgement
of Addenda", or the bid may be considered non-responsive.
')
CITY OF MIAMI BEACH
L-
Gus Lopez, CPPO
Procurement Director
rm
F:\PURC\$ALL\Roman\bids\07\ITB-26.06.07\itb.26.06-07 A2.doc
)
We are committed to providing excel/ent public service and safety 10 01/ who live, work, and play in our vibrant, tropical, historic community.
ENGINEERS & GENERAL CONTRACTORS
January 29th, 2007 (Monday is three days)
VIA FAX & E-MAIL
Jorge Gonzalez, City Manager
Gus Lopez, CPPO, Procurement Director
Roman Martinez, Senior Procurement Specialist
Raul Aguila, City Assistant Attorney
1700 Convention Center Drive
Miami Beach, FL 33139
Ref: South Pointe Park ITS # 09-06/07 revised to 26-06/07
Protest of terms of ITS
Gentlemen,
This shall serve as MCM's protest of the terms of the subject ITB/RFP as per your Ordinance
2002-2334 (the protest procedure).
We wanted to sit down with you to discuss how the new bid requirements could best serve the
interests of the City of Miami Beach and the procurement process in general in order to make
sure this did not turn into another failed bid; however, we had not counted on your issuing
another RFP for a February 20th opening, especially when the manager's memorandum to the
board intimated that the soonest the issue could be in front of the board would be on March (see
attached Manager's recommendation of January 17t). Now, as we understand it, with the cone
of silence in place, the only way this exchange can take place, outside of writings, is if you
temporarily retire the RFP/ITB; therefore, until and unless you retire the RFP, we will proceed to
enumerate the matters which we believe are flawed with the current RFP/ITB e.g, the reasons
for the protest, as follows:
In general, the terms stipulated in the ITB for qualifying and ranking the bidders permits
unfettered discretion to qualify and or reject and or rank bidders arbitrarily or capriciously
discriminating and or awarding the contract on the basis of personal preference; this imposes
grave limitations on the competitive process, defeats the purpose of the competition,
discourages otherwise qualified bidders from bidding, and as such should be found contrary to
due process and applicable law1; this impression is reinforced by the recent past experience
1 Competitive bidding statutes are enacted for the protection of the public, They create a system by which
goods or services required by public authorities may be acquired at the lowest possible cost. The system
confers upon both the contractor and the public authority reciprocal benefits, and exacts from each of
them reciprocal obligations. The bidder is assured fair consideration of his offer, and is guaranteed the
contract if his is the lowest and best bid received, The principal benefit flowing to the public authority is
the opportunity of purchasing the goods and services required by it at the best price obtainable, Under
this system, the public authority may not arbitrarily or capriciously discriminate between bidders, or make
the award on the basis of personal preference, Marriott Corvo V. Metro. Dade County. 383 So,2d 662, 665
(Fla. 3d DCA 1980) Hotel China & Glassware CO. V. Bd. of Pub. Instruction. 130 So,2d 78, 81 (Fla, 1st
6201 sw 70th STREET. SUITE 200. MIAMI, FLORIDA. 33143
PHONE 305.541.6869 . www.mcmcorp. com. FAX 305.541.9771
February 7, 2007
South Pointe Park -ITS # 09-06/07 revised to #26-06/07
Protest of terms of ITS
Page 2
wherein most respectfully we believe the City arbitrarily disqualified MCM who is in fact 100%
qualified to construct this project under both the previous as well as the present much watered
down qualification requirements.
1. The ITB/RFP should reflect that the award should be made to the lowest
Responsive Responsible bidder: The Proposed Construction of the Park is presently
set up as a traditional Design - Bid - Build Project; that means the city has already paid a
Designer to prepare a complete set of Plans and Specifications; the drawings have been
fully developed and all materials have been fully specified and the successful Contractor
is charged with constructing the project in a defined amount of time for a lump sum with
instructions to Strictly follow the plans and Specs or suffer penalties of liquidated
damages and otherwise which are covered by both the General Contractor and its surety
bond that the contractor is required to post.
The present process is unlike the process involving a design-Build Project, where a
great deal of latitude and discretion is given the Design-Builder (Contractor) and that is
why in such Projects, the Florida Statutes require the Contractors be technically ranked
after having been qualified. In the traditional Design - Bid - Build Project, such as this
one, once the bidders are qualified to complete the project, then the award is given to
the lowest responsive responsible bidder as per the Florida Statutes without additional
ranking;
2. Giving the all important "price" factor a mere 20% of the weighted value to come
up with the "Best Value" appears arbitrary and capricious. Even if the City were to
veer from the acceptable format described in the above paragraph where the award is
given to the Lowest Responsive, Responsible Bidder, giving the "price Factor a mere
20% of the value in coming up with the successful bidder and using extremely subjective
criteria for 80% of the weight of the for the award permits the city and or its agents the
discretion to arbitrarily or capriciously discriminate between bidders, or make the award
on the basis of personal preference instead of the lowest and best bid received as
bargained by the bidders who undertook the effort to present a bid,
It is important to note that 1) before the bidder is ranked the bid documents require that
the bidder be found qualified to perform the work; 2) the successful bidder will have no
discretion in modifying the plans and specs; and 3) the successful bidder must provide
the City a surety bond for the amount of the project that guarantees the city that all work
will be paid and completed in strict compliance with the city plans and specs.
Giving the all important price component a mere 20% of the weight for coming up with
the best value is highly irregular, if not improper, and gives the qualifiers (or the
choosers of the qualifiers) unfettered discretion to name their Pick despite a higher price;
DCA 1961)) Enqineerinq Contractors Association Of South Florida v. Broward County, 789 SO.2d 445
(Fla. 4th DCA 2001)
6201 sw 70th STREET. SUITE 200. MIAMI, FLORIDA. 33143
PHONE 305.541.6869 . www.mcmcorp. com. FAX 305.541.9771
February 7,2007
South Pointe Park - ITS # 09-06/07 revised to #26-06/07
Protest of terms of ITS
Page 3
this defeats the purpose of the competition and discourages otherwise qualified bidders
from bidding.
Most respectfully, we would request you answer the following question: If the bidders
have already been found qualified contractors (that is, each has been found to have the
sufficient integrity and experience, ability, capacity and skill to perform the contract within
the time specified, and each has provided the requisite surety bond), then what is the
reason the City is willing to grant 80% of the grade to matters outside of price?
Especially to such subjective matters Le. character, integrity, quality of performance,
compliance with laws and ordinances. And most specially when there is no guidance to
the selection committee on how to weigh these factors and the factors are being
weighed on such different contracts - presently permitting $5 million sample contracts
going all the way back to ten years; who do you think is able to provide fair and unbiased
reports? And, how do you think you can compare the complexity of five million dollar
projects vs 20 million dollar projects.
Certain of matters included within your criteria for ranking have to do with
requirements of competence and should not be used subjectively by the selection
committee since by that time, the bidder has already been deemed
Competent/Qualified; moreover whatever criteria is used by the qualification committee
require more definite guidance otherwise they lend themselves to arbitrary or capricious
discrimination between bidders, and or permit the award to be made on the basis of
personal preference; MCM is understandably concerned with the ran kings received by
your selection committee last time and do not wish to have to protest this selection once
again.
The list of criteria outside of price (which are granted 80% of the grade) includes: a) The
ability, capacity and skill of the bidder to perform the Contract; b) Whether the bidder can
perform the Contract within the time specified, without delay or interference; The
character, integrity, reputation, judgement, experience and efficiency of the bidder; d)
The quality of performance of previous contracts; e, The previous and existing
compliance by the bidder with laws and ordinances relating to the Contract; these are all
matters that go to the competency of the contractor; if the City determines that the
Contractor does not meet any of the above criteria, it should find that the contractor is
not qualified to enter a bid,
3, The budged of the bid should be revised to reflect the current estimate of the city
of $21,700,000; the city has already obtained prices from The Related Group in excess
of $22 million, and the City Manager in his memorandum to the board intimates that the
city might approve the agreement with TRG even though it requires the city to absorb
additional "liability that it typically passes along to the contractor that builds the job".
Keeping an unrealistic budget of $15 million, that is 25% below the realistic price, serves
to instill additional doubts that the city will choose to once again reject all bids if its
chosen contractor does not get the project using the excuse that the prices came over
budget. This defeats the purpose of the competition and discourages otherwise
qualified bidders from bidding.
6201 sw 70th STREET. SUITE 200. MIAMI, FLORIDA. 33143
PHONE 305.541.6869 . www.mcmcorp. com. FAX 305.541.9771
February 7, 2007
South Pointe Park - ITS # 09-06/07 revised to #26-06/07
Protest of terms of ITS
Page 4
4, The city should disclose its intentions on whether or not it will seek to negotiate
the contract with The Related Group (TRG); it is our impression that it is improper if
not illegal to have a Governmental agency request or invite bidders to undertake the
very expensive and time consuming exercise of estimating, preparing and presenting
bids, if that agency is not serious about awarding the project to the lowest responsive
responsible bidder and is conducting the exercise merely to "verify the pricing" of
another proposal outside the public bid, Most respectfully, if the city desires to verify a
bid, it should pay an independent contractor and or a professional estimator for such
investigation.
5. The city should clarify its ITB/RFP to include and modify certain matters included
within the five page summary of the ITB but not found in the body of the ITB/RFP;
more specifically, we refer to the Minimum Requirement as more fully set forth in page 3
of the advertisement which in pertinent part reads:
Minimum Requirement: Bidder to provide a minimum of three
(3) sample projects completed within the past ten (10) years,
with a minimum of five (5) million dollars in construction cost.
Maybe we are wrong, but we have not been able to find that minimum reauirement in the
bodv of the ITB/RFP; and if we had we would protest that qualification as well for the
same general reasons described above and more particularly as described below:
6. Most respectfully we submit that the above qualifying requirement runs counter to
the one in your invitation and should therefore be modified to read: The bidder(s)
must demonstrate that while acting as the General Contractor, it has successfully
completed a minimum of three projects each with a total cost exceeding $20
million.
The criteria for qualification within the body of the RFPIITB states:
At page 29: #11,
Qualifications of Bidders: Bids shall be considered only from firms
normally engaged in performing the type of work specified within
the Contract Documents. Bidder must have adequate
organization, facilities, equipment, and personnel to ensure
prompt and efficient service to City.
At page 44 -
C. PAST PERFORMANCE
Each Bidder shall provide proof of successful project completions
for projects comparative [in] size and complexity as outlined on
this bid.
It goes without saying that $5 million projects are not comparative in size to the present
$20 million project! How can you on the one hand request bidders (as you absolutely
should that each "shall provide proof of successful project completions for projects
6201 sw 70th STREET. SUITE 200 . MIAMI, FLORIDA. 33143
PHONE 305.541.6869 . www .mcmcorp. com. FAX 305.541.9771
February 7,2007
South Pointe Park - ITS # 09-06/07 revised to #26-06/07
Protest of terms of ITS
Page 5
comparative [in] size and complexity as outlined on this bid" and while knowing that the
size of this project is going to be over $20 million, then turn around and lead bidders to
believe that they can qualify with providing evidence that they have completed a mere
"three (3) sample projects completed within the past ten (10) years, with a minimum of
five (5) million dollars in construction cost.
More important, the way you have the process structured - the objective measure of the
size of the projects completed by the bidders has absolutely nothing to do with the
ranking of the bidders; thus, assuming for the sake of argument, that the qualifiers
believe a contractor that has never built a project over 5 million dollars is qualified to
build a 20 million dollar project, once that bidder is qualified, the fact that the other
bidders may have over the past 5 years built 20 projects over $20 million each, the
bidders with that much more experience in like size projects would not receive any
additional weight for the additional experience; in other words, the criteria for ranking the
bidders do not include additional weight for having completed comparatively size
projects in the past since the size of projects completed has only to do with the qualifying
phase and nothing to do with the ranking phase,
7, The invitation of 1/24/07 should be modified to clarify that in order to meet the
qualifying requirement that the bidder must "demonstrate proof of successful
project completions for projects comparative [in] size and complexity" in projects
wherein the bidder acted as a General Contractor and not as a Collateral trade or
consultant; otherwise, why have the qualifying requirement that the bidder be "normally
engaged in performing the type of work specified within the Contract Documents"; more
to the point the scope required by the contract of this ITB is that of a General Contractor
as follows:
"CONTRACTOR hereby agrees to furnish all of the labor,
materials, equipment services and incidentals necessary to
perform all of the work described in the Contract Documents and
related thereto for the Project"
See proposed City of Miami Contract Article #1 within ITB,
We say this since we understand the City of Miami Beach has re-sent an invitation to A2
Group Inc. who despite having included a host of multimillion dollars to demonstrate his
experience, he forgot to mention that in the great many of the projects it listed, its scope
was limited to acting as a Construction Engineering and Inspection Services (CEI) and
for an infinitesimal portion of the respective contract of the General Contractor, A2
Group, apparently felt proper to represent that those Projects met the criteria and
qualified A2 Group Inc as having met the threshold of performing the type of work
specified in the contract documents.
Most respectfully, the scope of the CEI does not include the "[furnishing of] all of the
labor, materials, equipment services and incidentals necessary to perform all of the
work" as required in this contract; for that matter, the CEI does not manage, nor
supervise the work, nor order the materials, nor process the pay requests of subs, nor
6201 sw 70th STREET. SUITE 200. MIAMI, FLORIDA. 33143
PHONE 305.541.6869 . www.mcmcorp. com. FAX 305.541.9771
February 7,2007
South Pointe Park - ITS # 09-06/07 revised to #26-06/07
Protest of terms of ITS
Page 6
perform any of the functions generally performed by the General Contractor; nor is it
required to have the funds to fund the cost of the work prior to receiving payment from
the Owner; in other words, the difference of scope between a CEI and a GC is night and
day; and the City would be arbitrary in qualifying a bidder who only demonstrates GEl
experience as on "normally engaged in performing the type of work specified within
the Contract Documents"
The present qualification criteria has already misled one contractor (A2 Group Inc) into
believing it qualified as having the requisite experience; there is no need to run the risk
again to prevent the prospects of another protest and a further delay to the Project.
8. If the City is going to rank the bidders after having qualified them, despite our
protest, even though this is a Design-Bid-Build type project requiring that the
project be awarded to the Lowest Responsive/Competent responsible bidder, then
the Criteria for ranking the Contractors should be modified to eliminate the risk of
arbitrarily or capriciously discriminating between bidders, or making the award on
the basis of personal preference as it presently does.
The criteria for example does not take into consideration weighing the financial
stability and strength of the bidder; most respectfully, we submit that in order to
complete a project of the magnitude of $20 million, the General Contractor's financial
statement should be examined and compared with the competition, that is not part of
your bid documents.
We close this protest with requesting the city once again to reconsider awarding the contract to
MCM as the lowest, responsive, responsible bidder on the first bid since had the City been
advised by A2 Group that the projects it listed as having performed comparable work were in
fact projects where it performed miniscule parts and were not completed as required in the bid.
Sincerely,
MCM Corp.
Pedro Munilla
Contract Compliance Department
CC- Clerk of the City (citvclerk@miamibeachfl.aov - Fax: (305) 673-7254)
City Attorney, Jose Smith (josesmith@miamibeachfl.gov - Fax: 305-673-7002)
Board of City Commissioners - get all their e-rnails and faxes
6201 sw 70th STREET. SUITE 200. MIAMI, FLORIDA. 33143
PHONE 305.541.6869 . www .mcmcorp. com. FAX 305.541.9771
C9 MIAMI BEACH
City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139,
www,miamibeachfl.gov
Office of the City Manager
Tel: 305.673.7010, Fax: 305-673-7782
VIA FACSIMILE, EMAIL AND U.S. MAIL
February 7,2007
MCM Corp.
Pedro Munilla, Vice President
6201 S.W. 70th Street, 2nd Floor
Miami, Florida 33142
Re: Invitation to Bid No. 26-06/07 for Construction Improvements for the City of Miami
Beach South Pointe Park (ITB #26-06/07 or the ITB).
Dear Mr. Munilla:
In response to your protest letter, dated January 29, 2007, whereby you protest the terms
and/or specifications of ITB #26-06/07, the City Administration and the City Attorney's
Office have reviewed the basis for your protest as set forth therein and hereby deny your
protest, based on the following:
1. MCM's Araument: The ITB/RFP should reflect that the award should be made
to the lowest Responsive Responsible bidder,
Citv's Response: Pursuant to Section 2-369 of the Miami Beach City Code entitled
"Award of Contract", the ITB has incorporated, verbatim, the Code's requirements relative
to the award of contract. Specifically, Section 00300, Item No.7, entitled "Determination
of Award", on page 29 of the ITB, states the following:
The City Commission shall award the contract to the LOWEST AND BEST
BIDDER (emphasis added). In determining the lowest and best bidder, IN
ADDITION TO PRICE (emphasis added), there shall be considered the
following:
a. The ability, capacity and skill of the bidder to perform the Contract.
b. Whether the bidder can perform the Contract within the time
specified, without delay or interference.
c. The character, integrity, reputation, judgment, experience and
efficiency of the bidder.
d. The quality of performance of previous contracts.
e. The previous and existing compliance by the bidder with laws and
ordinances relating to the Contract.
2, MCM's Araument: Giving the all important "price" factor a mere 20% of the
weighted value to come up with the "Best Value" appears arbitrary and capricious.
Citv's Response: Consistent with Section 00300, Article 7, Section 00305, entitled
"Technical Review Panel Selection Criteria/Selection Process", on page 41 of the ITS,
informs all bidders that the evaluation process to be used by the City, will be one of "Best
Value Procurement", meaning that the City will, in addition to price, consider past
performance on previous contracts, Risk Assessment Plans, qualifications of personnel
proposed, and presentation and interview of contractor's personnel.
The weighted factor to be considered by the Technical Review Panel (which provides its
recommendation to the City Manager) for the bid price (i.e. 20 out of a possible 100
points) is not arbitrary and capricious. The City Administration considered and developed
the evaluation criteria to ensure the success of this important project, and the points
allocation portion of the evaluation methodology is intended to support the selection of the
successful bidder/contractor who is not just the lowest, but also the best bidder. A public
agency has no obligation to accept the lowest dollars and cents bid as being "the lowest
responsible bid" in every case, to the exclusion of all other pertinent facts, which may well
support a reasonable decision to award a bid to (for example) a bidder filing a higher bid,
but which, after determination and weighing of other evaluation criteria (set forth in the
bid), may result in the best value to the governmental agency; considering price and other
factors,
3, MCM's Argument: The budget [sic] of the bid should be revised to reflect the
current estimate of the city of $21,700,000,
Citv's Response: The Estimated Construction Budget for the Project, in the amount of
$15,000,000, is referenced on page 7 of the ITB, and was determined by the City
Administration, in consultation with its A/E Consultant for the Project, Hargreaves and
Associates and, accordingly, the total budget for the Project was approved and
appropriated by the City Commission/RDA. The $15,000,000 budget referenced in the
ITB represents the amount of funds (from the currently appropriated budget) available for
the City to construct the Project. An increase in the estimated budget would necessarily
be subject to further City and/or RDA approval and appropriation. The $21,700,000
"estimate" that you referred to is not the appropriated budget for the Project. I believe the
"estimate" your letter refers to is the estimate provided to the City by consultants retained
by The Related Group, with regard to that company's estimate for the construction of
South Point Park (were The Related Group to undertake same).
4. MCM's Argument: The city should disclose its intentions on whether or not it
will seek to negotiate the contract with The Related Group (TRG),
Citv's Response: Pursuant to that certain Settlement Agreement by and between the City,
the Miami Beach Redevelopment Agency (the RDA), the Portofino Entities, and the
Related Entities (as said parties are specifically enumerated and further defined in said
Agreement), dated July 28, 2004, and as amended on October 11, 2006 (the Settlement
Agreement), the City has the option of having the Related Entities construct the proposed
improvements for South Pointe Park, based upon the Concept Plan approved in the Basis
of Design Report (BODR) and approved by the City Commission on July 7, 2005;
provided further that the City approves the project costs (submitted by the Related Entities
and issues a Notice to Proceed no later than March 30, 2007. In the event the City does
not timely exercise this option, or does not otherwise extend the aforestated date, the
Related Entities is released from any obligation to build the referenced public facility under
the Settlement Agreement.
It should be noted that, due to the cost estimates submitted by the Related Entities (as
referenced in Paragraph 3 herein), which estimate exceeds the amount currently
budgeted and appropriated by the City for the Project, the City's efforts to bid the Project
(as evidenced by the issue of the prior Invitation to the Bid, as well as the current ITB) is
obviously in the best interest of the City,
5. MCM's Argument: The city should clarify its ITB/RFP to include and modify
certain matters included within the five page summary of the ITB but not found in
the body of the ITB/RFP.
Citv's Response: The ITB is not intended, whether expressly or by implication, to be
construed and/or interpreted by prospective bidders, as a Request for Proposals. What
you have characterized as lithe five page summary of the ITB" is, in fact, part of the ITS,
Again, page 7 of the ITB sets forth, in bold, the Minimum Requirements,
6, MCM's Argument: Most respectfully we submit that the above qualifying
requirement runs counter to the one in your invitation and should therefore be
modified to read: The bidder(s) must demonstrate that while acting as the General
Contractor, it has successfully completed a minimum of three projects each with a
total cost exceeding $20 million,
Citv's Response: The Minimum Requirements for the ITB were revised in order to
maximize competition and encourage additional bidders. What you have proposed as
minimum requirements are even more stringent than the minimum requirements
contained in the former Invitation to Bid (ITB No. 9-06/07), which resulted in a rejection of
all bids, since none of the bidders complied with all or a portion of said requirements.
7. MCM's Argument: The invitation of 1/24/07 should be modified to clarify that
in order to meet the qualifying requirement that the bidder must "demonstrate proof
of successful project completions for projects comparative [in] size and
complexity" in projects wherein the bidder acted as a General Contractor and not
as a Collateral trade or consultant.
Citv's Response: Adhering to the directive of the City Commission at its January 17,
2007, Meeting, the Minimum Requirements in the ITB are intended to be less stringent, to
allow for greater competition and encourage additional bidders. Notwithstanding the
preceding, however, the City Administration will further clarify the Minimum Requirements
in the ITS, via formal addendum to the ITB, which will inform all bidders that the City will
accept Construction Management, Construction Engineering Inspections, and
Construction Management at Risk projects as sample projects.
8. MCM's Argument: If the City is going to rank the bidders after having
qualified them, despite our protest, even though this is a Design-Bid-Build type
project requiring that the project be awarded to the Lowest Responsive/Competent
responsible bidder, then the Criteria for ranking the Contractors should be modified
to eliminate the risk of arbitrarily or capriciously discriminating between bidders, or
making the award on the basis of personal preference as it presently does.
)
City's Response: Please see City's response to your argument NO.1 and NO.2.
For the reasons set forth in the City's response herein, your protest of the specifications
and/or terms of the ITB, is hereby denied.
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. Any action not brought in good faith shall be subject to sanctions including
damages suffered by the City and attorney's fees incurred by the City in defense of such
wrongful action.
Sincerely,
.~
Gus Lopez, CPPO
Procurement Director
c: Mayor David Dermer
Members of the City Commission
Jorge M. Gonzalez, City Manager
Jose Smith, City Attorney
Robert Parcher, City Clerk
Gus Lopez, Procurement Director
Raul Aguila, First Assistant City Attorney
· Shade structures near pavilion building
· A new parking lot
· Walkways throughout the site composed of concrete, concrete pavers, rubber
play surfacing and crushed coquina.
· A new "Cut" walk, 20' wide and elevated 15" with keystone and exposed shell
colored concrete materials. Sloped walkways and stairs occur within Cut Walk.
· Lighting throughout, including custom pylon lights along Cut Walk
· Fountain water feature at Washington Avenue entrance
· Custom play equipment and splash play area near pavilion building
· Furnishings including metal and precast benches, signage, trash receptacles,
beach shower, water fountains, and dog waste bag receptacles.
· Planting including new trees, planting and sod, a one acre native dune planting
area, and transplanted trees
· I rrigation system
· South patio and north entrance improvements at Smith and Wollensky
Restaurant. Restaurant to remain open during the construction period.
· Existing sea wall I rip rap at Government Cut to remain in its current location.
· "Drift" artwork foundations and utility requirements
· Additional alternate- Parking lot revision
· Additional alternate- Right of Way extension
Estimated Construction Budget: $15,000,000. The City reserves the right to provide
for additional funding should the construction estimate be exceeded.
Minimum Requirements: Bidder (Business Entity) must be licensed as a General
Contractor in the state of Florida with a minimum of five (5) years experience as a
General Contractor.
ANY BID(S) RECEIVED AFTER 3:00P.M. ON FEBRUARY 20,2007, WILL NOT BE
CONSIDERED AND WILL BE RETURNED TO THE BIDDER UNOPENED. THE
RESPONSIBILITY FOR SUBMITTING THE SUBMITTAL PACKAGE BEFORE THE
STATED TIME AND DATE IS SOLELY AND STRICTLY THE RESPONSIBILITY OF
THE BIDDER. THE CITY IS NOT RESPONSIBLE FOR DELAYS CAUSED BY MAIL,
COURIER SERVICE, INCLUDING U.S. MAIL, OR ANY OTHER OCCURRENCE.
A Pre-Bid Conference is scheduled for 10:00 a.m. on February 6, 2006 at the
following address: City of Miami Beach, City Hall - City Manager's Large
Conference Room, 1700 Convention Center Drive, Miami Beach, Florida.
Attendance (in person or via telephone) to this Pre-Bid submission meeting is
encouraged and recommended as a source of information but is not mandatory.
BID NO: 26-06/07
DATE: 01/24/07
CITY OF MIAMI BEACH I Amended page 7, Addendum No, 2
7
date of bid opening by delivering written notice of withdrawal to the Purchasing
Division prior to award of the Contract by the City Commission.
7. Determination of Award: The City Commission shall award the contract to the
lowest and best bidder. In determining the lowest and best bidder, in addition to
price, there shall be considered the following:
a. The ability, capacity and skill of the bidder to perform the Contract.
b. Whether the bidder can perform the Contract within the time specified,
without delay or interference.
c. The character, integrity, reputation, judgement, experience and
efficiency of the bidder.
d. The quality of performance of previous contracts.
e. The previous and existing compliance by the bidder with laws and
ordinances relating to the Contract.
8. Evaluation: An interim performance evaluation of the successful Contractor may
be submitted by the Contract Administrator during construction of the Project. A
final performance evaluation shall be submitted when the Request for Final
Payment to the construction contractor is forwarded for approval. In either
situation, the completed evaluation(s) shall be forwarded to the City's
Procurement Director who shall provide a copy to the successful
CONTRACTOR. Said evaluation(s) may be used by the City as a factor in
considering the responsibility of the successful CONTRACTOR for future bids
with the City.
9. Contract Price: The Contract Price is to include the furnishing of all labor,
materials, equipment including tools, services, permit fees, applicable taxes,
overhead and profit for the completion of the Work except as may be otherwise
expressly provided in the Contract Documents. The cost of any item(s) of Work
not covered by a specific Contract unit price or lump sum price shall be included
in the Contract unit price or lump sum price to which the item(s) is most
applicable.
10. Postoonement of Date for Presentina and Ooenina Bids: The City reserves the
right to postpone the date for receipt and opening of bids and will make a
reasonable effort to give at least seven (7) calendar days written notice of any
such postponement to each prospective Bidder.
11. Qualifications of Bidders: Bids shall be considered only from Contractors which
submit their bid by the bid's due date; Bidders who meet the "Minimum
Requirements"; Bidders that provide the 5% Bid Bond; and Bidders that submit
all required documentation as requested under this Invitation to Bid.
In determining a Bidder's responsibility and ability to perform the Contract, City
has the right to investigate and request information concerning the financial
BID NO: 26-06/07
DATE: 01/24/07
CITY OF M~~MI BEACH I Addendum No.2, Amended Page 29
)
00310. BID SUBMISSION REQUIREMENTS
The following information should be submitted with your bid response.
1.01 CONTENTS OF QUALIFICATION STATEMENT
Bid packages must contain the following documents, each fully completed, and
signed as required. Bid packages which do not include all required documentation,
or are not submitted in the required format, or do not have the appropriate
signatures on each document, may be deemed in the City's sole discretion to be
non-responsive. The City reserves the right to request any documentation omitted,
with exception of the 5% Bid bond and the Bid Price form in a sealed envelope,
bidder must submit the documentation within three (3) calendar days upon request
from the City, or the bid shall be deemed non-responsive. NOh-responsive bid
packages will receive no further consideration.
A. IDENTIFICATION PAGE AND TABLE OF CONTENTS
Bidder shall provide an Identification Page including the following information:
· Name of Bidder. (Note: if co venture, specify)
· Address of submitting Bidder. (Note: if co venture, specify)
· E-mail address for the appropriate contact person at the submitting
company.
· Phone number and facsimile number of submitting Bidder.
. Federal Tax Identification Number for submitting Bidder.
· Declaration regarding company organization, whether as Corporation,
Partnership, or other. (Note: if co venture, specify)
· Signature of an officer or other individual of the submitting Bidder who has
the authority to bind said Bidder.
· Printed name of the authorized signing officer or other individual.
· Title of the authorized signing officer.
· Date of signature.
· Table of Contents.
B. QUALIFICATION AND EXPERIENCE OF THE CONTRACTOR'S TEAM
It is a requirement of the bid that the Bidder, staff the project with competent
inc;tividuals, and qualified supervisory personnel. To that end, the Bidder shall
provide:
Bidder (Business Entity) shall demonstrate the Contractor Team's (Le" General
Contractor, sub-contractors, and key personnel) ability to execute the type of
work described within the Contract Documents of this Invitation to Bid (ITB).
The Contract Documents place emphasis on executing a scope of work
consisting of, but not limited to, the following: drainage infrastructure systems,
BID NO: 26-06/07
DATE: 01/24/07
CITY OF MIAMI BEACH
42
Addendum No.2, Amended Page 42
land forms, native dune plantings, landscape installations, and construction of
park facilities or waterfront facilities.
It is required that the bidder submit projects for evaluation that will assist
the Technical Review Panel in evaluating and scoring the 1st Criteria of
Phase I for selection; Qualification and Experience of the Contractor'~
Team worth 20 points.
It is recommended that the bidder provide representative projects as outlined
above to include the following information and components:
· Bidder's role
. Project name
. Project location
. Brief description of work performed
. Names, addresses, telephone number, fax number, and contact name for the
following:
. Owner or Agency
. Name of General Contractor's project manager and field superintendent
. Awarded contract amount and final contract amount
. Project Status (Projects may include finally completed projects, substantially
completed projects as well as projects in-progress)
. A checklist or description of the following types of construction encountered on the
project, if applicable:
Drainage infrastructure systems
Land forms
Native dune plantings
Landscape installations
Construction of park facilities or waterfront facilities
Traffic control
Maintenance of access for pedestrians to businesses or residences
Other: List as may apply
· An organizational chart listing the proposed key personnel, their qualifications
and their roles in the project, resumes which shall include educational
background, work experience, employment history, and any other pertinent
information. Where applicable, Bidder team members shall also submit current
and valid certifications and/or licenses for their individual scope of supervision.
At a minimum, the bidder shall include the following proposed project team
members:
· Construction Project Manager
· Construction Superintendent
· Site Foreman
. A staffing plan that clearly illustrates the key elements of the proposed
organizational structure. The staffing plan should indicate the availability of the
personnel proposed to work on the Project. The staffing plan should also
indicate the name of the individual who will serve as the primary contact with
City. Bidder shall clearly detail the role of all Sub-contractors proposed for the
Project.
BID NO: 26-06/07
DATE: 01124/07
CITY OF MIAMI BEACH I Addendum No, 2, Amended Page 43
43
C. PAST PERFORMANCE
Please provide your client with the Performance Evaluation Letter and Survey
attached herein on pages 52 and 53, and request that your client submit the
completed survey to Roman Martinez, Sr. Procurement Specialist at (Fax) 305-
673-7851 or e-mail romanmartinez@miamibeachfl.gov. Please understand that
we will not accept Client Surveys beina sent to our office from the office
of the bidder. Surveys must be sent to Procurement from your client's
office(s). Contractors are responsible for making sure their clients return the
Performance Evaluation Surveys to the City. The City reserves the right to
verify and confirm any information submitted in this process. Such verification
may include, but is not limited to, speaking with current and former clients,
review of relevant client documentation, site-visitation, and other independent
confirmation of data.
D. RISK ASSESSMENTS
All bidders must submit a Risk-Assessment Plan. The Risk-Assessment Plan
should not be lonaer than four paaes front side of paae onlv. The RAP
should not contain any reference to the bidders name within the
document. Please exclude any letterhead or loaos. anvthina that can
identify your company's name. (Note: The City reserves the right to request,
from the bidder, to re-submit the RAP in cases where the RAP has exceeded
the four pages of length or any RAP that has been identified with the bidder's
name or logo. Consultants must submit the documentation within three (3)
calendar days upon request from the City, or the proposal shall be deemed
non-responsive.) The RAP should be submitted in a sealed labeled envelope
and included within the ITB submission. The Risk-Assessment Plan should
address the following items in a clear and generic language:. (Please refer to
Section 00315.BEST VALUE PROCUREMENT ATTACHMENTS AND
FORMS, Attachments NO.3 and 4 found on pages 54-57).
The RAP should address the following items in a clear and generic language:
(1) What risks the project has. (Areas that may cause the Contractor not to
finish on time, not finish within budget, cause any change orders, or be a
source of dissatisfaction with the owner).
(2) Explanation of how the risks will be avoided/minimize.
(3) Propose any options that could increase the value of this project.
(4) Explain the benefits of the Risk Assessment Plan. Address the quality and
performance differences in terms of risk minimization that the City can
understand and what benefits the option will provide to the user. Do not
provide brochures or marketing pieces.
(5) Bidder is to provide a summarized phasing plan for all 4 construction
phases including Alternates 1 and 2.
(6) Provide a Preliminary Project Schedule.
BID NO: 26-06/07
DATE: 01124/07
CITY OF M~~MI BEACH I Addendum No.2, Amended Page 44 I
NOISE ORDINANCE
Sec. 46-156. Temporary permits.
(a) Requirements and procedures. The city manager is authorized to issue a temporary permit to
allow noise when produced by a temporary use or activity as provided in this section. The city
manager may prescribe any reasonable conditions necessary to minimize any adverse effect
upon the community. A permit granted under this article shall contain all conditions upon which
the permit has been granted, including the period of time for which the permit has been granted.
Such relief may be granted in the following situations:
(1) Code compliance in progress. When an applicant is utilizing best efforts to comply with the
noise restrictions in this article, but additional time is required for the applicant to modify his
activity to comply and no reasonable alternative is available to the applicant, such permits may be
granted for a period of time not to exceed ten consecutive days.
(2) Construction. When construction activities pursuant to a valid building permit cannot be
carried out in a manner which would comply with section 46-152, notwithstanding that all
equipment is operated in accordance with manufacturer's specifications, is in good repair and
utilizes all noise baffling methods as specified by the manufacturer, such activities shall occur
only as follows:
a, Between the hours of 7:30 a,m. and 6:30 p.m., and between the hours of 7:30 a.m, and 7:30
p.m. during daylight savings time, on any day in areas zoned as CCC, GU, 1-1, MR, CPS-1, CPS-
2, CPS-3, CPS-4, WD-1, WD-2, GC, HD, MXE, CD-1, CD-2 and CD-3. Construction noise that
violates section 46-152 shall not be permitted on Sundays or on national holidays in the zoning
districts set forth in this subsection, However, the city manager may authorize any necessary
construction activities to occur earlier and/or later than as otherwise provided in this subsection
based upon a finding that:
1, There are no reasonable alternatives;
2. There are no prior code violation adjudications or fines and no pending construction noise
violation cases against the property owner, contractor, or the construction site; and
3. There is a significant community need, public purpose or benefit. The work authorized by the
city manager may be conditioned upon reasonable notice to surrounding property owners and
tenants, Permits issued pursuant to such authorization shall not exceed seven consecutive days.
b. Between the hours of 8:00 a.m. and 6;00 p,m. on weekdays and 10:00 a.m. and 4:00 p.m, on
Saturdays in areas zoned as RM-1, RM-2, RM-3, RM-PRD, RPS-1, RPS-2, RPS-3, RPS-4,
RMPS-1, RS-1, RS-2, RS-3, RS-4, RO, TH and in any exclusively residential zoning district not
otherwise specified in this subsection and within 300 feet of any of these zoning districts. On
Sundays and national holidays, construction shall not be permitted before 10:00 a.m, or after 4:00
p.m. and construction noise that violates section 46-152 shall not be permitted between 10:00
a.m. and 4:00 p,m. in the zoning districts set forth in this subsection or within 300 feet thereof,
except that in buildings with occupied apartment units, as defined in section 114-1 of this Code,
no construction shall be allowed on Sundays or national holidays. However, the city manager
may authorize any necessary construction activities to occur earlier and/or later than as otherwise
provided in this subsection based upon a finding that:
1. There are no reasonable alternatives;
2, There are no prior code violation adjudications or fines and no pending construction noise
violation cases against the property owner, contractor, or construction site; and
3. There is a significant community need, public purpose or benefit.
The work authorized by the city manager may be conditioned upon reasonable notice to
surrounding property owners and tenants, Permits issued pursuant to such authorization shall not
exceed three consecutive days,
c. The issuance of a temporary permit is a privilege and does not constitute a right or expectation
that said permit will remain in effect. Any permits issued pursuant to subsections (2)a--b, shall not
constitute or be deemed precedent for the granting of any future permits.
d. Notwithstanding the provisions of subsections (2)a--b, temporary permits shall be subject to
authorization by the building official under emergency circumstances or when the building official
determines that for reasons of technical necessity work earlier or later than the time frames
specified in subsections (2)a--b or on any day (including Sundays or national holidays) is
required, The work authorized by the building official pursuant to this subsection shall be
conditioned upon reasonable notice to surrounding property owners and tenants.
(3) Special events and film and print permits, A film permit issued pursuant to section 12-1, or a
special event permit issued pursuant to section 12-5 may be exempted from the requirements of
section 46-152 upon specific compliance with subsections 12-1(9) or 12-5(8), as applicable.
(b) Violation of temporary permit. Failure to comply with any condition of a temporary permit
issued pursuant to this section shall constitute a violation and shall result in enforcement
procedures and penalties as set forth in sections 46-159 and 46-160.
(c) Revocation of temporary permits. Any temporary permit may be immediately revoked pursuant
to the procedures set forth in sections 102-383 and 102-385 if the city manager finds that an
emergency condition exists involving serious danger to the public health, safety, or welfare; if the
permit holder failed to disclose or misrepresented material information in the permit application or
in the permit application process; or that there was a failure to comply with any condition of a
particular temporary permit.
(Ord. No. 95-2982, ~ 2(24-5),3-22-95; Ord. No. 97-3085, ~ 1, 7-2-97; Ord. No. 2001-3302, ~ 2,4-
18-01; Ord. No. 2001-3303, ~ 2, 4-18-01; Ord. No. 2003-3412, ~ 1, 6-11-03; Ord. No. 2006-3511,
~ 6,3-8-06; Ord, No. 2006-3520, ~ 1, 7-12-06)
ORDINANCE NO. 2006-3520
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF
THE CITY OF MIAMI BEACH, FLORIDA, AMENDING
CHAPTER 46 OF THE CITY CODE, ENTITLED
"ENVIRONMENT," BY AMENDING ARTICLE IV, ENTITLED
"NOISE," BY AMENDING SECTION 46-156, ENTITLED
"TEMPORARY PERMITS," BY AMENDING THE PROCEDURES
AND REQUIREMENTS FOR CONSTRUCTION ACTIVITIES AND
PROVIDING EXCEPTIONS THERETO, PROHmITING
CONSTRUCTION NOISE ON SUNDAYS AND NATIONAL
HOLIDAYS IN ALL NON-RESIDENTIAL ZONING DISTRICTS,
EXCEPT UNDER CERTAIN CIRCUMSTANCES AND AS
AUTHORIZED BY THE BUILDING OFFICIAL, PROHIBITING
CONSTRUCTION IN RESIDENTIAL ZONING DISTRICTS
BEFORE 10:00 A.M. AND AFTER 4:00 P.M. ON SUNDAYS AND
NATIONAL HOLIDAYS AND PROHIBITING CONSTRUCTION
NOISE BETWEEN 10:00 A.M. AND 4:00 P.M. ON SUNDAYS AND
NATIONAL HOLIDAYS, PROVIDING PROVISIONS FOR THE
VIOLATION AND REVOCATION OF TEMPORARY PERMITS,
AND PROVIDING SUBHEADING TITLES TO BE ENTITLED (A)
"REQUIREMENTS AND PROCEDURES," (B) "VIOLATION OF
TEMPORARY PERMITS" AND (C) "REVOCATION OF
TEMPORARY PERMITS;" AMENDING SECTION 46-158,
ENTITLED "ENFORCEMENT BY CODE INSPECTORS; NOTICE
OF VIOLATION, WARNINGS" BY AMENDING SUBSECTION (A)
TO CLARIFY THE NOTICE OF VIOLATION PROVISIONS,
AMENDING SUBSECTION (B)(2) TO PROVIDE
CLARIFICATION AS TO THE NUMBER OF WRITTEN
WARNINGS IN ALL ZONING DISTRICTS EXCEPT SINGLE
FAMILY ZONING DISTRICTS; PROVIDING FOR ONE
WRITTEN WARNING IN SINGLE FAMILY ZONING DISTRICTS
PRIOR TO A NOTICE OF VIOLATION AND PROVIDING THAT
A VIOLATION, INSTEAD OF A WRITTEN WARNING, SHALL
BE ISSUED IF A VIOLATOR IS ALSO BEING CITED FOR AN
ILLEGAL COMMERCIAL OR NON-PERMITTED, NON-
RESIDENTIAL USE IN A RESIDENTIAL ZONING DISTRICT;
AMENDING SECTION 46-159 ENTITLED "FINES AND
PENALTIES FOR VIOLATION; APPEALS; ALTERNATE MEANS
OF ENFORCEMENT," BY PROVIDING FINES AND PENALTIES
FOR ANY OFFENSE WHICH WAS COMMITTED WHILE THE
VIOLATOR WAS ALSO ENGAGED IN AN ILLEGAL
COMMERCIAL OR NON-PERMITTED, NON-RESIDENTIAL
USE IN A RESIDENTIAL ZONING DISTRICT; PROVIDING FOR
CODIFICATION, REPEALER, SEVERABILITY, AND AN
EFFECTIVE DATE.
WHEREAS, noise has been a topic of concern within the City of Miami Beach for many
years and has recently been the subject of recent City Code amendment to address modified
enforcement and legislative solutions; and
WHEREAS, the purpose of the City's Noise Ordinance is to obtain compliance with the
prohibition on unnecessary and excessive noise in the City before imposing fines and other
penalties; and
WHEREAS, in order to strike a balance between the concerns of the business
community and residents, a warning and violation system has been developed which takes into
account the diverse character of the City; and
WHEREAS, the provisions in this Ordinance will serve to further address the noise
concerns of the City and its residents relative to construction projects and with regard to illegal
commercial or non-permitted, non-residential, uses in residential zoning districts, to preserve the
quality of life in all City neighborhoods, and to provide clarification of the City Commission's
original intent relative to the enforcement of noise violations.
NOW, THEREFORE, BE IT DULY ORDAINED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH AS FOLLOWS:
SECTION 1. That Section 46-156 of Article IV of Chapter 46 of the Miami Beach City Code is
hereby amended as follows:
Chapter 46
ENVIRONMENT
* * *
ARTICLE IV. NOISE
* * *
Sec. 46-156. Temporary permits.
(a) Requirements and Procedures
The City manager is authorized to issue a temporary permit to allow noise when
produced by a temporary use or activity as provided in this section. The City manager
may prescribe any reasonable conditions necessary to minimize any adverse effect upon
2
the community. A permit granted under this article shall contain all conditions upon
which the permit has been granted, including the period of time for which the permit has
been granted. Such relief may be granted in the following situations:
(1) Code compliance in progress. When an applicant is utilizing best efforts to
comply with the noise restrictions in this article, but additional time is required for
the applicant to modify his activity to comply and no reasonable alternative is
available to the applicant, such permits may be granted for a period of time not to
exceed ten consecutive days.
(2) Construction. When construction activities pursuant to a valid building permit
cannot be carried out in a manner which would comply with section 46-152,
notwithstanding that all equipment is operated in accordance with manufacturer's
specifications, is in good repair and utilizes all noise baffling methods as specified
by the manufacturer, such activities shall occur only as follows:
a. Between the hours of 7:30 a.m. and 6:30 p.m., and between the hours of 7:30
a.m. and 7:30 p.m. during daylight savings time, on any day in areas zoned as
CCC, GU, I-I, MR, CPS-l, CPS-2, CPS-3, CPS-4, RG; WD-l, WD-2, GC,
HD, MXE, CD-I, CD-2 and CD-3. Ne-eConstruction noise that violates
section 46-152 shall not be permitted on Sundays or on national holidays in
the zoning districts set forth in this subsection. However, the City manager
may authorize any necessary construction activities to occur earlier and/or
later than as otherwise provided in this subsection based upon a finding that I)
there are no reasonable alternatives.. aB6 2) there are no prior code violation
adjudications or fines and no pending construction noise violation cases
against the property owner, contractor, or the construction site, and 3) all
peRRitted eon5tn1:etion days and llo\:tfs are already being fully utilized in
aeeeftiaBee ':lith iIulustrv standards and uraetiee andl{)r in reeegnition of
eemmWlity Heeds, meludmg hut not limited to traffic flows for ,,.Alien a
aartiel:llar seCjlleHeiag of eonstruetioR is neeessitated there is a significant
community need. public purpose or benefit. The work authorized by the City
manager may be conditioned upon reasonable notice to surrounding property
owners and tenants. Permits issued pursuant to such authorization shall not
exceed seven consecutive days. No eel'lStnletioN shall be permitted en
8wulays or OR national holidays ia tHe ZONing distriets set furth iN this
suhseetion. notwithstandiNg eempliaNee with Seetion 46 152.
b. Between the hours of 8:00 a.m, and 6:00 p.m. on weekdays and 10:00 a.m.
and 4:00 p.m. on Saturdays in areas zoned as RM-l, RM-2, RM-3, RM-PRD,
RPS-I, RPS-2, RPS-3, RPS-4, RMPS-l, RS-l, RS-2, RS-3, RS-4, RO. TH
and in any exclusively residential zoning district not otherwise specified in
this subsection and within three hundred feet of any of these zoning districts.
No eeNstrnetieR shall be permitted on Sl:lBdays or on national holidays in the
3
Z6mn.e <:iistriets set {6rth in. this s1:1bsection. or within. 300 feet thereof. On
Sundays and national holidays. construction shall not be permitted before
10:00 a.m. or after 4:00 p.m. and construction noise that violates section 46-
152 shall not be permitted between 10:00 a.m. and 4:00 p.m. in the zoning
districts set forth in this subsection or within 300 feet thereof. except that in
buildings with occupied apartment units. as defined in section 114-1 of this
Code. no construction shall be allowed on Sundavs or national holidays.
However, the City manager may authorize any necessary construction
activities to occur earlier and/or later than as otherwise provided in this
subsection based upon a finding that 1) there are no reasonable alternatives..
fJftd 2) there are no prior code violation adjudications or fines and no pending
construction noise violation cases against the property owner, contractor, or
construction site. and 3) all permittea caflstmetiea days ami hoW"s are alreatiy
beiBg fully utilizea iB aecer-a8fl.ee with industry st8fl.Elaros and 13faetiee aDd/or
ia ree6g;Bitioo af cemmHftity Beeds. iflelu<:iing but not limiteEl te tFaffie flows.
a partielllar sefl1:leaeme of eeBstmetion is necessitateEl there is a significant
community need. public purpose or benefit. The work authorized by the City
manager may be conditioned upon reasonable notice to surrounding property
owners and tenants. Permits issued pursuant to such authorization shall not
exceed three consecutive days. No construction shall be permitted on
SWlElays ar aft Bati61lal haliElays ill the zoBing districts set forth in this
sm,seetian., n.ot\':ithstanding complianee ';:ith seeticlB 46 152.
c. The issuance of a temporary permit is a privilege and does not constitute a
right or expectation that said permit will remain in effect. Any permits issued
pursuant to (2)a-b, shall not constitute or be deemed precedent for the granting
of any future permits.
d. Notwithstanding the provisions of (2)a-b., temporary permits shall be subiect
to authorization bv the building official under emergency circwnstances or
when the Plariea B!2uilding CeEle re'itiifes official determines that for reasons
of technical necessity work earlier or later than the time frames specified in
(2)a-b or on any day (including Sundays or national holidays), temperary
permits SHall be saejeet te autherization by the bllildiBg official is required.
The work authorized bv the building official pursuant to this subsection may
shall be conditioned upon reasonable notice to surrounding property owners
and tenants.
ill Special events andfilm and print permits. A film permit issued pursuant to section
12-1, or a special event permit issued pursuant to section 12-5 may be exempted
from the requirements of section 46-152 upon specific compliance with sections
12-1(9) or 12-5(8), as applicable.
4
(b) Violation of Temporary Permit
Failure to comply with any condition of a temporary permit issued pursuant to this
section shall constitute a violation and shall result in enforcement procedures and
penalties as set forth in sections 46-159 and 46-160.
W Revocation of Temporary Permits
Anv temporary permit may be immediately revoked pursuant to the procedures set forth
in sections 102-383 and 102-385 if the City Manag:er finds that an emergency condition
exists involving serious danger to the public health. safety. or welfare: if the pennit
holder failed to disclose or misrepresented material information in the permit application
or in the permit application process: or that there was a failure to comply with any
condition of a particular temporary permit.
SECTION 2. That Section 46-158 of Article IV of Chapter 46 ofthe Miami Beach City Code is
hereby amended as follows:
Sec. 46-158. Enforcement by code inspectors; notice ofviolatioD; warnings.
(a) Notice of Violation. If the code inspector observes a violation of this article, the
inspector shall issue a notice of violation to the violator, and a courtesy copy of the
violation shall be provided to the occupational license holder, except as otherwise
provided in subsection (b), and inform the violator that he must immediately cease the
violation Sfia that the vielator will be suejeet to peBalties if the -..iolatioB eeBtin1:1es aad
that a netiee ef violation will be issuea to the violater as pFeviaea iR Chapter 30 of tliis
Gede. The notice shall inform the violater of the include the following information:
(1) Name of the violator.
(2) Date and time of violation.
(3) Nature of the violation.
(4) Amount of fine or other penalty for which the violator may be liable
pursuant to section 46-159 ofthis Code or as otherwise provided by law.
(5) Instructions and due date for paying the fine.
(6) Notice that the violation may be appealed by filing a written request for an
administrative hearing with the clerk of the special master within ten days
after service of the notice of violation, that failure to do so shall constitute
an admission of the violation and waiver of the right to a hearing, and that
unpaid fines will result in the imposition of liens which may be foreclosed
by the city.
5
The notice shall also inform the violator that repeat violations of this article will result in
the imposition of larger fines and may also result in revocation, suspension, or the
imposition of restrictions on an occupational license, and/or certificate of use, or
accessory use, and/or injunctive proceedings as provided by law. The notice shall be
signed by the code inspector who witnessed the violation.
(b) Warnings.
(1) Oral Warnings
If a code inspector observes a violation of this article without a complaint having been
made, the inspector may first issue one oral courtesy warning per day and inform the
violator that the violator will be subject to penalties if the violation continues.
(2) Written Warnings
A code inspector shall first issue a written warning to immediately cease the violation
prior to issuing a notice ofviolation~ ifa0 mere thaH
ill. unless three written warnings have been issued in the 12 months
preceding the date of violation and the violation occurs in any zoning
district except a single familv zoning district: or
b) unless one written warning has been issued in the 12 months preceding
the date of violation and the violation occurs in a single family zoning
district.
The written warning shall be substantially in the same form as the notice of violation as
stated in section 46-158 (a) above. Failure to correct the violation within fifteen minutes
following the issuance of a written or oral warning, shall result in the issuance of a notice
of violation pursuant to this Article.
A ~ode linspector shall not issue a written warning, and instead shall issue a notice of
violation, to any person, entity or establishment who: 1) in anyone day has already been
issued a written warning as specified in 46-158 or 2) in any 12 month period has
exceeded any of the thfee warning limits specified in 46-158(b)(1) or 3) is also being
cited for an illegal commercial or non-permitted non-residential use in a residential
zoning district.
(c) Owner's ReSlJonsibilitv to Provide Current Address.
The holder of the occupational license for the premises where a violation or warning is
issued shall have the responsibility to keep the ~ity advised of the current address of the
owner of the premises.
6
SECTION 4. That Section 46-159 of Article IV of Chapter 46 of the Miami Beach City Code is
hereby amended as follows:
Sec. 46-159. Fines and penalties for violation; appeals; alternate means of enforcement.
(a) Fines and penalties. The following civil fines and penalties shall be imposed for
violations of this chapter:
(1) Ifthe offense is the first offense, $250.00 fine.
(2) If the offense is the second offense within the preceding 18 months,
$1,000.00 fine.
(3) If the offense is the third offense within the preceding 18 months,
$2,000.00 fine.
(4) If the offense is the fourth offense within the preceding 18 months, one
weekend (noon Friday through noon Monday) occupational license
conditions and/or accessory use restrictions shall be imposed limiting the
ability to produce any live or amplified sound at that portion of the
premises that caused the violation, in addition to a $3,000.00 fine.
(5) If the offense is the fifth offense within the preceding 18 months, two
weekend (noon Friday through noon Monday) occupational license
conditions and/or accessory use restrictions shall be imposed limiting the
ability to produce any live or amplified sound at that portion of the
premises that caused the violation, in addition to a $5,000.00 fine.
(6) If the offense is the sixth or greater offense within the preceding 18
months, it shall be considered an habitual offender offense with penalties
and fines imposed pursuant to Section 46-1 59(h).
(7) The first time an offense is committed while the violator was also engaged
in an illegal commercial or non-permitted. non:'residential use in a
residential zoning district. $1.000.00. notwithstanding the fine provision in
(1 ) above.
(8) The second or any subseauent time an offense is committed while the
violator was also engaged in an illegal commercial or non-pennitted. non-
residential use in a residential zoning district. $5.000.00. notwithstanding
the fine provisions in (2)-(4) above.
* * *
SECTION 5. 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 a part of the
Code of the City of Miami Beach, Florida. The sections of this ordinance may be renumbered or
re-Iettered to accomplish such intention, and the word "ordinance" may be changed to "section,"
"article," or other appropriate word.
7
SECTION 6. REPEALER
All ordinances or parts of ordinances in conflict herewith be and the same are hereby
repealed.
SECTION 7. SEVERABILITY
If any section, subsection, clause or provision of this Ordinance is held invalid, the
remainder shall not be affected by such invalidity.
SECTION 8. EFFECTIVE DATE
PASSED and ADOPTED this --12.th day of
David Dermer
This Ordinance shall take effect on the 22nd day 0
ATTEST:
~~Mc4
CITY CLERK
Robert Parcher
APPROVED AS TO
FORM & lANGUAGE
& F EXECUTION
~
!:t' D.
F:\atto\TURMORDINANC\NolseOrd - Construction Noise I1.doc(2nd amended).doc
8
COMMISSION ITEM SUMMARY
Condensed Title:
An Ordinance amending the Noise Ordinance to address Sunday Construction Noise, Temporary
Construction Noise Permits and Written Wamin s in Sin Ie Famil Zonin Districts.
Ke Intended Outcome Su orted:
Increase resident satisfaction with level of code enforcement.
Issue:
Shall the City Commission approve amendments to the Noise Ordinance regarding Construction Noise and
Written Warn in s in Sin Ie Famil Zonin Districts?
Item Summary/Recommendation:
At the June 7, 2006 City Commission meeting, the City Commission approved the First Reading of an
Ordinance amending several sections of the Noise Ordinance and provided direction and clarification on a
number of the issues presented within the Ordinance.
The Noise Ordinance incorporates the following amendments:
-Sunday Construction Activity and Noise in Commercial Districts
-Sunday Construction Activity and Noise in Residential Zoning Districts
-Requirement to Use All Available Construction Hours Before an Expansion of Hours or Exemption for
Excessive Noise Would be Granted
-Building Official Emergency Construction Approval of Temporary Noise Permits
-Revocation of Temporary Noise Permits
-Clarification of the Number of Wamings
-Written Warnings Permitted in Single Family Zoning Districts
With the exception of one provision dealing with construction noise and activities in residential zoning
districts, all of the other items in the Ordinance have been discussed and approved and/or requested by
members of the City Commission. The complete Ordinance serves to both clarify and fine tune the Noise
Ordinance so that it can be used more effectively within the community and pursuant to the policy guidance
provided by the members of the City Commission. If the provision that is suggested for the City Commission
consideration that addresses both construction activities and construction generated noise in residential
districts on Sundays and National Holidays correctly captures the Commission sentiment, action on the full
Ordinance can be taken. If the Sunday noise section is unclear or does not correctly capture the desired
policy of the City Commission, opening and continuing the item to allow a more detailed committee
discussion may be desirable.
Advisory Board Recommendation:
IN/A
Financial Information:
Source of
Funds:
. . . ApProvecl: :.. ,
fa
MIAMI BEACH
AGENDA ITEM
DATE
R5D
7-/2. -Ok.,
~
MIAMI BEACH
City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, WMV.miamibeachfl.gov
COMMISSION MEMORANDUM
TO: Mayor David Dermer and Members of the City Commission
FROM: Jorge M. Gonzalez, City Manager d _ V-
D PUBLIC HEARING
DATE: July 12, 2006 SECOND READING
SUBJECT: AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY
OF MIAMI BEACH, FLORIDA, AMENDING CHAPTER 46 OF THE CITY CODE,
ENTITLED "ENVIRONMENT," BY AMENDING ARTICLE IV, ENTITLED
"NOISE," BY AMENDING SECTION 46-156, ENTITLED "TEMPORARY
PERMITS," BY AMENDING THE PROCEDURES AND REQUIREMENTS FOR
CONSTRUCTION ACTIVITIES AND PROVIDING EXCEPTIONS THERETO,
PROHIBITING CONSTRUCTION NOISE ON SUNDAYS AND NATIONAL
HOLIDAYS IN ALL NON-RESIDENTIAL ZONING DISTRICTS, EXCEPT
UNDER CERTAIN CIRCUMSTANCES AND AS AUTHORIZED BY THE
BUILDING OFFICIAL, PROHIBITING CONSTRUCTION IN RESIDENTIAL
ZONING DISTRICTS BEFORE 10:00 A.M. AND AFTER 4:00 P.M. ON
SUNDAYS AND NATIONAL HOLIDAYS AND PROHIBITING CONSTRUCTION
NOISE BETWEEN 10:00 A.M. AND 4:00 P.M. ON SUNDAYS AND NATIONAL
HOLIDAYS, PROVIDING PROVISIONS FOR THE VIOLATION AND
REVOCATION OF TEMPORARY PERMITS, AND PROVIDING SUBHEADING
TITLES TO BE ENTITLED (A) "REQUIREMENTS AND PROCEDURES," (B)
"VIOLATION OF TEMPORARY PERMITS" AND (C) -REVOCATION OF
TEMPORARY PERMITSj" AMENDING SECTION 46-158, ENTITLED
"ENFORCMENT BY CODE INSPECTORSj NOTICE OF VIOLATION,
WARNINGS" BY AMENDING SUBSECTION (A) TO CLARIFY THE NOTICE
OF VIOLATION PROVISIONS, AMENDING SUBSECTION (B)(2) TO PROVIDE
CLARIFICATION AS TO THE NUMBER OF WRITTEN WARNINGS IN ALL
ZONING DISTRICTS EXCEPT SINGLE FAMILY ZONING DISTRICTSj
PROVIDING FOR ONE WRITTEN WARNING IN SINGLE FAMilY ZONING
DISTRICTS PRIOR TO A NOTICE OF VIOLATION AND PROVIDING THAT A
VIOLATION, INSTEAD OF A WRITTEN WARNING, SHALL BE ISSUED IF A
VIOLATOR IS ALSO BEING CITED FOR AN ILLEGAL COMMERCIAL OR
NON-PERMITTED, NON-RESIDENTIAL USE IN A RESIDENTIAL ZONING
DISTRICT; AMENDING SECTION 46-159 ENTITLED "FINES AND PENALTIES
FOR VIOLATIONj APPEALS; ALTERNATE MEANS OF ENFORCEMENT," BY
PROVIDING FINES AND PENALTIES FOR ANY OFFENSE WHICH WAS
COMMITTED WHILE THE VIOLATOR WAS ALSO ENGAGED IN AN ILLEGAL
COMMERCIAL OR NON-PERMITTED, NON-RESIDENTIAL USE IN A
RESIDENTIAL ZONING DISTRICT; PROVIDING FOR CODIFICATION,
ADMINISTRATION RECOMMENDATION
Adopt the Ordinance.
ANALYSIS
At the June 7, 2006 City Commission meeting, the City Commission approved the First
Reading of an Ordinance amending several sections of the Noise Ordinance and provided
direction and clarification on a number of the issues presented within the Ordinance. While
most of the items were addressed and resolved by the members of the City Commission at
the First Reading, the members of the City Commission provided general direction on the
subject of construction noise permitted on Sundays with the expectation that the subject
would be further discussed and clarified at a scheduled meeting of the
Neighborhoods/Community Affairs Committee meeting. Unfortunately, the scheduled
meeting of the Neighborhoods/Community Affairs Committee meeting was cancelled due to
scheduling conflicts.
As a first consideration the members of the City Commission should determine if opening
and continuing the Second Reading to allow for a more in depth committee discussion is
necessary before considering an amendment relative to construction related noise on
Sundays.
While the Ordinance contains a number of operationally valuable considerations and in
some cases clarification, in the event the members of the City Commission wished to open
and continue this item it is not anticipated that any lasting or severe impacts would result
from this action, Second Reading consideration would be delayed until the September
meeting of the City Commission.
In the event the Sunday construction noise language that is suggested addresses the City
Commission's concerns, it is preferable to have the item taken up and approved.
The Noise Ordinance incorporates the following amendments:
· Sundav Construction Activity and Noise in Commercial Districts
Section 46-156 (2) a, has been amended to include a prohibition for construction
noise that exceeds the limits established within the Noise Ordinance on Sundays or
National Holidays. This is a new requirement and it has been clarified from the First
Reading to specifically reflect construction noise and not construction activity per se.
· Sunday Construction Activity and Noise in Residential Zoning Districts
Section 46-156 (2) b has been amended to clarify that construction activities are not
permitted before 10:00 a.m. or after 4:00 p.m. and construction related noise shall
not be permitted between 10:00 a.m. and 4:00 p.m. This amendment attempts to
recognize the balance which the City Commission discussed of both a time of peace
and quiet on Sundays and National Holidays and to recognize that there are
numerous and legitimate construction activities undertaken by private homeowners
in residential districts during weekends. This language would allow typical
homeowner activities that are not generally noise producing to occur as they now do
in residential districts of the City between the hours of 10:00 a.m. and 4:00 p.m. on
Sundays. Construction activity is only prohibited in residential districts on Sunday's
before 1 0:00 a.m. and after 4:00 p.m.
This speCific provision is one which the Commission members had expected to
discuss in Committee before the Second Reading; however, this language attempts
to address the balance desired by the City Commissioners and may be clear enough
as presented. If the Commission policy concerns are appropriately addressed by the
2
suggested language then the Committee discussion may not be necessary.
· Reauirement to Use All Available Construction Hours Before an Expansion of Hours
or Exemption for Excessive Noise Would be Granted
Section 46-156 (2) a and b has been amended to include a provision that requires
any property owner in either commercial or residential districts to use all of the
available hours permitted within the Ordinance before requesting and being
granted an expansion or an exemption for extra hours or time to engage in noise
producing construction. The language has been expanded pursuant to the City
Commission discussion to recognize that there might be legitimate community needs
such as the 63rd Street Flyover Project that might actually necessitate and make
advantageous a change in the allowable hours without fully utilizing the total
available.
· Buildina Official Emeraencv Construction Approval of Temporary Noise Permits
Section 46-156 (a) (2) d has been amended to allow an expanded grant of authority
to the Building Official to grant temporary Noise Permits on any day under
emergency circumstances. The Section also allows the Building Official to require a
permit holder to notify surrounding property owners or residents.
· Revocation of Temporary Noise Permits
Section 46-156 (c) has been added to allow any temporary permit for Noise
generation to be revoked in the event there is an emergency condition or if there is
information that has been improperly or incompletely disclosed relative to the permit.
· Clarification of the Number of Waminas
Section 46-158 (b )(2)a has been amended to clearly reflect that only three (3) and
not four (4) written warnings are permitted in advance of a violation being issued for
excessive noise.
· Written Warninas Permitted in Sinale Familv Zonina Districts
Section 46-158(b) (2)b has been added at the specific direction of the City
Commission to provide that only one (1) written warning is available in a twelve (12)
month period of time for Noise violation~ occurring within single family zoning
districts of the City.
Section 46-150(b)(2) and a companion amendment in Section 46-159(a)(7)and (8)
have been added to recognize that illegal commercial or non permitted non
residential use in residential zoning district would be penalized in the first instance at
$1,000.00 for an offense; the penalty for any second or subsequent offense is set at
$5,000.00.
CONCLUSION
With the exception of one provision dealing with construction noise and activities in
residential zoning districts, all of the other items in the Ordinance have been discussed and
approved and/or requested by members of the City Commission. The complete Ordinance
serves to both clarify and fine tune the Noise Ordinance so that it can be used more
3
effectively within the community and pursuant to the policy guidance provided by the
members of the City Commission. If the provision that is suggested for the City Commission
consideration that addresses both construction activities and construction generated noise in
residential districts on Sundays and National Holidays correctly captures the Commission
sentiment, action on the full Ordinance can be taken. If the Sunday noise section is unclear
or does not correctly capture the desired policy of the City Commission, opening and
continuing the item to allow a more detailed committee discussion may be desirable.
sam
ALL\80B\NoiseOrd7 -12-06commemo.doc
4
C9 MIAMI BEACH
City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.gov
COMMISSION MEMORANDUM
TO: Mayor David Dermer and Members of the City Commission
FROM: Jorge M. Gonzalez, City Manager ~ ..lM.G- ~
DATE: July 12, 2006
SUBJECT: SUPPLEMENT TO - AN ORDINANCE OF THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING
CHAPTER 46 OF THE CITY CODE, ENTITLED "ENVIRONMENT," BY
AMENDING ARTICLE IV, ENTITLED "NOISE," BY AMENDING SECTION 46-
156, ENTITLED "TEMPORARY PERMITS," BY AMENDING THE
PROCEDURES AND REQUIREMENTS FOR CONSTRUCTION ACTIVITIES
AND PROVIDING EXCEPTIONS THERETO, PROHIBITING CONSTRUCTION
NOISE ON SUNDAYS AND NATIONAL HOLIDAYS IN ALL NON-
RESIDENTIAL ZONING DISTRICTS, EXCEPT UNDER CERTAIN
CIRCUMSTANCES AND AS AUTHORIZED BY THE BUILDING OFFICIAL.
PROHIBITING CONSTRUCTION IN RESIDENTIAL ZONING DISTRICTS
BEFORE 10:00 A.M. AND AFTER 4:00 P.M. ON SUNDAYS AND NATIONAL
HOLIDAYS AND PROHIBITING CONSTRUCTION NOISE BETWEEN 10:00
A.M. AND 4:00 P.M. ON SUNDAYS AND NATIONAL HOLIDAYS. PROVIDING
PROVISIONS FOR THE VIOLATION AND REVOCATION OF TEMPORARY
PERMITS, AND PROVIDING SUBHEADING TITLES TO BE ENTITLED (A)
"REQUIREMENTS AND PROCEDURES," (B) "VIOLATION OF TEMPORARY
PERMITS" AND (C) cREVOCATION OF TEMPORARY PERMITS;" AMENDING
SECTION 46-158. ENTITLED "ENFORCMENT BY CODE INSPECTORS;
NOTICE OF VIOLATION, WARNINGS" BY AMENDING SUBSECTION (A) TO
CLARIFY THE NOTICE OF VIOLATION PROVISIONS, AMENDING
SUBSECTION (B)(2) TO PROVIDE CLARIFICATION AS TO THE NUMBER OF
WRITTEN WARNINGS IN ALL ZONING DISTRICTS EXCEPT SINGLE FAMILY
ZONING DISTRICTS; PROVIDING FOR ONE WRITTEN WARNING IN SINGLE
FAMILY ZONING DISTRICTS PRIOR TO A NOTICE OF VIOLATION AND
PROVIDING THAT A VIOLATION, INSTEAD OF A WRITTEN WARNING,
SHALL BE ISSUED IF A VIOLATOR IS ALSO BEING CITED FOR AN
ILLEGAL COMMERCIAL OR NON-PERMITTED, NON-RESIDENTIAL USE IN
A RESIDENTIAL ZONING DISTRICT; AMENDING SECTION 46-159
ENTITLED "FINES AND PENA~TIES FOR VIOLATION; APPEALS;
ALTERNATE MEANS OF ENFORCEMENT," BY PROVIDING FINES AND
PENALTIES FOR ANY OFFENSE WHICH WAS COMMITTED WHILE THE
VIOLATOR WAS ALSO ENGAGED IN AN ILLEGAL COMMERCIAL OR NON-
PERMITTED, NON-RESIDENTIAL USE IN A RESIDENTIAL ZONING
DISTRICT; PROVIDING FOR CODIFICATION,
Agenda Item
Date
gSD
7-/2 -()~
Attached please find suggested revisions to the Noise Ordinance that is before the City
Commission as item R5D on the July 12, 2006 agenda. The attached Ordinance is
suggested in lieu of the original Commission agenda item.
The changes have been suggested in order to make reading and subsequent enforcement
easier.
Suggested changes do not change either intent or requirements identified in the First
Reading version and include:
· In both the commercial and residential zoning districts a simplification of the standard
relating to fully utilizing available hours for a temporary noise permit is suggested.
The revised language is easier to read and apply and will still capture the
Commission intent of not allowing added construction time for convenience. The
reasonable alternatives and the newly revised community needs standard will
address the Commission concern fully.
· The section on the Building Officials ability to grant temporary permits has been
clarified to more easily express the original intent of an emergency condition orwhen
a construction technical necessity exits.
· The section on the Building Officials ability to grant temporary permits has also been
modified to change the notice of a temporary permit from may to shall.
A version of the Ordinance that tracks the suggested language change is included for ease
of reference.
JMG\RCM\sam
F:\cmgr\$ALL\BOB\NolseOrd7 -12-06commemosupplement.doc
2
ORDINANCE NO.
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF
THE CITY OF MIAMI BEACH, FLORIDA, AMENDING
CHAPTER 46 OF THE CITY CODE, ENTITLED
"ENVIRONMENT," BY AMENDING ARTICLE IV, ENTITLED
"NOISE," BY AMENDING SECTION 46-156, ENTITLED
"TEMPORARY PERMITS," BY AMENDING THE PROCEDURES
AND REQUIREMENTS FOR CONSTRUCTION ACTIVITIES AND
PROVIDING EXCEPTIONS THERETO, PROHIBITING
CONSTRUCTION NOISE ON SUNDAYS AND NATIONAL
HOLIDAYS IN ALL NON-RESIDENTIAL ZONING DISTRICTS,
EXCEPT UNDER CERTAIN CIRCUMSTANCES AND AS
AUTHORIZED BY THE BUILDING OFFICIAL, PROHIBITING
CONSTRUCTION IN RESIDENTIAL ZONING DISTRICTS
BEFORE 10:00 A.M. AND AFTER 4:00 P.M. ON SUNDAYS AND
NATIONAL HOLIDAYS AND PROHIBITING CONSTRUCTION
NOISE BETWEEN 10:00 A.M. AND 4:00 P.M. ON SUNDAYS AND
NATIONAL HOLIDAYS, PROVIDING PROVISIONS FOR THE
VIOLATION AND REVOCATION OF TEMPORARY PERMITS,
AND PROVIDING SUBHEADING TITLES TO BE ENTITLED (A)
"REQUIREMENTS AND PROCEDURES," (B) "VIOLATION OF
TEMPORARY PERMITS" AND (C) "REVOCATION OF
TEMPORARY PERMITS;" AMENDING SECTION 46-158,
ENTITLED "ENFORCEMENT BY CODE INSPECTORS; NOTICE
OF VIOLATION, WARNINGS" BY AMENDING SUBSECTION (A)
TO CLARIFY THE NOTICE OF VIOLATION PROVISIONS,
AMENDING SUBSECTION (B)(2) TO PROVIDE
CLARIFICATION AS TO THE NUMBER OF WRITTEN
WARNINGS IN ALL ZONING DISTRICTS EXCEPT SINGLE
FAMILY ZONING DISTRICTS; PROVIDING FOR ONE
WRITIEN WARNING IN SINGLE FAMILY ZONING DISTRICTS
PRIOR TO A NOTICE OF VIOLATION AND PROVIDING THAT
A VIOLATION, INSTEAD OF A WRITTEN WARNING, SHALL
BE ISSUED IF A VIOLATOR IS ALSO BEING CITED FOR AN
ILLEGAL COMMERCIAL OR NON-PERMITTED, NON-
RESIDENTIAL USE IN A RESIDENTIAL ZONING DISTRICT;
AMENDING SECTION 46-159 ENTITLED "FINES AND
PENALTIES FOR VIOLATION; APPEALS; ALTERNATE MEANS
OF ENFORCEMENT," BY PROVIDING FINES AND PENALTIES
FOR ANY OFFENSE WHICH WAS COMMITTED WHILE THE
VIOLATOR WAS ALSO ENGAGED IN AN ILLEGAL
COMMERCIAL OR NON-PERMITTED, NON-RESIDENTIAL
USE IN A RESIDENTIAL ZONING DISTRICT; PROVIDING FOR
CODIFICATION, REPEALER, SEVERABILITY, AND AN
EFFECTIVE DATE.
WHEREAS, noise has been a topic of concern within the City of Miami Beach for many
years and has recently been the subject of recent City Code amendment to address modified
enforcement and legislative solutions; and
WHEREAS, the purpose of the City's Noise Ordinance is to obtain compliance with the
prohibition on unnecessary and excessive noise in the City before imposing fines and other
penalties; and
WHEREAS, in order. to strike a balance between the concerns of the business
community and residents, a warning and violation system has been developed which takes into
account the diverse character of the City; and
WHEREAS, the provisions in this Ordinance will serve to further address the noise
concerns of the City and its residents relative to construction projects and with regard to illegal
commercial or non-permitted, non-residential, uses in residential zoning districts, to preserve the
quality of life in all City neighborhoods, and to provide clarification of the City Commission's
original intent relative to the enforcement of noise violations.
NOW, THEREFORE, BE IT DULY ORDAINED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH AS FOLLOWS:
SECTION 1. That Section 46-156 of Article IV of Chapter 46 of the Miami Beach City Code is
hereby amended as follows:
Chapter 46
ENVIRONMENT
* * *
ARTICLE IV. NOISE
* * *
Sec. 46.156. Temporary permits.
(a) Requirements and Procedures
The City manager is authorized to issue a temporary permit to allow noise when
produced by a temporary use or activity as provided in this section. The City manager
may prescribe any reasonable conditions necessary to minimize any adverse effect upon
2
the community. A permit granted under this article shall contain all conditions upon
which the permit has been granted, including the period of time for which the permit has
been granted. Such relief may be granted in the following situations:
(1) Code compliance in progress. When an applicant is utilizing best efforts to
comply with the noise restrictions in this article, but additional time is required for
the applicant to modify his activity to comply and no reasonable alternative is
available to the applicant, such permits may be granted for a period of time not to
exceed ten consecutive days.
(2) Construction. When construction activities pursuant to a valid building permit
cannot be carried out in a manner which would comply with section 46-152,
notwithstanding that all equipment is operated in accordance with manufacturer's
specifications, is in good repair and utilizes all noise baffling methods as specified
by the manufacturer, such activities shall occur only as follows:
a. Between the hours of 7:30 a.m. and 6:30 p.m., and between the hours of 7:30
a.m. and 7:30 p.m. during daylight savings time, on any day in areas zoned as
CCC. GU, I-I, MR, CPS-I, CPS-2, CPS-3, CPS-4, RO, WD-l, WD-2, GC,
HD, MXE, CD-I, CD-2 and CD-3. No construction noise shall be permitted
on Sundavs or on national holidays in the zoning districts set forth in this
subsection. However. the City manager may authorize any necessary
construction activities to occur earlier and/or later than as otherwise provided
in this subsection based upon a finding that 1) there are no reasonable
alternatives. ami 2) there are no prior code violation adjudications or fines and
no pending construction noise violation cases against the property owner,
contractor, or the construction site. and 3) .J:bj!!Sl.j~.j_~i,an!!l~~ ~~~Il)l!!!!tL------
need. public purpose or benefi~mTh~_~~!..~__~~~!~~~J~y..!J:t.~__9ty__Il)~_~g~.r_~
may be conditioned upon reasonable notice to surrounding property owners ....
and tenants. Permits issued pursuant to such authorization shall not exceed .'...
seven consecutive days. Ne eeftstrnetieft skall be BeFmittee eft Sufttia'/S er eft
ftatieftal heliEiavs ift the zeftiftg eisa-iets set feftk ill this sttbseetiell.
ftEwwidtstefteiftg eellll'lienee ",vidt Seetieft 46 152.
b. Between the hours of 8:00 a.m. and 6:00 p.m. on weekdays and 10:00 a,m.
and 4:00 p.m. on Saturdays in areas zoned as RM-I, RM-2, RM-3, RM-PRD,
RPS-I, RPS-2, RPS-3, RPS-4, RMPS-I, RS-l, RS-2, RS-3, RS-4, TH and in
any exclusively residential zoning district not otherwise specified in this
subsection and within three hundred feet of any of these zoning districts, Ne
eeft9k1:letieft shall be l'el'fflittee eft SWl.Ilays er 6ft ftatiallal haliElays ift Yie
ll!eftm2: Elisa-iets set faRh ill dtis sybseetiall sr 71iYiift 399 feet thereof. On
Sundays and national holidavs. construction shall not be permitted before
10:00 a.m. or after 4:00 p.m. and construction noise shall not be permitted
between 10:00 a.m. and 4:00 p.m. in the zoning districts set forth in this
subsection or within 300 feet thereof. However, the City manager may
authorize any necessary construction activities to occur earlier and/or later
3
Deleted: all oennitted construction
davs and hours are alreadv bem, fully
utilized in accordance with indutrv
standards and oractiCl! and/or in
recoanition of
Deleted: .. mcludil1ll bul nollim;led 10
traffic flows for which a particular
seauencin, of consbuction is necessitated
than as otherwise provided in this subsection based upon a finding that 1)
there are no reasonable alternatives.....aR4 2) there are no prior code violation
adjudications or fines and no pending construction noise violation cases
against the property owner, contractor, or construction site. and 3. t!!~~~_ i~_~_____...
significant community need. public pur.pose or benefit,__Th~_~~r~_~~~~~~~~~_,
by the City manager may be conditioned upon reasonable notice to "'"
surrounding property owners and tenants. Penn its issued pursuant to such ....
authorization shall not exceed three consecutive days. Ne seBstftletien shall
he "eMitted en 8uRdays sr eR Rationel helidays ia the iIleaiRg distriets set
feRR ia this 9tlhseetieR, aetwitltstaftding eefRl'li8Ree with seedeR 46 152.
DeIet8d: ) all oennitted construction
days and hours are lIIrea<ly heinl Mly
utilized in accordance with indusbv
standudll and nrrt~tice and/nr in
r~opition of
Deleted: s, includino but not limited to
traffic flows a particular seollencina. of
construction is n.ecessitated
c. The issuance of a temporary penn it is a privilege and does not constitute a
. right or expectation that said pennit will remain in effect. Any pennits issued
pursuant to (2)a-b, shall not constitute or be deemed precedent for the granting
of any future penn its.
d. Notwithstanding the provisions of (2)a-b. temporary penn its shall be subiect
to authorization by the building officiat~l)_d~~ ~mergencx__cir~u_~~_~C$(~ Qr........-
when the ~l,IJJ~!~g_SJffi~i_~~_~~~.i.Jl~_!!I~ (!;l!"_~~Jl~_~.t~_~!!!~I_ neces_~!ty..__,..._.'
work earlier or later than the time frames specified in (2)a-b or on anv dav .:.::.--
(includin~ Sundavs or national holidays) is require~ . The work _a!Jt~_~!'J~~~_ b~ _ "'.
the building official pursuant to this subsection .,J!IIJ. b~ _~~~~J~i~~~~_J~P~I)__ --"'-.
reasonable notice to surrounding property owners and tenants. ..,.,.....
Deleted: .,
Deleted: Florida
Deleted: Code
Deleted: requires
Deleted: . temporary pennilS sban be
subject 10 authorization by the building
official.
Deleted: 1111)!
ill Special events andfilm and print permits. A film pennit issued pursuant to section
12-1, or a special event penn it issued pursuant to section 12-5 may be exempted
from the requirements of section 46-152 upon specific compliance with sections
12-1(9) or 12-5(8), as applicable.
(b) Violation of Temporary Pennit
Failure to comply with any condition of a temporary penn it issued pursuant to this
section shall constitute a violation and shall result in enforcement procedures and
penalties as set forth in sections 46-159 and 46- 1 60.
~ Revocation ofTemporarv Penn its
Any temporary pennit mQY be immediately revoked pursuant to the procedures set forth
in sections 102-383 and 102-385 if the City Manager fmds that an emergency condition
exists involving serious danger to the public health. safety. or welfare: if the pennit
holder faill,'ld to disclose or misrepresented material infonnation in the permit lUlplication
4
or in the permit application process: or that there was a failure to comply with any
condition of a Darticular temporary permit.
SECTION 1, That Section 46-158 of Article IV of Chapter 46 of the Miami Beach City Code is
hereby amended as follows:
Sec. 46-158. Enforcement by code inspectors; notice of violation; warnings.
(a) Notice of Violation. If the code inspector observes a violation of this article, the
inspector shall issue a notice of violation to the violator, and a courtesy copy of the
violation shall be provided to the occupational license holder, except as otherwise
provided in subsection (b), and inform the violator that he must immediately cease the
violation and that the vislatsr will ae sliBjeet te peaslties if1he vielatiea eeBtiRlies aad
that a Retiee sf vislatiea will be iSSlie8 te the vielater as pFe'/ided in Chapter 3(1 ef this
Gede. The notice shall iRferm the ..ialater efthe include the following information:
(I) Name of the violator.
(2) Date and time of violation.
(3) Nature of the violation.
(4) Amount of fine or other penalty for which the violator may be liable
pursuant to section 46-159 ofthis Code or as otherwise provided by law.
(5) Instructions and due date for paying the fine,
(6) Notice that the violation may be appealed by filing a written request for an
administrative hearing with the clerk. of the special master within ten days
after service of the notice of violation, that failure to do so shall constitute
an admission of the violation and waiver of the right to a hearing, and that
unpaid fines will result in the imposition of liens which may be foreclosed
by the city.
The notice shall also inform the violator that repeat violations of this article will result in
the imposition of larger fines and may also result in revocation, suspension, or the
imposition of restrictions on an occupational license, and/or certificate of use, or
accessory use, and/or injunctive proceedings as provided by law. The notice shall be
signed by the code inspector who witnessed the violation.
(b) Warnings.
(I) Oral Warnings
5
If a code inspector observes a violation of this article without a complaint having been
made, the inspector may first issue one oral courtesy warning per day and infonn the
violator that the violator will be subject to penalties if the violation continues.
(2) Written Warnings
A code inspector shall first issue a written warning to immediately cease the violation
prior to issuing a notice of violation.;. if B8 mere tltaR
!l unless three written warnings have been issued in the 12 months
preceding the date of violation and the violation occurs in any zoning
district exceot a single familv zoning district: or
b) unless one written warning has been issued in the 12 months preceding
the date of violation and the violation occurs in a sinele family zoning
district.
The written warning shall be substantially in the same fonn as the notice of violation as
stated in section 46-158 (a) above. Failure to correct the violation within fifteen minutes
following the issuance of a written or oral warning;- shall result in the issuance of a notice
of violation pursuant to this Article.
A ~ode linspector shall not issue a written warning, and instead shall issue a notice of
violation, to any person, entity or establishment who: I) in anyone day has already been
issued a written warning as specified in 46-158 or 2) in any 12 month period has
exceeded eHy-ef the !bIti warning limits specified in 46-158(b)a.) or 3) is also being
cited for an iIIel:al commercial or non-pennitted non-residential use in a residential
zoning district.
(c) Owner's Responsibility to Provide Current Address.
The holder of the occupational license for the premises where a violation or warning is
issued shall have the responsibility to keep the ~ity advised of the current address of the
owner of the premises.
SECTION 4. That Section 46-159 of Article IV of Chapter 46 of the Miami Beach City Code is
hereby amended as follows:
Sec.46-159. Fines and penalties for violation; appeals; alternate means of enforcement.
(a) Fines and penalties. The following civil fines and penalties shall be imposed for
violations of this chapter:
(I) If the offense is the first offense, $250,00 fine.
6
(2) If the offense is the second offense within the preceding 18 months,
$1,000.00 fine.
(3) If the offense is the third offense within the preceding 18 months,
$2,000.00 fine.
(4) If the offense is the fourth offense within the preceding 18 months, one
weekend (noon Friday through noon Monday) occupational license
conditions and/or accessory use restrictions shall be imposed limiting the
ability to produce any live or amplified sound at that portion of the
premises that caused the violation, in addition to a $3,000.00 fine.
(5) If the offense is the fifth offense within the preceding 18 months, two
weekend (noon Friday through noon Monday) occupational license
conditions and/or accessory use restrictions shall be imposed limiting the
ability to produce any live or amplified sound at that portion of the
premises that caused the violation, in addition to a $5,000.00 fine.
(6) If the offense is the sixth or greater offense within the preceding 18
months, it shall be considered an habitual offender offense with penalties
and fines imposed pursuant to Section 46-1 59(h).
(7) The first time an offense is committed while the violator was also en&aged
in an illegal commercial or non-permitted. non-residential use in. a
residential zoning district. $1.000.00. notwithstanding the fine provision in
(I) above.
(8) The second or any subsequent time an offense is committed while the
violator was also engaged in an illegal commercial or non-permitted. non-
residential use in a residential zoning district. $5.000.00. notwithstanding
the fine provisions in (2)-(4) above.
. . .
SECTION S. 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 a 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 6. REPEALER
7
All ordinances or parts of ordinances in conflict herewith be and the same are hereby
repealed.
SECTION 7. SEVERABILITY
If any section, subsection, clause or provision of this Ordinance is held invalid, the
remainder shall not be affected by such invalidity.
SECTION 8. EFFECTIVE DATE
PASSED and ADOPTED this _ day of
,2006.
This Ordinance shall take effect on the _ day of
,2006.
ATTEST:
MAYOR
CITY CLERK
F:\allolTURN\ORDIN ANCINoiseOrd . Con.tructlon Noise lI.doc(lnd amendod).doc
8
C9 MIAMIBEACH N~g:g::L~~=NG
NOTICE 18 HEREBY given that public hearings will be held by the Mayor and City Commission of the City of Miami Beach, Florida, in the
Commission Chambers,~rd floor, City Hall, 1700 Convention Center Drive, Miami Beach, Florida, on Wednesday, July 12, 2008, to
consider the following:
:a.m.
1-... .Jrdlnance Amending The Code Of The City Of Miami Beach, By Amending Chapter 118, "Administration And Review Procedures,"
. Article IV, "Conditional Use Procedure," By Creating Review Guidelines For New Structures 50,000 Square Feet And Over.
Inquiries may be directed to the Planning Department at (305) 673-7550.
10:40 a.m.
An Ordinance Amending Ordinance No.789, The Classified Employees Salary Ordinance Of The City Of Miami Beach, Florida, Providing
F9r The Classifications 1n Group V, Being Those Classifications Covered By The Government Supervisors AssC?clatlon Of Florida, Opleu
Local 100, (GSAF), In Accordance With The Negotiated Agreement; Retroactively Effective In The First Pay Penod Ending In October Of
2003, There Shall Be An Across The Board Wage Increase Of One Half Percent (.5%), And The Minimum And Maximum Of Each Pay
Range Will Also Be Increased By One Half Percent (.5%); Retroactively Effective With The First Pay Period Ending In October Of 2004,
There Shall Be An Across The Board Wage Increase Of One Half Percent (.5%), And The Minimum And The Maximum Of Each Pay Range
Will Also Be Increased By One Half Percent (.5%); Retroactively Effective In The First Pay Period Ending In October 2005, There Shall Be
An Across The Board Wage Increase Of One Percent (1 %), And The Minimum And Maximum Of Each Pay Range Will Also Be Increased
By One Percent (1 %); Amending The Minimum And Maximum Of The Pay Ranges To Reflect The Present Classification And Pay System
Applicable To The Unclaulfled Classifications; Repealing All Ordinances In Conflict.
Inquiries may be directed to the Human Resources Department at (305) 673-7520.
)<10:46 ..m. .
I An Ordinance Amending Chapter 46 Of The City Code, Entitled "Environment," By Amending Article IV, Entitled "Noise," By Amending
Seetlon 46-156, Entitled "Temporary Permits,. By Amending The Procedures And Requirements For Construction Activities And Providing
Exceptions Thereto, Prohibiting Construction Noise On Sundays And National Hollda~ In All Non-Residential Zoning Districts, Except
Under Certain Circumstances And As Authorized By The Building Official, Prohibiting Construction Noise In Residential Zoning Districts
Before 10:00 A.M. And After 4:00 P.M. On Sundays And National Holidays And Prohibiting Construction Noise Between 10:00 A.M. And
4:00 P.M. On Sundays And National HOlidays. Providing Provisions For The Revocation Of Temporary Permits, And Providing Subheading
Titles To Be Entitled (A) "Requirements And Procedures," (B) "Violation Of Temporary Permits" And (C) "Revocation Of Temporary
Permlts;"Amendlng Section 46-158, Entitled "Enforcement By Code Inspectors; Notice Of Violation, Warnings. By Amending Subsection
(A) To Clarify The Notice Of Violation Provisions, Amending Subsection (8)(2) To Provide Clarification As To The Number Of Written
Warnings In All Zoning Districts Except Single Family Zoning Districts; Providing For One WrItten Warning In Single Family Zoning Districts
Prior To A Notice Of Violation And Providing That A Vlolatron, Instead Of A Written Warning, Shall Be Issued If A Violator Is Also Being
Cited For An Illegal Commercial Or Non-Permitted, Non-Residential Use In A Residential Zoning District; Amending Section 46-159
Entitled "Fines And Penalties For Violation; Appeals; Alternate Means Of Enforcement, "By Providing Fines And Pel1altles For Any Offense
Which Was Committed While The Violator Was Also Engaged In An Illegal Commercial Or Non-Permitted, Non.Resldential Use In A
Residential Zoning District.
Inquiries may be directed to the City Manager's Office at (305) 673-7010.
2:00 p.m.
An Ordinance Amending Chapter 118, Of The City Code Entitled, "Administration And Review Procedures," By Amending Division 2,
"r 11ng eoard,"Sectlon 118-51, "Powers And Duties," By Including Criteria For The Review Of The Sale, Exchange, Conveyance Or
L . Of Ten Years Or Longer Of Such City Property, As Provided In City Charter, Section 1.03(B)3.
Inquiries may be directed to the Planning Department at (305) 673-7550.
2:10 p.m.
An Ordinance Amending The Land Development Regulations Of The City Code, By Amending Chapter 142, "Zoning Districts And
Regulations" Article II, "District Regulations' Division 18, "PS Performance Standard District," Amending Section 142-696 "Residential
Performance Standard Area Requirements," By Amending The Maximum Building Height In The R-PS4 Zoning District: Amending Section
142-697 "Setback Requirements In The R-PS1, 2, 3, 41>lstricts," To Provide For Additions To Follow The Existing Building Une And
Modifying The Tower Setbacks.
Inquiries may be directed to the Planning Department at (305) 673-7550.
2:20 p.m.
An Ordinance Amending The Land Development Regulations Of The Code Of The City Of Miami Beach, By Amending Chapter 118,
"Administration And Review Procedures,"Article IX, "Nonconformances," Section 118-395 To Add New Subsections For Nonconforming
Gasoline Service Stations.
Inquiries may be directed to the Planning Department at (305) 673-7550.
INTERESTED PARTIES are invited to appear at this meeting, or be represented by an agent, or to express their views in writing addressed
to the City Commission, clo the City Clerk, 1700 Convention Center Drive, 1st Floor, City Hall, Miami Beach, Florida 33139. Copies of
these ordinances are available for publiC inspection during normal business hours in the City Clerk's Office, 1700 Convention Center Drive,
1st Floor, City Hall, and Miami Beach, Florida 33139. This meating may be continued and under such circumstances additional legal
notice would not be provided.
Robert E. Parcher, City Clerk
City of Miami Beach
Pursuant to Section 286.0105, Fla. Stat., the City hereby advises the public that: if a person decides to appaat any decision made by the
, City Commission with respect to any matter considered at Its meeting or its hearing, such person must ensure that a verbatim record of
the proceedings Is made, which record includes the testimony and evidence upon which the appeal Is to be based. This notice does not
constitute consent by the City for the Introduction or admission of otherwise inadmissible or irrelevant evidence, nor does it authorize
challenges or appeals not otherwise allowed by law. . .
To request this material in accessible format, sign language Interpreters, information on access for persons with disabilities, and/or any
accommodation to ~evlew a~y document or participate In any city-sponsored proceedin9, please contact (305) 604-2489 (voice),
(305)673-7218(TTY) fIve days In advance to Initiate your request. lTY users may also call 711 (Florida Relay Service).
Ad 11378
2'1
~
lG
~
~
~.
z
ril
i
=
I
~
E
o
v
"Ci
'I
E
.!!l
:E
CD
::E
HARMLESS/INDEMNIFICATION AGREEMENT BETWEEN MAGNUM
CONSTRUCTION MANAGEMENT CORPORATION D/B/A MCM CORP. AND THE
CITY OF MIAMI BEACH. FLORIDA
This Agreement (the "Agreement") is made as of May 3, 2007, by and between the City
of Miami Beach, Florida (CMB), a municipal corporation having its principal offices at 1700
Convention Center Drive, Miami Beach, Florida, 33139, and Magnum Construction Management
Corp., d/b/a MCM Corp. (MCM), a Florida corporation whose principal address is 6201 SW 70th
Street, Miami, Florida, 33143.
RECITALS:
WHEREAS, both MCM and A2 Group, Inc. (A2) submitted bids to CMB to perform the
work called for in City of Miami Beach Invitation to Bid No. 26-06/07 for Construction
Improvements for the City Miami Beach South Pointe Park (the ITB) for the redevelopment of
the South Pointe Park (the Project); and
WHEREAS, at its regular meeting on March 14, 2007, after due deliberation, and
following presentations from both MCM and A2, the City of Miami Beach Commission
determined that MCM, as the lower bidder by $765,000, offered the City the lowest and best
value option, and adopted a motion authorizing the City Administration to enter into negotiations
with MCM, as the lowest and best bidder and, if successful in said negotiations, further
authorized the Mayor and City Clerk to execute a contract with MCM for the Project, pursuant to
the ITB; and
WHEREAS, subsequent to the City Commission's action, as set forth above, A2
commenced an action to enjoin the CMB from awarding the contract to MCM, in the action
styled A2 vs. City of Miami Beach, Case No. 07-10642 CA 20, Circuit Court, 11 th Circuit, Miami-
Dade County, Florida (the A2 Lawsuit); and
WHEREAS, the Circuit Court denied A2,s Emergency Motion for Temporary
Injunction, after a duly notice hearing on April 23, 2007, at which CMB, A2 and MCM all
appeared with counsel; and
WHEREAS, A2 has filed a Notice of Appeal of Non-Final Appeal from the decision of
the Circuit Court denying A2,s Motion for Temporary Injunction; and
WHEREAS, CMB and MCM have completed negotiations with regard to the Contract
between CMB & MCM for the Project (hereinafter, the Project Contract), and are ready, willing,
and able to execute the Project Contract, so long as MCM indemnifies and holds the CMB
harmless for any and all damages that could result in the event that a final non-appealable order in
the above-styled lawsuit, or any other judicial determination, is issued requiring CMB to
terminate the contract with MCM; and
WHEREAS, in light of A2,s pending litigation against CMB, both CMB and MCM
desire to reduce the foreseeable damages that would result in the event the execution of the
Project Contract is further delayed.
NOW THEREFORE, CMB and MCM agree as follows:
SECTION 1. The above recitals are true and correct and are incorporated as part of this
Agreement as if fully set forth in this Section.
SECTION 2. INDEMNIFICATION/HOLD HARMLESS.
In consideration of CMB's agreement to proceed with the Project with MCM and, to that end,
execute the Project Contract, and other good and valuable consideration, MCM hereby agrees that
if CMB is required by the entry of a final non-appealable order, or other judicial determination in
any suit, action, or legal proceeding in the State or federal courts in Miami-Dade County, Florida,
filed by A2 (including, without limitation the A2 Lawsuit), to terminate the Project Contract, that
then, and in that event, MCM shall defend, indemnify and hold harmless CMB from, against, and
with respect to any damages, causes of action, costs, losses, debts, liabilities, judgments, claims,
obligations, attorneys fees (including those for appeals or post judgments proceedings, if any), or
other matters arising out of, or relating directly or indirectly to, any such judicial determination
which would require CMB to terminate the Project Contract (the "Indemnified Matters").
SECTION 3. RELEASE AND WAIVER.
In consideration of CMB's agreement to proceed with the Project with MCM and, to that end,
execute the Project Contract, and other good and valuable consideration, MCM hereby releases,
remises, acquits, satisfies, and forever discharges CMB of and from any and all rights, claims,
controversies, investigations, demands, damages, judgments, executions, actions, suits and causes
of action of any nature whatsoever, whether known or unknown, direct or indirect, including but
not limited to claims for decision, specific performance, tort, breach of contract, breach of
fiduciary duty, negligence, which may now or in the future be asserted or alleged by MCM
against CMB, arising out of, or relating directly or indirectly to the Indemnified Matters, and
MCM further hereby agrees that it will forever refrain and resist from commencing, instituting or
prosecuting any lawsuit, action or other proceeding of any kind whatsoever, by way of action,
defense, setoff, cross complaint, counter-claim or third party action, against CMB based on,
relating to, arising out of, or in connection with the Indemnified Matters.
SECTION 4.
Notwithstanding anything herein to the contrary, MCM does not waive any of its rights to argue
in defense of and against A2,s claims, and that A2 is not the lowest and best value option on all
grounds previously set forth in MCM's various protests and communications to CMB during the
course of the ITB. It is expressly understood and agreed that A2 is not a beneficiary of this
Agreement and this Agreement does not bestow any rights upon A2.
SECTION 5. SEVERABILITY.
If any provision of this Agreement shall be prohibited by or invalid under applicable law, such
provision shall be in effective only to the extent of such prohibition or invalidity without
2
invalidating the remainder of such provision or the remaining provisions of this Agreement.
SECTION 6. VENUE AND WAIVER OF JURY TRIAL.
This Agreement shall be governed by, and construed in accordance with, the laws of the State of
Florida, both substantive and remedial, without regard to principles of conflict of laws. The
exclusive venue for any litigation arising out of this Agreement shall be Miami-Dade County,
Florida, if in State court, and the U.S. District Court, Southern District of Florida, if in federal
court. BY ENTERING INTO THIS AGREEMENT, CMB AND MCM EXPRESSLY WAIVE
ANY RIGHTS EITHER PARTY MAY HAVE TO A TRIAL BY JURY OF ANY CIVIL
LITIGATION RELATED TO, OR ARISING OUT OF, THIS AGREEMENT.
SECTION 7.
This Agreement shall be binding upon MCM and the City, and their respective affiliates, officers,
directors, partners, employees, agents, legal representative, successors, and assigns. Whenever
the terms "CMB", "MCM", and "A2" are used in this Agreement, said term(s) shall be deemed to
include the aforestated's respective affiliates, officers, directors, partners, employees, agents,
legal representatives, successors, and assigns.
SECTION 8.
This Agreement represents the final Agreement of the parties hereto regarding the subject matter
hereof and supersedes any other oral or written representations or agreements between the parties
hereto relating to the subject matter hereof. No amendment, modification, termination or claimed
waiver of any of the provisions hereof shall be valid unless in writing and signed by the party or
an authorized representative of the party against whom such modification is sought to be
enforced.
SECTION 9. SURVIVAL.
This Agreement shall survive the full and final disposition of any action and/or lawsuit as
contemplated herein, and shall, additionally, survive termination and/or expiration of the Project
Contract.
3
IN WITNESS WHEREOF, the parties hereto have executed this Indemnification Hold
Harmless Agreement as of the date first written above.
MAGNUM CONSTRUCTION MANAGEMENT CORPORATION
D/B/A MCM CORP.
t1UNlLLA
Print Name
STATE OF FLORIDA )
) SS:
COUNTY OF MIAMI-DADE )
The foregoing instrument was ackn~wedged before me this 3rd day of May,
2007, by ~jl\ Clr\ Mu ",1\ lCl , as P:r~Sident, of MCM Corp., a Florida
corporation. He is personally known to me or produced valid Florida driver's licenses as
identification.
$"$-:r.~f~~ MIRIAM M. MERINO
~~ "AJ*j MY COMMISSION' DO 263315
~i"~~ EXPIRES: November 15, 2007
',,,r,,IlI" llonded Thru Notary Public UndelWrlters
.J4N'
Name:
(Print Name)
Notary Public - State of Florida
My Commission Expires:
4
ATIEST:
~o Pw-L
CITY OF MIAMI BEACH,
FLORIDA, a municipal corporation of
the State of Florida
By:
By:
Robert Parcher, City Clerk
fO(?f1lT r AYLfJ/1dYl-
Print Name
STATE OF FLORIDA )
) SS:
COUNTY OF MIAMI-DADE )
The foregoing instrument was acknowledged before me this 3rd day of May,
2007, by Jorge M. Gonzalez, as City Manager, of the City of Miami Beach, Florida, a municipal
corporation of the State of Florida, on behalf of such municipal corporation. He is personally
known to me or produced valid Florida driver's licenses as identification.
MIRIAM M, MERINO
MY COMMISSION II DO 263315
EXPIRES: November 15, 2007
Bonded Thru Notary Public Underwriters
Name:
(Print Name)
Notary Public - State of Florida
My Commission Expires:
5
CITY OF MIAMI BEACH
PRE-BID CONFERENCE
SIGN-IN SHEET
DATE: February 6, 2007
RFP NO: ITB-26-06/07
TITLE: INVITATION TO BID
FOR SOUTH POINTE PARK IMPROVEMENTS
NAME COMPANY - NAME
(PLEASE PRINT) (PLEASE PRINT) E-MAIL PHONE# FAX#
PAuL CN.-rt ~~~ COK~1lZ&'(("'11cA.1 Co . ~~Pcm~ CfS'f - 1en ~O~(O q rq - 7'f1- 6'330
-U1
~4J~.L1,~ ~- rvJ.) J1 J:(X;A! C~ Idf)'"}. ~,f) "~X~{'- ~.. A ~jf1'/dJ/..l Or'p",
-.. ---' , i9 7.~;jgo
,,- -" AA i4'1t1iYtJ
l:,'()A ~tt VIC2.7LC" (C1J\)~\ . I\/nda (to Plt+!<<:VY\WO 1\(, COM \Lr~Lu
q~4/q7, 04(d I q -J lp.~!JJ
"O8~~ 'MMl~(l ~ ~l)"Cb ~ 3D~
~ i ( -37 r )
fYff6 h q71--lO~22.
'~~~ A 2- 0,(() () f. { (l'J ~ea.~ (o.{ C&' ~~ ,?oC:
rtkB'
I~~iu; (p h~ r ffi3~ q<f5 </
('\~t\.,\ \uv~ t < o~ HS ~c.. c..i)~~,\ (~ll<.. hoC.~ ~ S~~ - c.~. (,)~ 1o} . ~'\'\..'<\~1~
( 16'1. ~~\.'\ ,,,~
Af.,MM-r9iJ p~ t'-^ eM e.o1lf, tA..fJLi tj @.)tI((,..,(O~p. 30$ ,740"101'1 30S - S f/'-~6
u.7t'1
/i \ \
:)'2or:ttie-
~
~Hor;dw
~1Q'f-~o ~B9'~
~ f"D~ c... r~ +-10..-: clo-., Com cr5'f- ,i
fIIIl-4077
-oqa'
CITY OF MIAMI BEACH
PRE-BID CONFERENCE
SIGN-IN SHEET
DATE: February 6, 2007
RFP NO: ITB-26-06/07
mlE: INVITATION TO BID
FOR SOUTH POINTE PARK IMPROVEMENTS
NAME
(PLEASE PRINT)
A/{s.,J
e.c 0 (c e..-
.
W
D7A-~
J . lt~ G.!1tIr
COMPANY - NAME
(PLEASE PRINT)
A-m~'c4,J U
& flAq j:IiJc
~-
OM
.
C,Mb - C/p
NVI/LY ~I)^"I to(..t..~ vtJ\~ - c..,t P
JtlJ1?/~ ;t1t7/1y1?
~Vb
l/of67/
nJ~~
'~WV
, I ~
'" j rltt
E-MAIL PHONE# FAX#
alIeN@. fJlfiN~- Ijsrf-'WP
(4,ne,tt'c,evJ("WFfJ'"{, c.U'i.N-fJ?/- 73 'Z-- z-
C-brn I" f
ilt'iiit~/~ 5ff"-G1~
1/JdJJJI~"? HC,r,
MIW1b""ItfIO.r"'" ~,v7S'1"1' 'C"'7r 107J
",.,,,.,'Ht,I, -I- sw. i '1-1 It;
"'1oIt"(l~Q) 305". ~ 1 ~.1 'II
rv'\~""I~ R- .'j~ 'k> S' ~ 1 "5. "lo1.:s
~ Uz.-- Z/z..
>311f15 >37 '1Q7L
t?;O~ :,o~ (
M~-7'fqO 01~- ~C;
IkrGj~f/e) 1115 o61~fs JJrJtiJ';J1 @
h tt.~Y'ikJ.. c/M
(!,JA {?, pyU?CtJ~
r
{ ( ?o,
(p1]-7({'f0
~ ~'I~h'1~O;~1 W6-&2f
~ ~~tlW\ GJ~ ~ D tf5
31)~
61'" lerl
2f)~-& 3
q 0'7 3 .
f{
mMIA.MIBEACH
,..,.
City of Miami Beach, 1700 Convention Cenler Drive, Miami BerJch, Florida 33139, www.miamibeachfl.gov
PROCUREMENT Division
Tel: 305.673.7490, Fax: 305.673.7851
INVITATION TO BID (ITB) NO. 26-06/07
ADDENDUM NO.3
February 14, 2007
FOR CONSTRUCTION IMPROVEMENTS FOR THE CITY OF MIAMI BEACH SOUTH POINTE
PARK (SOUTH BEACH) is amended as follows:
I. Notice is hereby given that the February 20, 2007 bid opening date is subject to
change due to the following:
MCM Corp., a prospective bidder on the instant bid, and a prior bidder on the City's
original Invitation to Bid No. 09-06/07, has filed suit against the City of Miami Beach
seeking permanent and temporary relief, preventing the City from opening the bids on
February 20,2007, and preventing the City from awarding the subject contract to any
party other than MCM.
A hearing in MCM's request for temporary injunction has been set for this Fridav.
February 16. 2007 at 10:30am before Judge MICHAEL GENDEN in his Chambers at the
Dade-Countv Courthouse 73 West Flagler Street Room 1202. Miami. Florida 33130 or
as soon as thereafter as counsel can be heard.
Depending upon the outcome of this Emergency Hearing, the February 20, 2007 bid
opening date may change. We will notify you via Addendum and e-mail on Friday
afternoon of the Court's order, and its impact, if any, on the scheduled bid opening
date.
Inasmuch as this change does not materially affect the ITB document, bidders are not required to
acknowledge this addendum to be deemed responsive.
CITY OF MIAMI BEACH
.~.
....................................................................................
. ......
. - -. .
Gus Lopez, CPPO
Procurement Director
rm
F:IPU RCI$ALL \RomanlbidsI071ITS.2S-0S-07Iitb-2S.0S.07 A3.doc
\lVe are committed jr:) providing exceilent public service and sofel}' to oil who live, work.. and ploy' m our vihiont.. tropical, his;oric commundy.
m
....
MIA.MIBEACH
City of Miami Beach, 1700 Convention Center Drive, Miami BerJch, Florida 33139, www.miamibeachfl.gov
PROCUREMENT Division
Tel: 305-673-7490, Fax: 305-673-7851
INVITATION TO BID (ITB) NO. 26-06/07
ADDENDUM NO.4
February 16, 2007
FOR CONSTRUCTION IMPROVEMENTS FOR THE CITY OF MIAMI BEACH SOUTH POINTE
PARK (SOUTH BEACH) is amended as follows:
Pursuant to Addendum No.3, this is to notify all interested bidders that on this date, Judge
Michael Genden entered an order enjoining the scheduled Feb 20 bid opening date, pending
an evidentiary hearing on plaintiffs request to be awarded a contract for this project. You
will be notified subsequent to the hearing of the status of the bid opening date.
Inasmuch as this change does not materially affect the ITB document, bidders are not required to
acknowledge this addendum to be deemed responsive.
CITY OF MIAMI BEACH
Gus Lopez, CPPO
Procurement Director
rm
F:IPU RCI$ALL \Roman\bids\07\1TB-2S-0S.07\itb-2S-0S-07 A4.doc
\/Ve ore committed to providing exceilent public .service and safe!}' to ail who live, wlJrk.. and ploy In our vibrant.. troplco!, historic communl~/.
1If/1ttt,.
I ~
....
MIA.MIBEACH
City of Miami Beach, 1700 Convention Center Drive, Miami BerJch, Florida 33139, www.miamibeachR.gov
PROCUREMENT Division
Tel: 305.673.7490, Fax: 305.673.7851
INVITATION TO BID (ITB) NO. 26-06/07
ADDENDUM NO.5
February 16,2007
FOR CONSTRUCTION IMPROVEMENTS FOR THE CITY OF MIAMI BEACH SOUTH POINTE
PARK (SOUTH BEACH) is amended as follows:
As clarification to Addendum No.4 issued on this date. be advised that the Court's Order
prohibits the openina of bids on the scheduled February 20. 2007 date -- the Court's Order
does not chanae the bid submission deadline. and therefore consistent with the ITB. bids
must still be submitted UP and until 3:00 P.M. on February 20.2007.
Inasmuch as this change does not materially affect the ITB document, bidders are not required to
acknowledge this addendum to be deemed responsive.
CITY OF MIAMI BEACH
Gus Lopez, CPPO
Procurement Director
rm
F:\PU RC\$ALL \Roman\bids\07\1TB.26-06.07\itb-26-06-07 AS.doc
\/Ve are committed t,') providing exceilent public .servi.-:e and safet}' to aU who live, work.. and ploy In our vibiont, troplco!, historic communt~,t.
IlDMIA.MIBEACH
,...
City of Miami Beach, 1700 Convention Center Drive, Miami BerJch, Florida 33139, www,miamibeochfl.gov
PROCUREMENT Division
Tel: 305.673.7490, Fax: 305.673.7851
INVITATION TO BID (ITB) NO. 26-06/07
ADDENDUM NO.6
February 20, 2007
FOR CONSTRUCTION IMPROVEMENTS FOR THE CITY OF MIAMI BEACH SOUTH POINTE
PARK (SOUTH BEACH) is amended as follows:
I. Attached are answers to questions from prospective bidders:
Q. Does the "TOTAL BID" at the bottom ofthe Bid Breakdown need to match the amount of
the "LUMP SUM BID" on the Bid Form?
A. No, these two amounts do not have to match. The LUMP BID AMOUNT on the bid
form found on page 65 of the bid document shall be all inclusive, and should
include all project costs, including; overhead and profit, insurances, bid bond and
cost for Performance and Payment Bonds. Please note; the bid breakdown form is
for informational purposes only.
Q. We have reviewed the Geotechnical Report prepared by Ardaman & Associates and it
does not make mention of any need dewatering for a project in such close proximity to
the ocean. Please advise if there is no anticipation of a need for dewatering operations
for this project?
A. Please refer to Amendment No.1 pg. 261 (previous Amendment NO.1 0).
Q. Please advise approximately what date the area of the site West of Washington will be
made available for construction of the park?
A. Approximately by May 2007.
Q. Please provide the overall size of the project sign shown in Exhibit C of Addendum #1?
A. The overall size is 4 ft. x 8 ft. The sign requires a 2 color process. The City
prepares the language and graphics to be sent to the printer.
Q. Exhibit 0 in Addendum 1 indicates all existing structures to be demolished by the City.
Please confirm that all slabs, foundations and below ground utilities will be removed as
part ofthe N.I.C. demolition.
A. Yes, all slabs, foundations and below ground utilities will be removed as part of
the N.I.C. demolition
\Iv's are commilted ;0 providmg exceilent pubjic service and safety to ail who live, w"rk.. and plo.i/ In our vibiont.. tropIcal, hi.storic commUnI!'l.
Q. Please confirm that the entire park will be closed to the public during the entire
construction duration with the exception of maintaining access to the restaurant?
A. Whether the entire park is closed to the public the entire construction duration
depends on the proposed phasing plan by the Contractor I Bidder. In addition to
maintaining access to the restaurant, pedestrian circulation North to South
(Beach-walk) and West to East (Bay-walk! Cut-walk) is to be maintained until their
improvements are scheduled to occur. Refer to Bid documents pg. 15.
Q. Since Tabby Concrete is a sole source supplier, will the City accept an equivalent shell
impregnated concrete finish?
A. As per the Technical Specifications (Cement Concrete Pavement 02751-10),
"tabby" concrete is a desired finish. Pay close attention to the Bid documents -
Section 00800 General Conditions Subsection (33) Value Engineering and Division
1 - 01340 (Addendum No.1) Shop Drawings, Product Data and Samples for
substitutions and deviations from the Contract Documents.\
Q. Since Tabby Concrete is a sole source supplier, will the City accept an equivalent shell
impregnated concrete finish?
A. As per the Technical Specifications (Cement Concrete Pavement 02751-10),
"tabby" concrete is a desired finish. Pay close attention to the Bid documents -
Section 00800 General Conditions Subsection (33) Value Engineering and Division
1 - 01340 (Addendum No.1) Shop Drawings, Product Data and Samples for
substitutions and deviations from the Contract Documents.
II. Clarification:
Earthwork Clarification - 2.1 BORROW (Amendment No.1) is to include the following:
3. The City has taken delivery of approx. 6,000 cubic yards of beach quality sand,
which is currently being stored near the 46th Street parking lot. The Contractor
shall be responsible for sifting, handling and transporting the material to the site.
Inasmuch as this change does not materially affect the ITS document, bidders are
not required to acknowledge this addendum to be deemed responsive.
CITY OF MIAMI BEACH
4........
M
Gus Lopez, CPPO
Procurement Director
rm
F:\PU RC\$ALL \Roman\bids\07I1TB-26-06-07\itb-26-06-07 A6.doc
VVe ore committed t(~ providing exceilent public service and sefe!}' to 011 who five, work.. and ploy- In our vibiont.. tropical, historic ('ommunl~/.
e'MIAMIBEACH
City of Miami Beech, 1700 Convention Center Drive, Miami Beech. Rorida 33139, www,miamibeachfl_90v
PROCUREMENT Divi$ion
Tel: 305-673.7490, Fax: 305-673-1851
March 2. 2007
INVITATION TO BID (ITS) NO. 26-06/07
ADDENDUM NO.7
FOR CONSTRUCTION IMPROVEMENTS FOR THE CITY OF MIAMI BEACH SOUTH POINTE
PARK (SOUTH BEACH)
This is to notify all bidders that on this date, Judge Michael Genden ordered that the Temporary Injunction
Order entered on February 16, 2007. enjoining the City from opening of bids regarding this Invitation to Bid
(ITB) was set aside and discharged, and the City may therefore proceed with the subject ITB.
Sealed bids received by A2, MCM, and Soares Da Costa, will be opened as follows:
Date:
Time:
Place:
March 5, 2007
3:00 pm.
City of Miami Beach
City Hall -- Procurement Division - 3rd Floor
1700 Convention Center Drive, Miami Beach, Florida
Procurement staff will open bid packages except for the pricing information. After opening of bids,
Procurement staff will commence the review of bids for responsiveness.
Pursuant to Section 119.071(1)(b)1.a, Florida Statutes, the following exemption to the inspection or
copying of public records will be applied:
"Sealed bids or proposals received by an agency pursuant to Invitations to bid or
requests for proposals are exempt from s. 11IJ11.(1) and s. 24(a), Alt. I of the State
Constitution until such time as the agency provides notice of a decision or Intended
decision pursuant to s. 120.57(3)(a) or within 10 days after bid or proposal opening,
whichever Is earlier."
All responsive bids will be distributed to the Technical Review Panel appointed for this ITB. Bidders are
requested that they have their key personnel available for interviews on March 8, 2007. The key personnel
include the following positions: 1) Construction Project Manager; and 2) Construction Superintendent.
CITY OF MIAMI BEACH
L-
Gus Lopez, CPPO J
Procurement Director
F:\PURC\$ALL.\Roman\blds\07\ITB-26-06-G7\Addendum No. 7.doc
We 8/8 oonrrilt9d to providing excel/ent publiC sei\4ce and safely to aN who five, wolk and play in our Wblant. tropical, hiSOric 00IR'IUli1y.
TABLE OF CONTENTS
PAGE
NOTICE FOR BIDS..................... ......... ....................... ....... ........... ......... .......... ........ ....... 6
MINIMUM REQU IREMENT COMPLIANCE .................................................................. 10
NO BID NOTI FICA TION FORM ................................................................................... 12
T -SQUARE PLAN/SPECS ORDER FORM................................................................... 13
00100.
GENERAL INSTRUCTIONS TO BIDDERS ............................................. 14
00200.
DE FIN ITI 0 N S .......................................................................................... 23
00300.
I NSTRUCTIONS TO BIDDERS............................................................... 27
1. Examination of Contract Documents and Site............................... 27
2. Pre-Bid Interpretations.................................................................. 27
3. Submitting Bids ............................................................................. 28
4. Printed Form of Bid....................................................................... 28
5. Bid G u a ra nty ................................................................................. 28
6. Acceptance or Rejection of Bids ...................................................28
7. Determination of Award...... ... ........ ........ .... ... ........ .... ........... ...... .... 29
8. Evaluation..................................................................................... 29
9. Contract Price............................................................................... 29
10. Postponement of Date for Presenting and Opening of Bids ..........29
11. Qualifications of Bidders ............................................................... 29
12. Addenda and Modifications........................................................... 30
13. Prevailing Wage Rates.................................................................. 30
14. Occupational Health and Safety.................................................... 30
15. Environmental Regulations........................................................... 31
16. "Or Equal" Clause......................................................................... 31
17. Protested Solicitation and Award .................................................. 32
18. Financial Stability and Strength ..................................................... 32
19. Equal Benefits Ordinance ............................................................. 32
00305
TECHNICAL REVIEW PANEL SELECTION/SELECTION PROCESS.... 41
00310
BI D SUBM ISSION REQU I REMENTS...................................................... 42
00315
BEST VALUE PROCUREMENT ATTACHMENTS AND FORMS ........... 46
00400.
BID/TENDER FORM...............................,... ................................ ...... ....... 59
00405.
CITY OF MIAMI BEACH LICENSES, PERMITS AND FEES................... 62
BID NO: 26-06/07
DATE: 01/24/07
CITY OF MIAMI BEACH
2
00407.
00408.
0041 O.
00500.
00520.
00530.
00540.
00550.
00600.
00708.
00710.
00720.
00721.
00735.
00800.
TABLE OF CONTENTS
(Continued)
SCHEDULE OF PRICES BID .................................................................. 64
SCHEDULE OF PRICES BID (BID FORM) ............................................. 65
- BID BREAKDOWN. ..... ...... ........ .......... ... ..... ......,...,.......................... .....66
BID GUARANTY FORM
UNCONDITIONAL LETTER OF CREDIT ................................................ 67
SUPPLEMENT TO BID/TENDER FORM
QUESTIONNAIRE ............ ,......... ............ ...... ........................................... 69
SUPPLEMENT TO BID/TENDER FORM
NON-COLLUSION CERTIFiCATE.......................................................... 77
SUPPLEMENT TO BID/TENDER FORM
DRUG FREE WORKPLACE CERTIFICATION .......................................78
SUPPLEMENT TO BID/TENDER FORM
TRENCH SAFETY ACT........ ........................ ...... ........ ............................. 80
RECYCLED CONTENT INFORMATION........ ....... ........... .................. ..... 82
CONTRACT......................................,..........................................,........... 83
FORM CERTIFICATE OF INSURANCE.................................................. 92
FORM OF PERFORMANCE BOND ........................................................ 93
FORM OF PAYMENT BON D................................................................... 96
CERTIFICATE AS TO CORPORATE PRINCIPAL .................................. 99
PERFORMANCE AND PAYMENT GUARANTY FORM
UNCONDITIONAL LETTER OF CREDIT .............................................. 100
GEN ERAL CONDITIONS...................................................................... 102
1. Project Manual............................................................................ 102
2. Intention of City........................................................................... 102
3. Preliminary Matters..................................................................... 103
4. Performance Bond and Payment Bond....................................... 104
5. Qualification of Surety................................................................. 105
6. Indemnification ................................... ......... .........................,...... 107
7. Insurance Requirements .............................................................107
8. Labor and Materials ............................,....................................... 110
9. Royalties and Patents................................................................. 111
10. Weather ................................,..................................................... 111
BID NO: 26-06/07 CITY OF MIAMI BEACH
DATE: 01124/07 3
')
11.
12.
13.
14.
15.
16.
17.
18.
19.
20.
21.
22.
23.
24.
25.
26.
27.
28.
29.
30.
31.
32.
33.
34.
35.
36.
37.
38.
39.
40.
41.
42.
43.
44.
BID NO: 26-06/07
DATE: 01124/07
TABLE OF CONTENTS
(Continued)
Permits, Licenses and Impact Fees ............................................111
Resolution of Disputes ...........,..........................,.........................112
I nspection of Work...................................................................... 113
Superintendence and Supervision.............................................. 113
City's Right to Terminate Contract .............................................. 115
Contractor's Right to Stop Work or
Terminate Contract..................................................................... 116
Assignment ..................,...,................ .......... ........,....................... 116
Rights of Various Interests .......................................................... 117
Differing Site Cond itions.........,.,.....,........................,................... 117
Plans and Working Drawings ......................................................118
Contractor to Check Plans,
Specifications, and Data............................................................. 118
Contractor's Responsibility for
Damages and Accidents.........,.,.....,.........,....,............................ 118
Warranty..................................................................................... 118
Supplementary Drawings ............................................................ 119
Defective Work............................................................................ 119
Taxes.......................................................................................... 120
Subcontracts............................................................................... 120
Separate Contracts...................................,................................. 120
Use of Completed Portions......................................................... 121
Lands for Work.........................,.................................................. 122
Legal Restrictions and Traffic Provisions.................................... 122
Location and Damage to Existing
Facilities, Equipment or Utilities .................................................. 123
Value Engineering.. ........ ...,. .... ,.... ...... ....... ....... ........ ...... " ........... 124
Continuing the Work.................................................................... 124
Changes in the Work or Terms
of Contract Documents. ..... ......... ..... .......,... ........ ......... ..... .......... 124
Field Orders and Supplemental Instructions ............................... 125
Change Orders.........................................,.................................. 125
Value of Change Order Work...................................................... 126
Notification and Claim for Change of
Contract Time or Contract Price.................................................. 131
No Damages for Delay ..................................,................,..........,.131
Excusable Delay; Compensable;
Non-Compensable ..... .., ,. ,................. ,.............. ... ,........ ...... ..,... ... 132ESubstantial Completion............................................................... 133
No Interest................,.................,..........,........,........................... 133
Shop Drawings.. .....,..........,....... .........,.......... ,............................. 134
CITY OF MIAMI BEACH
4
'\
)
00900.
00920.
00922.
00923.
00925.
00926.
00930.
00950.
01000.
02000.
04000.
06000.
BID NO: 26-06/07
DATE: 01/24/07
TABLE OF CONTENTS
(Continued)
45. Assignment.................. .................................................... ....... .....135
46. Safety and Protecti on .................................................................. 136
47. Final Bill of Materials ...................................................................137
48. Payment by City for Tests........................................................... 137
49. Project Sign ................. ........................................................... .....137
50. Hurricane Precautions................................................................. 137
51. Cleaning Up; City's Right to Clean Up......................................... 138
52. Removal of Equipment ..................................,............................. 138
53. Nondiscrimination, Equal Employment Opportunity,
and Americans with Disabilities Act............................................. 138
54. Project Records........................................................................... 139
SUPPLEMENTARY EXHIBITS/SPECIFICATIONS ...............................140
ADDITIONAL ARTiCLES....................................................................... 141
1. Prevailing Wage Rate Ordinance ................................................141
2. Federal Grant Projects ................................................................ 141
STATEMENT OF COMPLIANCE
(PREVAILING WAGE RATE ORDINANCE NO. 83-72) ......................... 142
STATEMENT OF COMPLIANCE
(DAVIS BACON ACT) ............................................................................143
CERTIFICATE OF SUBSTANTIAL COMPLETION................................ 144
FINAL CERTIFICATE OF PAYMENT ...................... ......... ..................... 146
FORM OF FINAL RECEIPT ...................................................................147
DRAWINGS INDEX ............................................................ ........ ..... ......149
ADDENDA AND MODIFICATIONS .................................................. ...... 155
TECHNICAL SPECiFiCATIONS................ ............................................ 156
ACKNOWLEDGEMENT OF ADDENDA ................................................160
SUB-CONTRACTOR LISTING INFORMATION ....................................161
APPENDIX
MCM's Bid Submission Risk Assessment
MCM's Bid Submission Preliminary Project Schedule
MCM's Quality Control Plan
CITY OF MIAMI BEACH
5
1(9 MIAMI BEACH
City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.gov
PROCUREMENT DIVISION
Tel: 305-673-7490, Fox: 305-673-7851
PUBLIC NOTICE
INVITATION TO BID (ITB) 26-06/07
FOR CONSTRUCTION IMPROVEMENTS FOR THE CITY OF MIAMI BEACH SOUTH
POINTE PARK (SOUTH BEACH)
Sealed bids will be received by the City of Miami Beach Procurement Division, 3rd
Floor, 1700 Convention Center Drive, Miami Beach, Florida 33139, until 3:00 p.m. on
the 20th day of February 2007 for Construction Improvements for the City of Miami
Beach South Pointe Park (South Beach).
Scope of Services
Situated at the southern tip of South Beach and surrounded on three sides by a
magnificent expanse of tropical blue water and boundless sky, South Pointe Park is one
of the most unique urban public park locations in the world today. Poised on the
entrance to America's cruise ship capital, the Port of Miami, the park is viewed by
thousands daily from both land and sea. In the spirit of world class design innovation,
the City of Miami Beach is eager to redevelop this 19+ acre marine recreational site as
the nation's premier interactive waterfront park.
The City of Miami Beach prides itself as an international center for innovation. The City
is seeking bidders with exceptional qualifications necessary for the construction and
development of South Pointe Park for its residents and visitors that integrates its
spectacular setting with art, design, pleasurable outdoor recreation, and functional
efficiency in an environmentally sensitive manner.
South Pointe Park consists of site improvements to the approximately 19 acre existing
park bound by the Atlantic Ocean to the east, Government Cut to the South, Biscayne
Bay to the East, and private residential property to the North. These works and
improvements include, but are not limited to:
· Installation of utilities (gas, electric, potable water, sanitary sewer)
· Installation of drainage systems
· Construction of landforms including a 13' high Serpentine shaped landform with
walkway
· Pavilion and storage buildings totally approximately 7,000 square feet. Pavilion
building will have wood deck, metal railings, shade structure and furnishings.
· Concrete retaining walls, terraced seat steps, and staircase.
· Bridges with metal railings at Pavilion building and Serpentine landform
BID NO: 26-06/07
DATE: 01124/07
CITY OF MIAMI BEACH
6
· Shade structures near pavilion building
· A new parking lot
· Walkways throughout the site composed of concrete, concrete pavers, rubber
play surfacing and crushed coquina.
· A new "Cut" walk, 20' wide and elevated 15" with keystone and exposed shell
colored concrete materials. Sloped walkways and stairs occur within Cut Walk.
· Lighting throughout, including custom pylon lights along Cut Walk
· Fountain water feature at Washington Avenue entrance
· Custom play equipment and splash play area near pavilion building
· Furnishings including metal and precast benches, signage, trash receptacles,
beach shower, water fountains, and dog waste bag receptacles.
· Planting including new trees, planting and sod, a one acre native dune planting
area, and transplanted trees
· I rrigation system
· South patio and north entrance improvements at Smith and Wollensky
Restaurant. Restaurant to remain open during the construction period.
· Existing sea wall! rip rap at Government Cut to remain in its current location.
· "Drift" artwork foundations and utility requirements
· Additional alternate- Parking lot revision
· Additional alternate- Right of Way extension
Estimated Construction Budget: $15,000,000. The City reserves the right to provide
for additional funding should the construction estimate be exceeded.
Minimum Requirements: Bidder (Business Entity) must be licensed as a General
Contractor in the state of Florida with a minimum of five (5) years experience as a
General Contractor. Bidder to provide a minimum of three (3) sample projects
completed within the past ten (10) years, with a minimum of five (5) million dollars
in construction cost.
NOTE: The following will be added to the evaluation criteria and along with all other
Best Value criteria, will ensure that the most qualified and best contractor is selected.
ANY BID(S) RECEIVED AFTER 3:00P.M. ON FEBRUARY 20,2007, WILL NOT BE
CONSIDERED AND WILL BE RETURNED TO THE BIDDER UNOPENED. THE
RESPONSIBILITY FOR SUBMITTING THE SUBMITTAL PACKAGE BEFORE THE
STATED TIME AND DATE IS SOLELY AND STRICTLY THE RESPONSIBILITY OF
THE BIDDER. THE CITY IS NOT RESPONSIBLE FOR DELAYS CAUSED BY MAIL,
COURIER SERVICE, INCLUDING U.S. MAIL, OR ANY OTHER OCCURRENCE.
A Pre-Bid Conference is scheduled for 10:00 a.m. on February 6, 2006 at the
following address: City of Miami Beach, City Hall - City Manager's Large
Conference Room, 1700 Convention Center Drive, Miami Beach, Florida.
Attendance (in person or via telephone) to this Pre-Bid submission meeting is
encouraged and recommended as a source of information but is not mandatory.
BID NO: 26-06/07
DATE: 01/24/07
CITY OF MIAMI BEACH
7
)
Bidders interested in participating in the Pre-Bid submission meeting via telephone must
follow these steps:
(1) Dial the TELEPHONE NUMBER: 1-800-915-8704 (Toll-free North America)
(2) Enter the MEETING NUMBER: *2659980* (note that number is preceded and
followed by the star (*) key).
Consultants who are interested in participating via telephone, please send an e-mail to
romanmartinez@miamibeachfl.gov expressing your intent to participate via telephone.
A Bid Guaranty of 5% of the bid amount will be required with the Bid. The
successful bidder will also be required to furnish Performance and Payment
Bonds, each in the amount of one hundred (100%) percent of the Contract
amount.
The City of Miami Beach is using RFP Depot, a central notification system witch
provides bid notification services to interested vendors. RFP Depot allows for vendors to
register online and receive notification of new bids, amendments and awards. Vendors
with Internet access should review the registration options at the following website:
www.rfpdepot.com
If you do not have Internet access, please call the RFP Depot's vendor support group at
801-765-9245.
Plans and specifications are available for this bid and may be ordered through T-
Square Miami, Phone No. (305) 324-1234. The attached order form on page 11 of the
Bid package must be completed and returned to T-Square Miami before prospective
bidders will be able to purchase Plans and Specifications in reference to this bid.
Also, a Compact Disk (CD) having all the plans and specifications in pdf format is
available. Please contact the City's Procurement Division at 305-673-7490 to secure a
CD copy of the plans and specifications of the South Pointe Park Construction
Improvement project. The cost for the CD is $10.00, cash or company check accepted,
no credit cards please.
The City of Miami Beach reserves the right to accept any proposal deemed to be in the
best interest of the City of Miami Beach, or waive any informality in any proposal. The
City of Miami Beach may also reject any and all proposals.
BID NO: 26-06/07
DATE: 01/24/07
CITY OF MIAMI BEACH
8
YOU ARE HEREBY ADVISED THAT THIS REQUEST FOR PROPOSAL IS SUBJECT
TO THE CAMPAIGN CONTRIBUTIONS BY VENDORS ORDINANCE NO. 2003-3389.
YOU ARE HEREBY ADVISED THAT THIS REQUEST FOR PROPOSAL IS SUBJECT
TO THE FOLLOWING ORDINANCES/RESOLUTIONS, WHICH MAY BE FOUND ON
THE CITY OF MIAMI BEACH WEBSITE:
http://www . miamibeachfl.Qov/newcitv/depts/pu rchase/bid intra. asp
. CONE OF SILENCE -- ORDINANCE NO. 2002-3378
. CODE OF BUSINESS ETHICS -- RESOLUTION NO. 2000-23879.
. DEBARMENT PROCEEDINGS -- ORDINANCE NO. 2000-3234.
. PROTEST PROCEDURES -- ORDINANCE NO. 2002-3344.
. LOBBYIST REGISTRATION AND DISCLOSURE OF FEES -- ORDINANCE NO.
2002-3363
. REQUIREMENT FOR CITY CONTRACTORS TO PROVIDE EQUAL BENEFITS
FOR DOMESTIC PARTNERS - ORDINANCE NO. 2005-3494
Sincerely,
~
Gus Lopez, CPPO
Procurement Director
BID NO: 26-06/07
DATE: 01/24/07
CITY OF MIAMI BEACH
9
)tD
~.
MIAMI BEACH
City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www,miamibeachfl.gov
PROCUREMENT DIVISION
Tel: 305-673.7490, Fax: 305-673.7851
MINIMUM REQUIREMENT COMPLIANCE
INVITATION TO BID (ITB) No. 26-06/07 FOR CONSTRUCTION IMPROVEMENTS FOR THE
CITY OF MIAMI BEACH SOUTH POINTE PARK
The City reserves the right to request, from the bidder, clarification or omitted information in reference to
this form. The bidder must submit the documentation within three (3) calendar days upon request from
the City, or the bid shall be deemed non-responsive.
Bidder (Business Entity) Name:
General Contractor's License No.
Name of Sample Project
Client Name:
Client's Phone No.
Client's Fax No.
Project Cost:
Project Completed Date:
Bidder (Business Entity) Name:
General Contractor's License No.
Name of Sample Project
Client Name:
Client's Phone No.
Client's Fax No.
Project Cost:
Project Completed Date:
Bidder (Business Entity) Name:
General Contractor's License No.
Name of Sample Project
Client Name:
Client's Phone No.
Client's Fax No.
Project Cost:
Project Completed Date:
)
BID NO: 26-06/07
DATE: 01124/07
CITY OF MIAMI BEACH
10
Bidder (Business Entity) Name:
General Contractor's License No.
Name of Sample Project
Client Name:
Client's Phone No.
Client's Fax No.
Project Cost:
Project Completed Date:
Bidder (Business Entity) Name:
General Contractor's License No.
Name of Sample.Project
Client Name:
Client's Phone No.
Client's Fax No.
Project Cost:
Project Completed Date:
Bidder (Business Entity) Name:
General Contractor's License No.
Name of Sample Project
Client Name:
Client's Phone No.
Client's Fax No.
Project Cost:
Project Completed Date:
(Attach Additional Pages if additional projects are to be submitted)
BID NO: 26-06/07
DATE: 01/24/07
CITY OF MIAMI BEACH
11
City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.gov
PROCUREMENT DIVISION
Tel: 305-673-7490, Fax: 305-673-7851
Bid No. 26-06/07
INVITATION TO BID (ITB) FOR CONSTRUCTION
IMPROVEMENTS FOR THE CITY OF MIAMI BEACH SOUTH
POINTE PARK (SOUTH BEACH)
NOTICE TO PROSPECTIVE BIDDERS
NO BID
If not submitting a bid at this time, please detach this sheet from the bid documents, complete the
information requested, and return to the address listed above,
NO BID SUBMITTED FOR REASON(S) CHECKED AND/OR INDICATED:
Our company does not handle this type of product/service.
We cannot meet the specifications nor provide an alternate equal product.
Our company is simply not interested in bidding at this time.
Due to prior commitments, I was unable to attend pre-proposal meeting.
OTHER. (Please specify)
We do _ do not _ want to be retained on your mailing list for future bids for this type or
product and/or service,
Signature:
Title:
Company:
Note: Failure to respond, either by submitting a bid or this completed form, may result in your company
being removed from our vendors list.
BID NO: 26-06/07
DATE: 01/24/07
CITY OF MIAMI BEACH
12
C.O.D Order T-SQUARE
ATTN:ED LAMBERT
FAX 305-325-1590
PHONE 305-324-1234 EX. 206
CITY OF MIAMI BEACH
BID # 26-06/07
INVITATION TO BID (ITB) 26-06/07
FOR CONSTRUCTION IMPROVEMENTS FOR THE CITY OF MIAMI BEACH SOUTH
POINTE PARK (SOUTH BEACH)
Authorized by: Roman Martinez Fax: 305-325-1590
Plans (30 x 42) $
Specifications - Part 1 of 2 (8.5 x 11) $
Specifications - Part 2 of 2 (8.5 x 11) $
Liahtina Cut Sheets and Geotechnical Report (8.5 x 11) $
Appendix A - Permit Status Report/ORB Final Orderl
CCCL Final Order and DERM Calculations $
$
*Any other copies or reproductions are additional to this price
Price per 5Q.FT $_ full sizel half size $_per first copy & _ second copy Total
(MINIMUM ORDER FOR FREE DELIVERY $20.00 PER DELIVER)
COMPANY NAME: ORDER BY:
COD T-Square Acct# 613204 Cash:
Bill to:
Visa: Amex: Master:_Other:
Ex. date
Credit Card #
Authorization signature
In the name of:
zip code
Ship TO:
City
State
Phone:
- - Fax:
---
- -
---
Contact name
Title
Received by:
shipped by: UPS #
FEDEX #
Received by:
shipped by: UPS #
FEDEX #
Next day air _ Next day air saver _Ground _Second day air AM _Second air
Three day select Handling charge $
Order received by T-Square: Title:
ANY QUESTION AT T-SQUARE, PLEASE CALL 305-324-1234
AND ASK FOR: Ed lambert or Carmen Davila
or reach Ed Lambert at elambert@t-square.com
= Ext. 206
If you already have an account with T-Square please use your account #
the order.
to place
BID NO: 26-06/07
DATE: 01/24/07
CITY OF MIAMI BEACH
13
00100.
GENERAL INSTRUCTIONS TO BIDDERS:
'j
1. General: The following instructions and those set forth in Section 00300 herein are
given for the purpose of guiding Bidders in properly preparing their bids. Such
instructions have equal force and weight with other portions of the Contract
Documents and strict compliance is required with all the provisions contained in the
instructions. Bidders shall note that various paragraphs within these bid documents
have a [ ] box which may be checked. If the box is checked, the language is made
a part of the bid documents and compliance therewith is required of the Bidder; if the
box is not checked, the language is not made a part of the bid documents.
2. Scope of Work: South Pointe Park consists of site improvements to the
approximately 19 acre existing park grounds. These construction improvements
include, but are not limited to:
· Installation of utilities (gas, electric, potable water, sanitary sewer)
· Installation of drainage systems
· Construction of landforms including a 13' high Serpentine shaped landform with
walkway
· Pavilion and storage buildings totally approximately 7,000 square feet. Pavilion
building will have wood deck, metal railings, shade structure and furnishings.
· Concrete retaining walls, terraced seat steps, and staircase.
· Bridges with metal railings at Pavilion building and Serpentine landform
· Shade structures near pavilion building
· A new parking lot
· Walkways throughout the site composed of concrete, concrete pavers, rubber
play surfacing and crushed coquina.
· A new "Cut" walk, 20' wide and elevated 15" with keystone and exposed shell
colored concrete materials. Sloped walkways and stairs occur within Cut Walk.
· Lighting throughout, including custom pylon lights along Cut Walk
· Fountain water feature at Washington Avenue entrance
· Custom play equipment and splash play area near pavilion building
· Furnishings including metal and precast benches, signage, trash receptacles,
beach shower, water fountains, and dog waste bag receptacles.
· Planting including new trees, planting and sod, a one acre native dune planting
area, and transplanted trees
· Irrigation system
· South patio and north entrance improvements at Smith and Wollensky
Restaurant.
· Coordination of work with City / tenant of existing restaurant required all
throughout the duration of the project.
· Restaurant to be in operation during all phases of construction. It is the City's
intention to minimize any disruption to the restaurant during any of the
construction phases.
· Work in the immediate vicinity of the restaurant such as work in the cut-walk and
patio behind the restaurant and/or work at the front entrance to occur during the
restaurant's slow season (July to Oct.). Actual timeframe to be coordinated.
BID NO: 26-06/07
DATE: 01/24/07
CITY OF MIAMI BEACH
14
· Contractor to provide temporary signage , MOT (maintenance of traffic), as
required, to control pedestrian and vehicular traffic.
· Contractor to provide temporary lighting as required, maintaining a safe
environment' safety measures during construction.
· Contractor to fabricate' install permanent signage; signage to be permitted under
separate permit but will be part of the scope.
· Existing sea wall' rip rap at Government Cut to remain in its current location.
· "Drift" artwork foundations and utility requirements
· Additional alternate- Parking lot revision
· Additional alternate- Right of Way extension
Phases 1 - 4 (General phases' sequence of construction to use as guideline); Bidder(s)
to provide detailed phasing plan' construction staging plan and schedule for each);
Architect' City to review as part of Bid evaluation; successful bidder to discuss refine
and submit to Architect' City approval prior commencing with the work.
As the work progresses, Phasing may need to be adjusted to address the City's needs.
Contractor to maintain access to the park through Baywalk, Cut Walk and Beachwalk
during the park's construction until their improvements are scheduled to occur.
Alternate access to the beach may be required. Contractor to provide in detailed
Phasing plan.
(Some of the park improvements' infrastructure work may overlap)
Construction Phases planned for the Construction of South Pointe Park include:
The following are not in contract, they are provided for clarification purposes
only.
· Demolition of existing structures (structures shown in Sheet 0-002 & 0-003 -
NIC; all other demolition included in sheets 0-002 & 0-003 are included as
part of the bid.
· Install temporary construction fence during demolition activities.
· Project Construction Sign
Phase I - Temporary facilities including but not limited to: displaced/temporary
parking to serve the restaurant tenant, temporary construction fence, temporary
lighting and temporary signage as required.
Note: Temporary location of vending machines. Concrete pad and electrica/ feed
required. Location to be determined.
Phase 11- Work East of Coastal Construction Control Line
Phase 111- Work West of Coastal Construction Control Line & Washington Ave.
Phase IV - Work West of Washington Ave.
The cut walk construction is to be coordinated independently from other phases.
Timeframe for construction is to be coordinated with the City and Architect.
Please reference to graphical representation found on page 15.
BID NO: 26-06/07
DATE: 01/24/07
CITY OF MIAMI BEACH
15
')
Note: Contractor/Bidder will be responsible for subdividing Master Permit into sub-
permits to coordinate with each phases of the project provided by the Contractor.
Upon Substantial Completion of each phase, the City may request occupancy of the
completed section of the park. All other requirements would still apply, such as MOT,
temporary fencing, safety requirements, etc.. all requirements must be enforced for
all adjacent construction areas,
In addition to these 4 Construction phases there are 2 Alternates that are planned as
part of this bid, they include:
Alternate No. 1 - Parking lot revision to add approximately 28 additional parking spaces
at the North side of the property. Adjusting proposed parallel parking to perpendicular
parking.
Alternate No. 2 - Right-of-Way extension; extension of North Property line to South
Pointe Drive. Work shall include but not limited to the following:
· Upgraded lighting to meet South Point Park Design standards and tie-in with the
electrical utility systems proposed for the park.
· Provide new irrigation to tie-in with park.
· New curb, gutter, sidewall, street trees and plantings along both sides of
Washington Avenue to integrate with South Point Park and Apogee Development
at the North West corner of the property.
· Provide new asphalt as required.
. Please refer to oaaes 16-18 for araohical reoresentations of Phase I throuah IV
and oaoe 19 for araohical reoresentation of Alternates 1 and 2.
3. Location of Work: South Pointe Park is bound by the Atlantic Ocean to the east,
Government Cut to the South, Biscayne Bay to the East, and private residential
property to the North.
4. Abbreviations and Svmbols: The abbreviations used throughout the Contract
Documents are defined hereinafter in the Technical Specifications. The symbols
used in the Plans are defined therein.
)
BID NO: 26-06/07
DATE: 01/24/07
CITY OF MIAMI BEACH
16
z El)t
<(
..J
c..
LIJ l"lI ~
I- '"tl liE
.;:; 0
- 0 l:l
Vl u:: OJ
..
...c l
u '"
l"lI
QJ ..
CO i
E
.\1 .!ii
::!: ~
..::i ...
... Cl
Co ~
~
QJ dl
.....
s:: '~
~ i
..c .....
Q
.... .~
:l
0 v
V)
BID NO: 26-06/07
DATE: 01/24/07
CITY OF MIAMI BEACH
17
v
.E
~
."
i
<(
..
c
j
E
.!!
~
1
~
o
'V
3
VI
C
DO
~
Jj
~
."
;
o
Ii
;;
'"
-S
.~
..
.e
..
.~
..
<(
I
e"
..
:J:
II
')
BID NO: 26-06/07
DATE: 01124/07
CITY OF MIAMI BEACH
18
E9~
Q)
t:
o
Q)
V)
ns
..s:::
c..
ev e
:g~
J2tJ
LL. ~
- '0
..c""
v 0..
eve
CI) II
a:l E
II
.- ~
E a
.!! E
::E"!
... '5.
~'"
...V
ev .
0..-5
...
CI) II
...ro
E: ,-
._ E
o ,!!
o..::!:
....
..co
...~
~ ,-
OV
Vl
<.i
E:
ti
!!
:c
t!
<
GI
c:
...
.....
E
~
~
~
...
o
'5
::>
."
~
'iJ
c
~
~
"'0
C
...
o
c:
'S;
'"
VI
-5
'ji
III
!!
'"
'0
o
III
~
III
~
~
P;O
...
r
I
I f.'l
I'lll
fthl
BID NO: 26-06/07
DATE: 01/24/07
CITY OF MIAMI BEACH
19
e'&:
:u-----.5
i c:.
o
~
OJ
CI)
CU
...t:
c..
l"\:l 8
"""Oti:
.;:: 0
..2:l
u..~
. '0
...I::~
uo..
l"\:l t:
CIJ '"
CXJ E
.- ~
E ~
.~ E
:::E]
. -a.
..::.t:'"
....v
l"\:l .
a..-5
'"
CIJ '"
.....al
s:: --
,_ E
o .!!
a..~
.....
...1::0
..... >-
:::s :~
OV
Vl
u
E
~
v
2:l
:E
l:!
<(
'"
c:
'"
-'
E
~
~
"U
c:
'"
o
~
il
VI
c:
l>ll
'Vi
"
a
-~
~
"U
c:
'"
o
c:
'S;
'"
III
fi
'~
VI
2:l
'"
'0
o
'"
III
<(
VI
~
'"
~
l!.ll
'"
r
I
BID NO: 26-06/07
DATE: 01/24/07
CITY OF MIAMI BEACH
20
6'"
\:Ii~
(J)
(J)
'-
..s:::
I-
(J)
V')
C'tS
..s:::
c...
l'll ~
:-g~
o VI
u:~
- '(5'"
-50:
l'll 1:
Q) llJ
lXl E
~
E ~
.!!! .E
~~
.... "5..
~~
~ 15-
'"
~~
s::: .-
._ E
o .!!!
0..::iE
.....
...s:::o
~ >-
:3~
OU
V'l
..;
E
~
v
.!l
:E
v
<
<U
t:
'"
....J
E
~
~
"0
t:
'"
o
'6
:::J
Vi
t:
tlIl
'iji
llJ
o
~
~
~
"0
t:
'"
o
t:
.~
Vl
.p
.~
VI
J!l
'"
.0
o
VI
<II
<
~
>
'"
2!
bll
~
J:
I
BID NO: 26-06/07
DATE: 01124/07
CITY OF MIAMI BEACH
21
EB~
'-
:3
o
lL.
Q)
en
ns
-S::
a..
ra [lj
'""OlE
.;:: 0
o VI
-v
u.. CI
"'" .0'
....c:...
u~
ra s::
QJ CI
CO E
.- ~
E is..
.~ ~
~5
~ '5.
..:.:: '"
....v
ra .
0.."5
'"
QJ Cl>
......a:l
c:: .-
._ E
o .!!
o..~
.....
....c:o
-l;-
:J .-
OV
\.I)
oJ
s::
...
v
~
1:
v
<
Cl>
s:
'"
..J
E
~
~
""
s::
'"
o
'i5
::l
Vi
s::
t>Il
'Oil
Qj
o
~
~
""
s:
'"
o
s:
.~
III
-S
.~
III
~
'"
'u
o
III
-<
'"
~
<0
~
f.:ll
'"
:J:
II
C'\I
(I)
.....
C\1
C
L-
(I)
.....
<(
BID NO: 26-06/07
DATE: 01/24/07
CITY OF MIAMI BEACH
22
EB; &:
:-.. 5
j c:
C"G
(J)
l...
<(
~
l...
~
4-
o
(J)
0..
o
u
Vl
CIS 0>
"'OtE
";: 0
o '"
u:~
- '0
-DC:
CIS'C
Q) 0>
co t
:>
E [
"~ E
::E1!
--. 'a..
-t:~
CIS .
Cl..~
~&
t: .-
._ E
o .!!!
Cl..~
'-
..s;:o
+> >.
::s .'!::
OV
V')
V
<::
tl
J!:/
:.E
u
<
0>
t:
'"
...J
E
~
~
"
t:
'"
o
'5
2
Vl
r;;
bl>
'Vi
0>
Cl
~
~
~
"
r;;
'"
o
t:
'S:
'"
V1
-:5
'3E
'"
J!:/
'"
.~
'"
<(
'"
~
'"
~
~
'"
:r
Ii
00200. DEFINITIONS:
1. Definitions: Whenever the following terms or pronouns in place of them appear
in the Project Manual, the intent and meaning shall be interpreted as follows:
1.1. Attraction: Includes private businesses, public facilities and agencies,
nonprofits and other tourism-oriented service facilities.
1.2. Bidder: Any individual, firm, or corporation submitting a bid for this
Project, acting directly or through a duly authorized representative.
1.3. Change Order: A written document ordering a change in the Contract
Price or Contract Time or a material change in the Work of Watermain
and Hangers.
1.4. City: The City (or Owner) shall mean the City of Miami Beach, a Florida
municipal corporation, having its principal offices at 1700 Convention
Center Drive, Miami Beach, Florida 33139, which is a party hereto and
lor for which this Contract is to be performed. In all respects hereunder,
City's performance is pursuant to City's position as the owner of a
construction project. In the event City exercises its regulatory authority
as a governmental body, the exercise of such regulatory authority and
the enforcement of any rules, regulations, laws and ordinances shall be
deemed to have occurred pursuant to City's regulatory authority as a
governmental body and shall not be attributable in any manner to City
as a party to this Contract.
1.5. City Commission: City Commission shall mean the governing and
legislative body of the City.
1.6 City Manager: City Manager shall mean the Chief Administrative Officer
of the City.
1.7 Consultant: Architect or Engineer who has contracted with City or who
is an employee of City, to provide professional services for this Project.
The Primary Consultant for this project is Hargreaves Associates,
Landscape Architect, 398 Kansas Street, San Francisco, CA 94103.
1.8 Contract: The part or section of the Contract Documents addressing
some of the rights and duties of the parties hereto, including but not
limited to contract time and liquidated damages.
1.9. Contract Documents Clarification: (Not Applicable)
BID NO: 26-06/07 CITY OF MIAMI BEACH
DATE: 01124/07 23
1.10. Contract Administrator: The City's Contract Administrator shall mean
the individual appointed by the City Manager who shall be the City's
authorized representative to coordinate, direct, and review on behalf of
the City, all matters related to the Project.
1.11. Contract Documents: The Project Manual including drawings (plans)
and specifications, the Notice for Bids, Addenda, if any, to the Project
Manual, the Bid Tender Form, the record of the award by the City
Commission, the Performance Bond and Payment Bond, the Notice of
Award, the Notice(s) to Proceed, the Purchase Order, Change Orders,
Field Orders, Supplemental Instructions, and any additional documents
the submission of which is required by this Project Manual, are the
documents which are collectively referred to as the Contract
Documents.
1.12. Contract Price: The original amount established in the bid submittal and
award by the City, as may be amended by Change Order.
1.13. Contract Time: The original time between commencement and
completion, including any milestone dates thereof, established in
Article 2 of the Contract, as may be amended by Change Order.
1.14. Contractor: The person, firm, or corporation with whom the City has
contracted and who is responsible for the acceptable performance of
the Work and for the payment of all legal debts pertaining to the Work.
All references in the Contract Documents to third parties under contract
or control of Contractor shall be deemed to be a reference to
Contractor.
1.15. Field Order: A written order which orders minor changes in the Work but
which does not involve a change in the Contract Price or Contract Time.
1.16. Final Completion: The date certified by Consultant in the Final
Certificate of Payment upon which all conditions and requirements of
any permits and regulatory agencies have been satisfied; any
documents required by the Contract Documents have been received by
Consultant; any other documents required to be provided by Contractor
have been received by Consultant; and to the best of Consultant's
knowledge, information and belief the Work defined herein has been
fully completed in accordance with the terms and conditions of the
Contract Documents.
1.17. General Public: A service shall be deemed available to the "General
Public" if it is available to anyone, at any time, without any membership
or other requirement limiting use by the public at large.
BID NO: 26-06/07 CITY OF MIAMI BEACH
DATE: 01/24/07 24
1.18. Inspector: An authorized representative of Consultant or City assigned
to make necessary inspections of materials furnished by Contractor and
of the work completed by Contractor.
1.19. Materials: Materials incorporated in this Project, or used or consumed
in the performance of the Work.
1.20. Mention: A specific individual listing of an Attraction on a Wayfinding
Sign
1.21. Notice(s) to Proceed: Written notice to Contractor authorizing the
commencement of the activities identified in the notice or as described
in the Contract Documents.
1.22. Off-Premise Sign: A sign which erected upon private property that is not
contiguous with the parcel that Attraction is located.
1.23. On-Premise Sign: A sign which is erected upon the same real property
the Attraction is located. The sign shall only advertise the Attraction
located thereon.
1.24. Plans and/or Drawings: The official graphic representations of this
Project which are a part of the Project Manual.
1.25. Program Manager: Not Applicable
1.26. Project: The construction project described in the Contract Documents,
including the Work described therein.
1.27. Project Initiation Date: The date upon which the Contract Time
commences.
1.28. Project Manual: The official documents setting forth bidding information
and requirements; contract form, bonds, and certificates; General and
Supplementary Conditions of the Contract Documents; the
specifications; and the plans and drawings of the Project.
1.29. Resident Project Representative: An authorized representative of
Consultant or Program Manager assigned to represent Consultant or
Program Manager on the Project.
1.30. Seasonal Business: Any business which is not operated on a year-
round basis.
BID NO: 26-06/07 CITY OF MIAMI BEACH
DATE: 01/24/07 25
1.31. Subcontractor: A person, firm or corporation having a direct contract
with Contractor including one who furnishes material worked to a
special design according to the Contract Documents, but does not
include one who merely furnishes Materials not so worked.
1.32. Substantial Completion: The date certified by Consultant when all
conditions and requirements of permits and regulatory agencies have
been satisfied and the Work is sufficiently complete in accordance with
the Contract Documents so the Project is available for beneficial
occupancy by City. A Certificate of Occupancy or Certificate of
Completion must be issued for Substantial Completion to be achieved,
however, the issuance of a Certificate of Occupancy or Certificate of
Completion or the date thereof are not to be determinative of the
achievement or date of Substantial Completion.
1.33. Surety: The surety company or individual which is bound by the
performance bond and payment bond with and for Contractor who is
primarily liable, and which surety company or individual is responsible
for Contractor's satisfactory performance of the work under the contract
and for the payment of all debts pertaining thereto in accordance with
Section 255.05, Florida Statutes.
1.34. Work: The construction and services required by the Contract
Documents, whether completed or partially completed, and includes all
other labor, materials, equipment and services provided or to be
provided by Contractor to fulfill Contractor's obligations. The Work may
constitute the whole or a part of the Project.
BID NO: 26-06/07 CITY OF MIAMI BEACH
DATE: 01/24/07 26
00300. INSTRUCTIONS TO BIDDERS:
1. Examination of Contract Documents and Site: It is the responsibility of each
Bidder before submitting a Bid, to:
1.1. Examine the Contract Documents thoroughly,
1.2. Visit the site or structure to become familiar with conditions that may
affect costs, progress, performance or furnishing of the Work,
1.3. Take into account federal, state and local (City and Miami-Dade
County) laws, regulations, ordinances that may affect costs, progress,
performance, furnishing of the Work, or award,
1.4. Study and carefully correlate Bidder's observations with the Contract
Documents, and
1.5. Carefully review the Contract Documents and notify Consultant of all
conflicts, errors or discrepancies in the Contract Documents of which
Bidder knows or reasonably should have known.
The submission of a Bid shall constitute an incontrovertible representation by
Bidder that Bidder has complied with the above requirements and that without
exception, the Bid is premised upon performing and furnishing the Work required
by the Contract Documents and that the Contract Documents are sufficient in
scope and detail to indicate and convey understanding of all terms and
conditions for performance and furnishing of the Work.
2. Pre-Bid Interpretations: Only questions answered by written Addenda will be
binding. Oral and other interpretations or clarifications will be without legal effect.
All questions about the meaning or intent of the Contract Documents are to be
directed to the City's Procurement Director in writing. Interpretations or
clarifications considered necessary by the City's Procurement Director in
response to such questions will be issued by City by means of Addenda mailed
or delivered to all parties recorded by the City's Procurement Director as having
received the Bidding Documents. Written questions should be received no less
than ten (10) calendar days prior to the date of the opening of Bids. There shall
be no obligation on the part of City or the City's Procurement Director to respond
to questions received less than ten (10) calendar days prior to bid opening.
BID NO: 26-06/07
DATE: 01/24/07
CITY OF MIAMI BEACH
27
3. SubmittinQ Bids: All bids must be received in the Procurement Division, City of
Miami Beach, 1700 Convention Center Drive, Third Floor, Miami Beach, Florida
33139, until 3:00 p.m. on the 20th day of February 2007, enclosed in a sealed
envelope, legibly marked on the outside:
BID FOR:
INVITATION TO BID (ITB)
FOR CONSTRUCTION IMPROVEMENTS FOR THE CITY OF
MIAMI BEACH SOUTH POINTE PARK (SOUTH BEACH)
BID/CONTRACT NO. : 26-06/07
4. Printed Form of Bid: All bids must be made upon the blank Bid/Tender Form
included herein and must give the price in strict accordance with the instructions
thereon. The bid must be signed and acknowledged by the Bidder in accordance
with the directions on the bid form.
5. Bid Guarantv: All bids shall be accompanied by either an original bid bond
executed by a surety company meeting the qualifications for surety companies
as specified in Section 5, General Conditions, or by cash, money order, certified
check, cashier's check, Bid Guaranty Form, Unconditional Letter of Credit (Form
00410), treasurer's check or bank draft of any national or state bank (United
States), in the amount of 5% of the bid amount, payable to City of Miami Beach,
Florida, and conditioned upon the successful Bidder executing the Contract and
providing the required one-hundred percent (100%) Performance Bond and
Payment Bond and evidence of required insurance within fifteen (15) calendar
days after notification of award of the Contract. A PERSONAL CHECK OR A
COMPANY CHECK OF A BIDDER SHALL NOT BE DEEMED A VALID BID
SECURITY. Security of the successful Bidder shall be forfeited to the City of
Miami Beach as liquidated damages, not as a penalty, for the cost and expense
incurred should said Bidder fail to execute the Contract, provide the required
Performance Bond, Payment Bond and Certificate(s) of Insurance, -within fifteen
(15) calendar days after notification of the award of the Contract, or failure to
comply with any other requirements set forth herein. The time for execution of
the Contract and provision of the Performance Bond, Payment Bond and
Certificate(s) of Insurance may be extended by the City's Procurement Director
for good cause shown. Bid Securities of the unsuccessful Bidders will be
returned after award of Contract.
6. Acceptance or Reiection of Bids: The City reserves the right to reject any or all
bids prior to award. Reasonable efforts will be made to either award the Contract
or reject all bids within ninety (90) calendar days after bid opening date. A Bidder
may not withdraw its bid unilaterally nor change the Contract Price before the
expiration of ninety (90) calendar days from the date of bid opening. A Bidder
may withdraw its bid after the expiration of ninety (90) calendar days from the
BID NO: 26-06/07
DATE: 01/24/07
CITY OF MIAMI BEACH
28
date of bid opening by delivering written notice of withdrawal to the Purchasing
Division prior to award of the Contract by the City Commission.
7. Determination of Award: The City Commission shall award the contract to the
lowest and best bidder. In determining the lowest and best bidder, in addition to
price, there shall be considered the following:
a. The ability, capacity and skill of the bidder to perform the Contract.
b. Whether the bidder can perform the Contract within the time specified,
without delay or interference.
c. The character, integrity, reputation, judgement, experience and
efficiency of the bidder.
d. The quality of performance of previous contracts.
e. The previous and existing compliance by the bidder with laws and
ordinances relating to the Contract.
8. Evaluation: An interim performance evaluation of the successful Contractor may
be submitted by the Contract Administrator during construction of the Project. A
final performance evaluation shall be submitted when the Request for Final
Payment to the construction contractor is forwarded for approval. In either
situation, the completed evaluation(s) shall be forwarded to the City's
Procurement Director who shall provide a copy to the successful
CONTRACTOR. Said evaluation(s) may be used by the City as a factor in
considering the responsibility of the successful CONTRACTOR for future bids
with the City.
9. Contract Price: The Contract Price is to include the furnishing of all labor,
materials, equipment including tools, services, permit fees, applicable taxes,
overhead and profit for the completion of the Work except as may be otherwise
expressly provided in the Contract Documents. The cost of any item(s) of Work
not covered by a specific Contract unit price or lump sum price shall be included
in the Contract unit price or lump sum price to which the item(s) is most
applicable.
10. Postponement of Date for Presentino and Openino Bids: The City reserves the
right to postpone the date for receipt and opening of bids and will make a
reasonable effort to give at least seven (7) calendar days written notice of any
such postponement to each prospective Bidder.
11. Qualifications of Bidders: Bids shall be considered only from firms normally
engaged in performing the type of work specified within the Contract Documents.
Bidder must have adequate organization, facilities, equipment, and personnel to
ensure prompt and efficient service to City.
In determining a Bidder's responsibility and ability to perform the Contract, City
has the right to investigate and request information concerning the financial
BID NO: 26-06/07
DATE: 01/24/07
CITY OF MIAMI BEACH
29
condition, experience record, personnel, equipment, facilities, principal business
location and organization of the Bidder, the Bidder's record with environmental
regulations, and the claims/litigation history of the Bidder.
12. Addenda and Modifications: The City shall make reasonable efforts to issue
addenda within seven (7) calendar days prior to bid opening. All addenda and
other modifications made prior to the time and date of bid opening shall be
issued as separate documents identified as changes to the Project Manual.
13. Prevailina Waae Rates: City of Miami Beach Ordinance No, 94-2960 provides
that in all non-federally funded construction contracts in excess of one million
dollars to which the City of Miami Beach is a party, the rate of wages and fringe
benefits, or cash equivalent, for all laborers, mechanics and apprentices
employed by any contractor or subcontractor on the work covered by the
contract, shall not be less than the prevailing rate of wages and fringe benefit
payments or cash equivalence for similar skills or classifications of work, as
established by the Federal Register, in the City of Miami Beach, Florida. The
provisions of this Ordinance shall not apply to the following projects:
a. water, except water treatment facilities and lift stations;
b. sewer, except sewage treatment facilities and lift stations;
c. storm drainage;
d. road construction, except bridges or structures requiring pilings;
and
e. beautification projects, which may include resurfacing new curbs,
gutters, pavers, sidewalks, landscaping, new lighting, bus shelters,
bus benches and signage.
14. Occupational Health and Safety: In compliance with Chapter 442, Florida
Statutes, any toxic substance listed in Section 38F-41.03 of the Florida
Administrative Code delivered as a result of this bid must be accompanied by a
Material Safety Data Sheet (MSDS) which may be obtained from the
manufacturer. The MSDS must include the following information:
14.1. The chemical name and the common name of the toxic substance.
14.2. The hazards or other risks in the use of the toxic substance, including:
14.2.1.
The potential for fire, explosion, corrosion, and reaction;
BID NO: 26-06/07
DATE: 01/24/07
CITY OF MIAMI BEACH
30
14.2.2.
The known acute and chronic health effects of risks from
exposure, including the medical conditions which are generally
recognized as being aggravated by exposure to the toxic
substance; and
14.2.3.
The primary routes of entry and symptoms of overexposure.
14.3. The proper precautions, handling practices, necessary personal
protective equipment, and other safety precautions in the use of or
exposure to the toxic substances, including appropriate emergency
treatment in case of overexposure.
14.4. The emergency procedure for spills, fire, disposal, and first aid.
14.5. A description in lay terms of the known specific potential health risks
posed by the toxic substance intended to alert any person reading this
information.
14.6. The year and month, if available, that the information was compiled and
the name, address, and emergency telephone number of the
manufacturer responsible for preparing the information.
15. Environmental Reaulations: The City reserves the right to consider a Bidder's
history of citations and/or violations of environmental regulations in investigating a
Bidder's responsibility, and further reserves the right to declare a Bidder not
responsible if the history of violations warrant such determination in the opinion of
the City. Bidder shall submit with its Bid, a complete history of all citations and/or
violations, notices and dispositions thereof. The nonsubmission of any such
documentation shall be deemed to be an affirmation by the Bidder that there are
no citations or violations. Bidder shall notify the City immediately of notice of any
citation or violation which Bidder may receive after the Bid opening date and during
the time of performance of any contract awarded to it.
16. "Or Eaual" Clause: Whenever a material, article or piece of equipment is identified
in the Contract Documents including plans and specifications by reference to
manufacturers' or vendors' names, trade names, catalog numbers, or otherwise,
City, through Consultant, will have made its best efforts to name at least three (3)
such references. Any such reference is intended merely to establish a standard;
and, unless it is followed by the words "no substitution is permitted" because of
form, fit, function and quality, any material, article, or equipment of other
manufacturers and vendors which will perform or serve the requirements of the
general design will be considered equally acceptable provided the materials, article
or equipment so proposed is, in the sole opinion of Consultant, equal in substance,
quality and function.
BID NO: 26-06/07
DATE: 01/24/07
CITY OF MIAMI BEACH
31
') ANY REQUESTS FOR SUBSTITUTION MUST BE MADE TO THE CITY'S
PROCUREMENT DIRECTOR, WHO SHALL FORWARD SAME TO
CONSULTANT.
17. Protested Solicitation Award:
Bidders that are not selected may protest any recommendation for Contract
award in accordance with City of Miami Beach Ordinance No. 2002-3344,
which establishes procedures for resulting protested bids and proposed
awards. Protest not timely pursuant to the requirements of Ordinance No.
2002-3344 shall be barred.
18. Financial Stability and Strenoth:
The bidder must be able to demonstrate a good record of performance and
have sufficient financial resources to ensure that they can satisfactorily provide
the goods and/or services required herein.
Bidders/Proposers shall submit financial statements for each of their last two
complete fiscal years within ten (10) calendar days, upon written request. Such
statements should include, as a minimum, balance sheets (statements of
financial position) and statements of profit and loss (statement of net income).
When the bid submittal is from a Joint Venture, each Bidder/Proposer involved
in the Joint Venture must submit financial statements as indicated above.
Any Bidder/Proposer who, at the time of bid submission, is involved in an
ongoing bankruptcy as a debtor, or in a reorganization, liquidation, or
dissolution proceeding, or if a trustee or receiver has been appointed over all or
a substantial portion of the property of the Bidder/Proposer under federal
bankruptcy law or any state insolvency, may be declared non-responsive.
19. Eaual Benefits Ordinance
Bidders are advised that this Bid and any contract awarded pursuant to this
procurement process shall be subject to the applicable provisions of Ordinance
No. 2005-3494, entitled "Requirement for City Contractors to Provide Equal
Benefits for Domestic Partners (the "Ordinance")." The Ordinance applies to all
employees of a Contractor who work within the City limits of the City of Miami
Beach, Florida; and the Contractor's employees located in the United States,
but outside of the City of Miami Beach limits, who are directly performing work
on the contract within the City of Miami Beach.
All bidders shall complete and return, with their bid, the "Declaration: Non-
discrimination in Contracts and Benefits" form contained herein. The City shall
not enter into any contract unless the bidder certifies that such firm does not
discriminate in the provision of Benefits between employees with Domestic
BID NO: 26-06/07
DATE: 01/24/07
CITY OF MIAMI BEACH
32
Partners and employees with spouses and/or between the Domestic Partners
and spouses of such employees. Contractors may also comply with the
Ordinance by providing an employee with the Cash Equivalent of such Benefit
or Benefits, if the City Manager or his designee determines that the successful
bidder Contractor shall complete and return the "Reasonable Measures
Application" contained herein, and the Cash Equivalent proposed.
It is important to note that bidders are considered in compliance if bidder
provides benefits neither to employees' spouses nor to employees' Domestic
Partners.
Following this page please find a Q & A of the major points of the proposed
Ordinance. Additionally, the following documents need to be returned to the
City with your bid:
· Declaration: Nondiscrimination in Contracts and Benefits Form
· Reasonable Measures Application Form
BID NO: 26-06/07
DATE: 01/24/07
CITY OF MIAMI BEACH
33
PROPOSED EQUAL BENEFITS ORDINANCE SUMMARY
The foregoing analysis provides a summary of the major points of the proposed
Ordinance:
1) What is the intent of the Ordinance?
The proposed Ordinance will require certain contractors doing business with the
City of Miami Beach, who are awarded a contract pursuant to competitive bids, to
provide "Equal Benefits" to their employees with Domestic Partners, as they
provide to employees with spouses.
2) How are "Equal Benefits" defined and what kind of "Benefits" does the Ordinance
cover?
"Equal Benefits" means that contractors doing business with the City who are
covered by the Ordinance shall be required to provide the same type of benefits
that they offer to employees and their spouses, to employees with Domestic
Partners.
The type of "Benefits" defined by the Ordinance and which may be offered by a
contractor include: sick leave, bereavement leave, family medical leave, and
health benefits.
The "Benefits" defined in the Ordinance are the same type of benefits that the City
provides to Domestic Partners of City employees, pursuant to Section 62-128 of
the City Code].
Notwithstanding the definition of "Benefits" in the Ordinance, to comply with the
Ordinance a Contractor is not required to provide all the above-described benefits.
Contractors are only required to offer the same type of Benefits they offer to their
employees with spouses, to employees with Domestic Partners. Additionally, a
Contractor who offers no benefits to employees or their spouses, would not be
required to offer any benefits to employees with Domestic Partners (and would still
be in compliance with the Ordinance).]
3) Who is considered a "Domestic Partner" under the Ordinance?
A "Domestic Partner" shall mean any two (2) adults of the same or different sex
who have registered as domestic partners with a government body pursuant to
state or local law authorizing such registration, or with an internal registry
maintained by the employer of at least one of the domestic partners.
BID NO: 26-06/07
DATE: 01/24/07
CITY OF MIAMI BEACH
34
')
4) What type of Contracts and/or which Contractors are covered by the Ordinance?
The Ordinance only applies to the following:
· Competitively bid City contracts (bids, RFP's, RFQ's, RFLI's, etc.).
· Contracts valued at over $100,000.
· Contractors who maintain 51 or more full time employees on their payrolls during
20 or more calendar work weeks in either the current or the preceding calendar
year.
· Contractors covered by the Ordinance are only required to comply as to
employees who: 1) either work within the City limits of the City of Miami Beach; or
2) the contractor's employees located in the United States, but outside of the City
limits, only if those employees are directly performing work on the City contract
(covered by the Ordinance).
5) In what cases does the Ordinance not apply?
The provisions of the Ordinance do not apply where:
· The City contract has been has been entered into prior to the effective date of the
Ordinance (including renewal terms contained in such contracts).
· The City contract is not competitively bid.
· The City contract is valued at less than $100,000.
· The contractor has less than 51 employees.
· The contractor does not provide Benefits either to employees' spouses or to
employees' Domestic Partners.
· The contractor is a religious organization, association, society or any non profit
charitable or educational institution or organization operated, supervised or
controlled by or in conjunction with a religious organization, association or society.
· The contractor is another government entity.
The following City contracts are not covered by the Ordinance:
· Contracts for sale or lease of City property.
· Development Agreements.
· Contracts/grants for CDBG, HOME, SHIP, and Surtax funds administered by the
City's Office of Community Development
· Cultural Arts Council grants
· Contracts for professional AlE, landscape AlE, or survey and mapping services
procured pursuant to Chapter 287.055, Florida Statutes (liThe Consultants
Competitive Negotiation Act".
· Contracts for the procurement of life, health, accident, hospitalization, legal
expense, annuity insurance, or any and all other kinds of insurance for the officers
and employees of the City and their dependents, from a group insurance plan.
The Ordinance provides, upon written recommendation of the City Manager, that
the City Commission may, by 5/7ths vote, waive application of the Ordinance for
the following:
)
BID NO: 26-06/07
DATE: 01/24/07
CITY OF MIAMI BEACH
35
· Emergency contracts.
· Contracts where only one bid response is received.
· Contracts where more than one bid response is received, but none of the bidders
can comply with the requirements of the Ordinance.
The City's ability to apply the Ordinance may also be preempted in instances
where the Ordinance impacts health, retirement, or pension program which fall
within the jurisdiction of the Employee Retirement Income Security Act (ERISA),
and may under certain circumstances be held invalid under Federal preemption.
6) How is the Ordinance enforced by the City?
· City contracts that are covered by the Ordinance shall notify potential
bidders/proposers of the Ordinance and its requirements in the issued bid
documents.
· At the time of entering into the contract with the City, the proposed City contractor
shall certify to the City that it intends to provide Equal Benefits, along with the
description of its employee benefits plan, which needs to be delivered to the
Procurement Director prior to entering into the contract.
· The City has the ongoing right to investigate/audit contracts for compliance with
the provisions of the Ordinance.
· The contractor is required to post notice to its employees at its place of business
that it provides Equal Benefits.
7) Is there another way for a Contractor who does not provide Equal Benefits to
comply with the Ordinance?
If a contractor covered by the Ordinance has made a reasonable yet unsuccessful
effort to provide Equal Benefits, it can still comply with the Ordinance by providing
an employee with the "Cash Equivalent" of the similar benefit(s) offered to the
contractor's employees and their spouses.
8) What are the penalties for non compliance?
Failure of a contractor to comply with the requirements of the Ordinance may result
in the following:
. Breach/default under the contract.
. Termination of the contract.
. Monies due under the contract may be retained by the City until compliance is
achieved.
. Debarment of contractors from City work, as prescribed by the City Code.
BID NO: 26-06/07
DATE: 01/24/07
CITY OF MIAMI BEACH
36
m
,.,
CITY OF MIAMI BEACH
DECLARATION: NONDISCRIMINATION IN CONTRACTS AND BENEFITS
Section 1. Vendor Information
Name of Company:
Name of Company Contact Person:
Phone Number:
Fax Number:
E-mail:
Yendor Number (if known):
FederallD or Social Security Number:
Approximate Number of Employees in the U.S.: (If 50 or less, skip to last page (38),
date and sign)
Are any of your employees covered by a collective bargaining agreement or union trust fund? _Yes_No
Union name(s):
Section 2. Compliance Questions
Question 1. Nondiscrimination - Protected Classes
A. Does your company agree to not discriminate against your employees, applicants for
employment, employees of the City, or members of the public on the basis of the fact or
perception of a person's membership in the categories listed below? Please note: a .YES"
answer means your company agrees it will not discriminate; a "NO. answer means your
company refuses to agree that it will not discriminate. Please answer yes or no to each
category .
L. Race
c Color
L.1 Creed
I, Religion
Ii National origin
L: Ancestry
cAge
L.: Height
Yes_No
Yes_No
Yes _ No
Yes_No
Yes_No
Yes_No
Yes_No
Yes _ No
LJ Sex
c Sexual orientation
Li Gender identity (transgender status)
u Domestic partner status
U Marital status
L! Disability
u AIDSIHIV status
U Weight
B. Does your company agree to insert a similar nondiscrimination prOVISion in any
subcontract you enter into for the performance of a substantial portion of the contract you
have with the City? Please note: you must answer this question. even if you do not intend
to enter into any subcontracts.
Yes _ No
BID NO: 26-06/07
DATE: 01/24/07
CITY OF MIAMI BEACH
37
_Yes No
Yes_No
Yes_ No
Yes _ No
Yes_No
Yes_No
Yes _ No
Yes No
Question 2. Nondiscrimination - Equal Benefits for Employees with Spouses and Employees with Domestic
Partners
Questions 2A and 2B should be answered YES even if your employees must
pay some or all of the cost of ousal or domestic artner benefits.
A. Does your company provide or offer access to any benefits to employees with
spouses or to spouses of employees?
Yes_No
B. Does your company provide or offer access to any benefits to employees with
(same or opposite sex) domestic partners. or to domestic partners of
employees? Yes _No
*The term Domestic Partner shall mean any two (2) adults of the same or different
sex, who have registered as domestic partners with a govemment body pursuant to
state or local law authorizing such registration, or with an intemal registry
maintained by the employer of at least one of the domestic partners. A Contractor
may institute an intemal registry to allow for the provision of equal benefits to
employees with domestic partner who do not register their partnerships pursuant to
a govemmental body authorizing such registration. or who are located in a
jurisdiction where no such govemmental domestic partnership exists. A Contractor
that institutes such registry shall not impose criteria for registration that are more
stringent than those required for domestic partnership registration by the City of
Miami Beach
If YOU answered "NO' to both Questions 2A and 2B, go to Section 4 (at the bottom of
this page). complete and sign the form, filling in all items requested.
If YOU answered "YES" to either or both Questions 2A and 2B, please continue to
Question 2C below.
Question 2. (continued)
C. Please check all benefits that apply to your answers above and list in the "other" section
any additional benefits not already specified. Note: some benefits are provided to
employees because they have a spouse or domestic partner, such as bereavement leave;
other benefits are provided directly to the spouse or domestic partner. such as medical
insurance.
BENEFIT Yes for Yes for Employees No, this Benefit Documentation of this
Employees with with Domestic is Not Offered Benefit Is Submitted
SDouses Partners with this Form
Health Cl Q 0 0
Dental [J [J 0 0
Vision 0 0 0 0
Retirement (Pension, 0 0 0 0
401lk), etc.)'
Bereavement 0 0 0 0
Family Leave 0 0 0 [J
Parental Leave 0 0 0 0
Employee Assistance 0 0 [J 0
PrOOram
Relocation & Travel 0 0 0 0
Company Discount, 0 0 0 0
Facilities & Events
Credit Union 0 0 0 [J
Child Care 0 0 0 0
Other 0 0 0 0
DATE: 01/24/07
38
Note: If you can not offer a benefit in a nondiscriminatory manner because of reasons
outside your control. (e,g,. there are no insurance providers in your area willing to offer
domestic partner coverage) you may be eligible for Reasonable Measures compliance.
To comply on this basis, you must agree to pay a cash equivalent. submit a completed
Reasonable Measures Application with all necessary attachments, and have your
application approved by the City Manager. or his designee.
Section 3. Required Documentation
YOU MUST SUBMIT SUPPORTING DOCUMENTATION to verify each benefit marked in Question 2C. VVithout
proper documentation, your company cannot be certified as complying with the City's Equal Benefits
Requirement for Domestic Partner Ordinance. For example. to document medical insurance submit a statement
from your insurance provider or a copy of the eligibUity section of your plan document; to document leave
programs. submit a copy of your company's employee handbook. If documentation for a particular benefit does
not exist. attach an explanation.
Have you submitted supporting documentation for each benefit offered?
_Yes_No
Section 4. Executing the Document
I declare under penalty of perjury under the laws of the State of Florida that the foregoing is true and
correct. and that I am authorized to bind this entity contractually.
Executed this
day of
. in the year
. at
,-
City State
Signature
Mailing Address
Name of Signatory (please print)
City, State, Zip Code
Title
BID NO: 26-06/07
DATE: 01124/07
CITY OF MIAMI BEACH
39
lD
'W'
CITY OF MIAMI BEACH
REASONABLE MEASURES APPLICATION
Declaration: Nondiscrimination in Contracts and Benefits
Submit this form and supporting documentation to the City's Procurement Division ONLY IF
you:
a. Have taken all reasonable measures to end discrimination in benefits; and
b. Are unable to do so; and
c. Intend to offer a cash equivalent to employees for whom equal benefits are not available.
You must submit the following information with this form:
1. The names, contact persons and telephone numbers of benefits providers contacted for the
purpose of acquiring nondiscriminatory benefits;
2. The dates on which such benefits providers were contacted;
3. Copies of any written response(s) you received from such benefits providers, and if
written responses are unavailable, summaries of oral responses; and
4. Any other information you feel is relevant to documenting your inability to end discrimination
in benefits, including, but not limited to, reference to federal or state laws which preclude the
ending of discrimination in benefits.
I declare (or certify) under penalty of perjury under the laws of the State of Florida that the
foregoing is true and correct, and that I am authorized to bind this entity
contractually.
Name of Company (please print)
Mailing Address of Company
Signature
City, State, Zip
Name of Signatory (please print)
Telephone Number
Title
Date
BID NO: 26-06/07
DATE: 01/24/07
CITY OF MIAMI BEACH
40
00305. TECHNICAL REVIEW PANEL SELECTION CRITERIA / SELECTION PROCESS
The Evaluation process to be used by the City for this bid will be one of "Best Value
Procurement", meaning that the City will, in addition to price, consider past performance
on previous contracts, Risk Assessment for this ITB, Qualifications of Personnel
proposed, and presentation and interview of Contractor's personnel. (See Section 00315)
The procedure to be used for bid evaluation and selection is as follows:
. Invitation to Bid issued.
. Pre-Bid Meeting.
. Receipt of bids.
. Opening and listing (except pricing) of all bids received.
. Review all bids for responsiveness.
. Distribution of all responsive bids to the Technical Review Panel.
The TECHNICAL REVIEW PANEL will rank all responsive bidders and will provide their
recommended ranking to the City Manager. There will be three (3) phases to the
evaluation process and they are as follows:
PHASE I
1) Qualifications and Experience of Contractor's Team (20 Points)
2) Risk Assessments (15 points). A Preliminary Project Schedule should be attached
to the RAP.
3) Past performance based on number and quality of the Performance Evaluation
Surveys (15 points).
PHASE II
3) Presentation and Interview of Key personnel (30 points).
PHASE III
4) Bid Price (20 points).
Scoring procedure:
When the TECHNICAL REVIEW PANEL convenes they will provide their scores for
Phase I. At the Panel's discretion, taking into consideration the number of responses, the
Panel may decide to short list bidders for continuation of Phase II through III. Upon
completion of scores for Phase I, scores shall be carried over to Phase II. Upon
completing the Presentation and Interview session with each bidder, the score for Phase
II will be carried over to the Final Phase; Phase III, Price. Phase III shall be evaluated and
scored at the end of the Evaluation process. The Bid Price will not be opened until the
TECHNICAL REVIEW PANEL has provided their scores for Phases I and II. Upon
evaluation and ranking of Phase III, the TECHNICAL REVIEW PANEL shall add all three
Phase scores and shall arrive at a final score at which time; they will provide their ranking
of bids and their recommendation to the City Manager which in turn he will provide his
recommendation to the City Commission.
BID NO: 26-06/07
DATE: 01/24/07
CITY OF MIAMI BEACH
41
) 00310. BID SUBMISSION REQUIREMENTS
The following information should be submitted with your bid response.
1.01 CONTENTS OF QUALIFICATION STATEMENT
Bid packages must contain the following documents, each fully completed, and
signed as required. Bid packages which do not include all required documentation,
or are not submitted in the required format, or do not have the appropriate
signatures on each document, may be deemed in the City's sole discretion to be
non-responsive. The City reserves the right to request any documentation omitted,
with exception of the 5% Bid bond and the Bid Price form in a sealed envelope,
bidder must submit the documentation within three (3) calendar days upon request
from the City, or the bid shall be deemed non-responsive. Non-responsive bid
packages will receive no further consideration.
A. IDENTIFICATION PAGE AND TABLE OF CONTENTS
Bidder shall provide an Identification Page including the following information:
· Name of Bidder. (Note: if co venture, specify)
· Address of submitting Bidder. (Note: if co venture, specify)
· E-mail address for the appropriate contact person at the submitting
company.
· Phone number and facsimile number of submitting Bidder.
· Federal Tax Identification Number for submitting Bidder.
· Declaration regarding company organization, whether as Corporation,
Partnership, or other. (Note: if co venture, specify)
· Signature of an officer or other individual of the submitting Bidder who has
the authority to bind said Bidder.
· Printed name of the authorized signing officer or other individual.
· Title of the authorized signing officer.
· Date of signature.
· Table of Contents.
B. QUALIFICATION AND EXPERIENCE OF THE CONTRACTOR'S TEAM
It is a requirement of the bid that the Bidder, staff the project with competent
individuals, and qualified supervisory personnel. To that end, the Bidder shall
provide:
. Bidder (Business Entity) shall demonstrate the Contractor Team's (Le., General
Contractor, sub-contractors, and key personnel) ability to execute the type of
work described within the Contract Documents of this Invitation to Bid (ITB).
The Contract Documents place emphasis on executing a scope of work
consisting of, but not limited to, the following: drainage infrastructure systems,
)
BID NO: 26-06/07
DATE: 01/24/07
CITY OF MIAMI BEACH
42
land forms, native dune plantings, landscape installations, and construction of
park facilities or waterfront facilities.
It is further recommended that the bidder provide representative projects as
outlined above to include the following information and components:
. Project name
· Project location
. Brief description of work performed
. Names, addresses, telephone number, fax number, and contact name for
the following:
. Owner or Agency
. Name of General Contractor's project manager and field superintendent
. Awarded contract amount and final contract amount
. Date of project completion
. A checklist or description of the following types of construction encountered
on the project, if applicable:
[J Drainage infrastructure systems
[J Land forms
'1 Native dune plantings
[J Landscape installations
:J Construction of park facilities or waterfront facilities
'l Traffic control
n Maintenance of access for pedestrians to businesses or residences
[J Other: List as may apply
. An organizational chart listing the proposed key personnel, their qualifications
and their roles in the project, resumes which shall include educational
background, work experience, employment history, and any other pertinent
information. Where applicable, Bidder team members shall also submit current
and valid certifications and/or licenses for their individual scope of supervision.
At a minimum, the bidder shall include the following proposed project team
members:
· Construction Project Manager
· Construction Superintendent
· Site Foreman
. A staffing plan that clearly illustrates the key elements of the proposed
organizational structure. The staffing plan should indicate the availability of the
personnel proposed to work on the Project. The staffing plan should also
indicate the name of the individual who will serve as the primary contact with
City. Bidder shall clearly detail the role of all Sub-contractors proposed for the
Project.
BID NO: 26-06/07
DATE: 01/24/07
CITY OF MIAMI BEACH
43
C. PAST PERFORMANCE
Each Bidder should provide proof of successful project completions for projects
comparative is size and complexity as outlined on this bid. Please provide your
client with the Performance Evaluation Letter and Survey attached herein on
pages 52 and 53, and request that your client submit the completed survey to
Roman Martinez, Sr. Procurement Specialist at (Fax) 305-673-7851 or e-mail
romanmartinez@miamibeachfl.gov. Please understand that we will not accept
Client Surveys beino sent to our office from the office of the bidder.
Surveys must be sent to Procurement from your client's office(s). Contractors
are responsible for making sure their clients return the Performance Evaluation
Surveys to the City. The City reserves the right to verify and confirm any
information submitted in this process. Such verification may include, but is not
limited to, speaking with current and former clients, review of relevant client
documentation, site-visitation, and other independent confirmation of data.
D. RISK ASSESSMENTS
All bidders must submit a Risk-Assessment Plan. The Risk-Assessment Plan
should not be lom:aer than four paaes front side of paae onlv. The RAP
should not contain any reference to the bidders name within the
document. Please exclude any letterhead or looos. anvthina that can
identify your company's name. (Note: The City reserves the right to request,
from the bidder, to re-submit the RAP in cases where the RAP has exceeded
the four pages of length or any RAP that has been identified with the bidder's
name or logo. Consultants must submit the documentation within three (3)
calendar days upon request from the City, or the proposal shall be deemed
non-responsive.) The RAP should be submitted in a sealed labeled envelope
and included within the ITB submission. The Risk-Assessment Plan should
address the following items in a clear and generic language:. (Please refer to
Section 00315.BEST VALUE PROCUREMENT ATTACHMENTS AND
FORMS, Attachments No.3 and 4 found on pages 54-57).
The RAP should address the following items in a clear and generic language:
(1) What risks the project has. (Areas that may cause the Contractor not to
finish on time, not finish within budget, cause any change orders, or be a
source of dissatisfaction with the owner).
(2) Explanation of how the risks will be avoided/minimize.
(3) Propose any options that could increase the value of this project.
(4) Explain the benefits of the Risk Assessment Plan. Address the quality and
performance differences in terms of risk minimization that the City can
understand and what benefits the option will provide to the user. Do not
provide brochures or marketing pieces.
(5) Bidder is to provide a summarized phasing plan for all 4 construction
phases including Alternates 1 and 2.
(6) Provide a Preliminary Project Schedule.
BID NO: 26-06/07
DATE: 01/24/07
CITY OF MIAMI BEACH
44
E. BID PRICE
Bidders are required to submit their bid price lump sum using the forms found
on pages 64, and the breakdown of the lump sum on page 65 herein. Bidders
are to submit these forms in a sealed envelope and label the envelope as "Bid
Price". Please DO NOT PLACE YOUR COMPANY's NAME on the price
proposal sealed envelope. The RAP and Preliminary Project Schedule shall be
submitted in a separate sealed envelope and this envelope may be labeled with
your company's name. The Bid Price shall be evaluated and ranked at the end
of the TECHNICAL REVIEW PANEL Meeting and the score added to Phases I
and II to arrive at a final score for each bidder.
BID NO: 26-06/07
DATE: 01/24/07
CITY OF MIAMI BEACH
45
00315. BEST VALUE PROCUREMENT ATTACHMENTS AND FORMS
ATTACHMENT 1
Detailed Instructions on How to Prepare a Reference List and How to
Prepare and Send Performance Surveys
Overview
The objective of this process is to identify the past performance of a contractor and key
components of their team. This is accomplished by sending survey forms to past customers. The
customers will return the forms directly to the City, and the ratings will be averaged together to
obtain a contractor's past performance rating. The figure below illustrates the survey process.
Vendor or Individual r
SendIFax
Surveys to
past clients
Call to
Confinn
Prepare & Email
Reference List
l
~
r
~ Ore,,,
I F~~e City
CLIENT
Past Customers J--
The City
Compiles
Infonnation
Figure 1: Survey Process
A. Creating and Submitting a Reference List
1. All key components must create a list of past users that will evaluate their past performance.
This will be referred to as a "Reference List". The Reference List Excel file can be
downloaded from RFP Depot under ITB-26-06/07 or can be sent to you via E-mail, please
send an E-mail to romanmartinez(O>.mimaibeachfl.aov requesting the file.
BID NO: 26-06/07
DATE: 01/24/07
CITY OF MIAMI BEACH
46
2. The key components may be different for each project. If you are proposing on a specific
project, please make sure to find out what the critical components are for that proiect. The
following are the key components to be used for this bid:
Key Component Minimum Number of Maximum Number of
Surveys allowed Surveys allowed
The Contractor 1 25
The Construction Proiect Manager 1 10
The Construction Superintendent 1 10
3. The Contractor is responsible for selecting their team and for the performance of their team.
We recommend that the Contractor use high performing individuals (Le. project manager, and
any other individuals required on a particular project).
4. The maximum number of past projects that will be given credit, is 25 (twenty-five) for each
Contractor, and 10 (ten) for each individual (PM, etc.). The minimum number of past projects
is 1 (one) for each key component. Credit will be given to vendors with more high performing
surveys.
5. The reference list should include the firms/individuals "best" projects. Credit will be given to
Contractor / individuals with more high performing surveys.
6. The Reference List must include the following (All fields are reauired! If you do not submit all
the information required, there will be no credit given for the reference):
CODE A unique (different) number assigned to each project
FIRST NAME First name of the person who will answer customer satisfaction questions.
LAST NAME Last name of the person who will answer customer satisfaction questions.
PHONE NUMBER Current phone number for the reference (including area code).
FAX NUMBER Current fax number for the reference (including area code).
CLIENT NAME Name of the company or institution that the work was completed for (i.e.
Cactus School District, Rock Industries, City of Austin).
PROJECT NAME Name of the project (Bird High School A-Wing, Warehouse B, etc.).
DATE COMPLETED Date when the project was completed. (i.e. 5/31/1995)
[MM/DD/YYYY]
COST OF PROJECT Awarded cost of project ($50,000)
7. The data in the reference list must be submitted via fax to Roman Martinez at 305-673-7851
and in electronic format on a MS Excel spreadsheet file. The file must also be emailed to
Roman Martinez at romanmartinez@miamibeachfl.aov . (The format of the file is shown in Figure
2).
8. The Contractor is responsible for verifying that their (and their key components) information is
accurate prior to bid submission.
9. The reference list must contain different proiects. You cannot have multiple people evaluating
the same iob. However, one person may evaluate several different jobs.
BID NO: 26-06/07
DATE: 01/24/07
CITY OF MIAMI BEACH
47
5/1512000
618/1999
716/1980
612/1995
1 /512002
5/412003
712/1990
81212003
$36,589
$452,389
$12,648
$154,893
$15,648
$4,865,923
$456,876
$159,764
Figure 2: Example of Reference List
10. The past projects (on the reference list file) do not have to be similar to the type of project
being bid.
11. The past projects must be completed past proiects (no on-going or substantially complete
projects).
12. The past client/owner must evaluate and complete the survey.
13. All key components must submit their reference list in separate excel files. There must be a
separate excel file for each company and individual participating in the process. Name the file
by the company name or the individual name. Figure 3 shows a sample of the excel files that
must be emailed to the client.
ABC Contracting - Reference List. xis
II Mark McGraw (Project Manager) - Reference List. xis
.Pam Hamilton (Site Super) - Reference List.xls
II Spark Electrical Contractors - Reference List.xls
. Bob and Sons Mechanical Contractors - Reference List. xis
@]
Email Reference
lists to the client.
Figure 3: Submit separate excel files for each component
14. Each key component should inform their past clients about the survey and the deadline for
submission of the information. The client may contact the references for additional
information. If the reference cannot be contacted, there will be no credit given for that
reference.
15. Each Excel file will have two tabs (see Figure 4 below). One tab contains the reference list
information (discussed above), and the second tab contains the company or individual profile.
The profile tab contains information about the key component (Contractor or individual). Fill
out the company information if the excel file is for the Contractor or Individual. Fill out the
individual information if the excel file is for an individual. DO NOT fill out both sections in one
excel file. (Remember: each component will have their own excel file).
BID NO: 26-06/07
DATE: 01/24/07
CITY OF MIAMI BEACH
48
Figure 4: Example of the Profile tab.
This tab contains information about the key component (whether it is an individual or firm)
B. Preparing the Surveys
1. Each key component is responsible for sending out a survey questionnaire to each of their
past clients. The survey questionnaire is provided in this document.
2. Each key component should enter the Survey 10 (Code), past clients contact information, and
project information on each survey form for each reference. The team member should also
enter the name of the firm and/or individual being surveyed.
3. All the information on the survey form must match the reference information in the excel file
(see Figure 5).
BID NO: 26-06/07
DATE: 01/24/07
CITY OF MIAMI BEACH
49
)
Survey Questionnaire
.'..0:-.-----. PhlfMCGllr.-.-...-.........- ....... .......~.u_....._m.__.._.._
-------.---....(Ns.me..of"pii,",scir;..comiii€iU,ig..slirveljr...................................................................................................................................................................
..._[~?~f~~iiQi
mmj
.]:.:~~.~.~.~~~?.~~~...:...::......:..:....:.:...........:...:....:.::.:..:.:::.:..:..
b.e_~L_..P._<il.~LP..~r.fQr!!.l<il~_~~_~~rY~lgf:__...f.I:~.~.................................................................................................................................................................!
...00 ...... mmmmm...Jty~f1!.~.o.tC?!nyP..a..n.YL .
....~.~.r..~..~.~~.r..~~..W.~11...~.~.~~...!:!.~.~!.~.I!.c>,.!~J~.~L..................................................J
..00000000_00.00_ .IN.~fY!.~gUn.diy.!<!.I!f!l~l moo. . ..... ...m.m........~
A Client is implementing a process that collects past performance information on firms and their key
personnel. The information will be used to assist the client in the selection of firms to perform various
projects. The firm/individual listed above has listed you as a client for which they have previously
performed work on. We would appreciate your taking the time to complete this survey.
Rate each of the criteria on a scale of 1 to 10, with 10 repres!mting that you were very satisfied (and
would hire the firm'individual again) and 1 representing that you were very unsatisfied (and would never
hire the firm'individual again). Please rate each of the criteria to the best of your I<.nowledge. If you do
not have sufficient I<.nowledge of past performance in a particular area, leave it blank
i City of Mesa :
oJec am e: 1...C"afefe.ii"a..iii"1..........................................................................................................................................,
...!.?)~~~:~~~~.I~~I.~~:~~~:~:.]::!.!~!:~:~:~~:::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::1
CRITERIA
Ability to manage the project cost (minimize change orders)
Figure 5: Example of Survey Form. The information must match the excel file.
To save work in the future, list all key individuals on the survey that participated on the project.
4. If a reference will be evaluating several team members (such as the PM), please list all of the
members on the survey form to get credit for all the areas (as shown in Figure 5).
5. Do not list more than one individual for the same position (Le. if Joe Smith was a PM on the
project, you cannot list another individual as a PM on that same project).
BID NO: 26-06/07
DATE: 01/24/07
CITY OF MIAMI BEACH
50
6. Each key component is responsible for making sure that their past clients receive the survey,
complete the survey, and return the survey back to the City. The survey must be sent directly
from the past client to the City oryour survey will not receive credit. Be sure to indicate to
your clients the due date when the survey should be faxed in to the City.
7. The City may contact the references for additional information or to clarify survey data. If the
reference cannot be contacted, there will be no credit given for that reference.
BID NO: 26-06/07
DATE: 01/24/07
CITY OF MIAMI BEACH
51
ATTACHMENT 2
G MIAMIBEACH
City of Miami Beoch, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.gov
PROCUREMENT DIVISION
Tel: 305.673.7490 ,Fax: 305.673.7851
January 24, 2007
To:
(Client's Name)
Individual Providing the Survey Response:
Phone:
Fax:
E-mail:
Subject: Performance Evaluation of
(Construction firm and/or Project Manager/Superintendent)
Number of pages including cover: 2
To Whom It May Concern:
The City of Miami Beach has implemented a process that collects past performance
information on various Contractors that have the qualifications, experience and successful
project completions on past municipal and priyate construction projects. The information
will be used to assist City of Miami Beach in the selection of qualified firms that can
provide Construction Improvements for the City of Miami Beach South Pointe Park (South
Beach).
The company listed in the subject line has chosen to participate in this program. They
have listed you as a past client that they have done work for. Both the company and City
of Miami Beach would greatly appreciate you taking a few minutes out of your busy day to
complete the accompanying questionnaire.
Please review all items in the following attachment and answer the questions to the best
of your knowledge. If you have difficulty or cannot decipher the question's meaning,
please provide your best judgment as to it's understan~}.~~tC~~S,.~~~~~..,...accordingly.
Please return this Questionnaire to Roman Martinez bvEelir:aatV2Q~(2eI7 or earlier
by fax: 305.673.7851; or e-mail romanmartinez@miamibeachfl.aov
Please proYide one Survey for the Contractor and one Survey for the Construction Project
Manager or Construction Superintendent who directly worked on your project.
Thank you for your time and effort.
Gus Lopez, CPPO
Procurement Director
BID NO: 26-06/07
DATE: 01/24/07
CITY OF MIAMI BEACH
52
)
m
~
MIAMIBEACH
City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.gov
PROCUREMENT DIYISION
Tel: 305.673.7490 ,Fax: 305.673.7851
PERFORMANCE EVALUATION SURVEY
D Contractor (Bidder)
D
(Check one)
Construction Project Manager and/or Construction Superintendent (Individual)
Name of Above
Phone or e-mail of above Consultant or Individual:
Please evaluate the performance of the Contractor's firm and/or Construction Project Manager and/or
Construction Superintendent (10 means you are very satisfied and have no questions about hiring them
again, 5 is if you don't know and 1 is if you would never hire them again because of very poor
performance).
NO
1
2
3
4
CRITERIA
5
6
7
8
Overall Comments:
UNIT
(1-10)
(1-10)
(1-10)
(1-10)
(1-10)
1-10
(1-10)
(1-10)
Agency or Contact Reference Business Name:
Contact Name:
Contact Phone and e-mail:
Date of Services:
Dollar Amount for Services:
PLEASE FAX THIS QUESTIONNAIRE TO ROMAN MARTINEZ AT 305.673.7851
BID NO: 26-06/07
DATE: 01124/07
CITY OF MIAMI BEACH
53
ATTACHMENT 3
Risk Assessment Plan Guide
Introduction
The purpose of the Risk Assessment Plan (RAP) is to capture the contractor's ability to
preplan (identify the risks on a future project in terms of cost ($), time, and client
expectation of quality and performance). The RAP is used to:
1. Assist the client in prioritizing firms based on their ability to understand the risk of a
project.
2. Provide high performing vendors the opportunity to differentiate themselves due to their
experience and expertise.
3. Giving the competitive edge to experienced companies who have done the type of work
before, who can see the job from beginning to end, and who know how to minimize the
risk.
4. Provide a mechanism for the high performers to regulate the low performers by ensuring
that if they are not selected, the selected company will minimize the risk and provide the
client with a comparable performance.
The RAP document or portions thereof. submitted bv the successful bidder may be
included within the contract documents. The City of Miami Beach reserves the riaht
to accept or reiect any of the risk items and/or the cost associated with each risk
item identified. Additionallv. the successful bidder will be reQuired to submit a
iustification of the cost associated with any of the proposed risks in their Risk
Assessment for analysis bv the City upon reQuest.
In addition to the above. the risks identified on the Risk Assessment Plans or
portions thereof. of the unsuccessful bidders may become part of the Quality
Control Plan that will be prepared bv the successful bidder as a result of
neaotiations with the City.
RAP Plan Format
The format for the RAP is attached. The RAP should clearly address the following items
in a non-technical manner:
1. List and prioritize major risk items or decisions to be made that are unique to this project.
This includes items that may cause the project to not be completed on time, not finished
within budget, generate any change orders, or may be a source of dissatisfaction for the
City. Attach a cost ($), time extension, or quality differential for every risk.
2. Explain how the Contractor will avoid / minimize the risk. If the contractor has a unique
method to minimize the risk, it should be explained in non-technical terms.
3. Propose any options that could increase the value (expectation or quality) of their work.
List any value or differential that the contractor is bringing to the project.
4. Attach a Preliminary Project Schedule.
No names!!! - In order to minimize any bias by the TECHNICAL REVIEW PANEL, the
RAP must not contain ANY names (such as contractor, manufacturer, or designer
BID NO: 26-06/07
DATE: 01/24/07
CITY OF MIAMI BEACH
54
names, personnel names, project names, product names, or company letterhead). The
RAP should not contain any marketing information.
Length - The City's goal is to make the selection process as efficient as possible.
Efficiency is to minimize the effort of all participants, especially those who will not get the
project. Therefore, the RAP should be a brief, well organized and concise. The RAP must
not exceed 2 pages, does not include the preliminary project schedule or the phasing
plan, these are additional.
Font size - The font should be no smaller than 12 point.
Oraanization - Outline format. The attached format is only a sample.
Impact of Risks
Risks are any items that you should be concerned with throughout the entire project.
They are the most critical items that can impact the cost, time, or quality expectation of
the client. The risks should be prioritized, or listed in order by the greatest risks at the
top to the lowest risk in descending order. Each risk should have a cost and/or time
concern. If the risk has cost implications, the actual estimated cost should be listed. If it
has time concerns, the number of days should be listed.
Ratina of Risk Assessment Plans
The RAP will be rated by the TECHNICAL REVIEW PANEL assigned to this project.
Rating criteria will be:
1. The understanding and minimization of risks.
2. Contractor's differentiation of their value.
3. The Preliminary Project Schedule.
Checklist for Risk Assessment Plan
1. Are all names removed from the RAP: personal, project, or company names?
2. Does every risk have a cost or time attached to it?
3. Are risks listed, high impact risks? (Do not list risks that you can easily handle unless you
perceive others are not doing it)
4. Does the RAP include all service, quality control processes; documentation that you do
that your competition does not.
5. Are you including Public Relation risks such as interfacing with project managers, users of
the facility, or audit/inspection personnel?
6. Do you have a preliminary project schedule?
7. Does your RAP plan differentiate you? By how much?
8. Can your RAP plan make a non-technical person comfortable with hiring you?
9. Did you number the pages of the risk assessment plan?
10. Did you print 1 original and 1Q copies of your RAP and enclosed them in a sealed
envelope?
If all items are checked, your risk assessment plan is ready to submit.
BID NO: 26-06/07
DATE: 01/24/07
CITY OF MIAMI BEACH
55
ATTACHMENT 4
Risk Assessment Plan Format
Please prioritize the risks (list the greatest risks first). Indicate the potential impact to
project cost (in terms of $), and/or schedule (in terms of calendar Days). You may
add/delete the risk tables below as necessary.
Maior Risk Items
Risk 1:
Impact:
Solution:
Schedule
________m (Days)
Risk 2:
Impact: Cost ($)
Solution:
Risk 3:
Impact: Cost ($)
Solution:
Risk 4:
Impact: Cost ($)
Solution:
Schedule
(Days)
Risk 5:
Impact: Cost ($)
Solution:
Risk 6:
Impact: Cost ($)
Solution:
Risk 7:
Impact: Cost ($)
Solution:
Risk 8:
Schedule
(Days)
Schedule
(Days)
BID NO: 26-06/07
DATE: 01/24/07
Schedule
(Days)
Schedule
(Days)
Schedule
(Days)
CITY OF MIAMI BEACH
56
Impact: Cost ($)
Schedule
(Days)
Solution:
Risk 9:
Impact:
Cost ($)
Schedule
(Days)
Solution:
Risk 10:
Impact: Cost ($)
Schedule
(Days)
Solution:
Value Added Options or Differentials (what YOU will do that the others do not)
Vendors should identify any value added options or differentials that they are proposing,
and include a short description of how it adds value to the project. Identify if the items will
increase or decrease project schedule, cost, or expectation. You may add/delete the
value tables below as necessary.
Item 1:
Impact:
Cost ($)
Schedule
(Days)
Item 2:
Impact:
Cost ($)
Schedule
(Days)
Item 3:
Impact: Cost ($)
Schedule
(Days)
Item 4:
Impact:
Cost ($) Schedule
(Days)
Attach a Preliminary Proiect Schedule
Provide a Summarized Construction Phasina Plan
Phases I-IV, including Alternates 1 and 2
BID NO: 26-06/07
DATE: 01/24/07
CITY OF MIAMI BEACH
57
ATTACHMENT 5
Interview of Key Personnel
Introduction
The purpose of the interview is to rate the following of key individuals in their respective
areas:
1. How well they see the project, from beginning to end.
2. Can they pick out and prioritize the critical points (risk) in terms of time and cost, and
have they preplanned for them.
3. Can they continuously improve.
4. Can they measure their own performance.
5. Can they minimize change orders, additional charges, and customer dissatisfaction?
6. Bidder is to provide a summarized phasing plan for all 4 construction phases including
Alternates 1 and 2 and should be ready to discuss their project approach with the
TECHNICAL REVIEW PANEL. Upon bidder selection the selected will be required to
provide as part of their quality control plan, a detailed phasing plan for the totality of
the project.
Format
The key personnel shall be evaluated by the TECHNICAL REVIEW PANEL during its
meeting(s), and should be prepared to attend if invited to provide a presentation. The
interview will cover the above points. They will be questioned by the TECHNICAL
REVIEW PANEL and other individuals who may include the procurement staff and
personnel from several City user Departments such as CIP, Public Works and Parks and
Recreation.
BID NO: 26-06/07
DATE: 01/24/07
CITY OF MIAMI BEACH
58
fl
~ {
'1
I
00400. BIDITENDER FORM
Submitted:
February 20, 2007
Date
City of Miami Beach, Florida
1700 Convention Center Drive
Miami Beach, Florida 33139
The undersigned, as Bidder, hereby declares that the only persons interested in this bid
as principal are named herein and that no person other than herein mentioned has any
interest in this bid or in the Contract to be entered into; that this bid is made without
connection with any other person, firm, or parties making a bid; and that it is, in all
respects, made fairly and in good faith without collusion or fraud.
The Bidder further declares that it has examined the site of the Work and informed itself
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 furnished before the opening
of the bids, as acknowledged below; and that it has satisfied itself about the Work to be
performed; and that it has submitted the required Bid Guaranty; and all other required
information with the bid; and that this bid is submitted voluntarily and willingly.
The Bidder agrees, if this bid 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:
INVITATION TO BID (ITB) 26-06/07
FOR CONSTRUCTION IMPROVEMENTS FOR THE CITY OF MIAMI BEACH SOUTH
POINTE PARK (SOUTH BEACH)
The Bidder 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 bid
price plus alternates, if any, and to furnish the required Certificate(s) of Insurance.
The undersigned further agrees that the bid guaranty accompanying the bid shall be
forfeited' if Bidder fails to execute said Contract, or fails to furnish the required
Performance Bond and Payment Bond or fails to furnish the required Certificate(s) of
Insurance within fifteen (15) calendar days after being notified of the award of the
Contract.
In the event of arithmetical errors, the Bidder agrees that these errors are errors which
may be corrected by the City. In the event of a discrepancy between the price bid in
BID NO: 26-06/07
DATE: 01/24/07
CITY OF MIAMI BEACH
59
figures and the price bid in words, the price in words shall govern. Bidder agrees that any
unit price listed in the bid is to be multiplied by the stated quantity requirements in order to
arrive at the total.
Acknowledgment is hereby made of the following addenda (identified by number)
received since issuance of the Project Manual:
Addendum No. 1
Addendum No.2
Addendum No.4
Addendum No.5
Addendum No.3
Attached is a Bid Bond [V'] , Cash [ ], Money Order [ ], Unconditional Letter of Credit [ ],
Treasurer's Check [ ], Bank Draft [ ], Cashier's Check [ ], or Certified Check [ ]
No. Bank of for
Five Percent
Dollars ($
5%
).
the sum of
The Bidder shall acknowledge this bid by signing and completing the spaces provided
below.
Name of Bidder:
Magnum Construction Management Corp. d/b/a MCM Corp.
City/State/Zip:
6201 SW 70th Street, Second Floor
Miami, Florida 33143
Telephone No.:
305.541.0000
Social Security
No. or Federal
I.D.No.: 59-2373403
Dun and
Bradstreet No.:
118604537 3A-2
(if applicable)
If a partnership, names and addresses of partners:
N/A
BID NO: 26-06/07
DATE: 01/24/07
CITY OF MIAMI BEACH
60
(Sian below if not incorporated)
WITNESSES:
(Sian below if incorporated)
lh0-Qsecreta~
" \ \ \ \ \ I ! II Ii! ,',
""'~\~;\i\\ON Md~,/>,
",~~ \"'o..~(". ~~ ..~-,.;~~! ,,:-'.'.
.. ';;:;;:.).' ov;,.,?O,-r.,p.-. '/"",,
~~g~l~~e:'~)
....~$ ......>1.".
:: ~ ~ 1983 : c.':, ;:
~ 7s> ... / ~(.'-:). '+...
... ~ . ~I (',\,,-. " .,
'" ~ . ' <. OP\v' ." . ,',
'";,. _ .'1(>... :....s4l<< ~.~:_>
'/ 1,'"
"'/ 10'\ ~
IIi/II n\\\\'
(Type or Print Name of Bidder)
(Signature)
(Type or Print Name Signed Above)
Magnum Construction Management Corp.
d/b/a MCM Corp.
(Ty e or Print Name of Corporation)
Jorge Munilla, President
(Type or Print Name Signed Above)
Incorporated under the laws of the State of: Florida
BID NO: 26-06/07
DATE: 01/24/07
CITY OF MIAMI BEACH
61
THE AMERICAN INSTITUTE OF ARCHITECTS
AlA Document A310
BID BOND
KNOW ALL MEN BY THESE PRESENTS, that we
M.C.M. Corp.
as Principal, hereinafter called the Principal, and
Travelers Casualty and Surety Company of America
a corporation duly organized under the laws of the State of Connecticut
as Surety, hereinafter called the Surety, are held and firmly bound unto
City of Miami Beach, Florida
as Obligee, hereinafter called the Obligee, in the sum of Five Percent of Amount Bid-Dollars ($--5%--),
for the payment of which sum well and truly to be made, the said Principal and the Surety, bind ourselves, our heirs,
executors, administrators, successors and assigns, jointly and severally, firmly by these presents.
WHEREAS, the Principal has submitted a bid for
Construction Improvements for the City of Miami Beach South Pointe Park (South Beach) Invitation to
3id No. (ITB) 26-06/07, Miami Beach, Florida
NOW, THEREFORE, if the Obligee shall accept the bid of the Principal and the Principal shall enter into a Contract with the Obligee in
accordance with the terms of such bid, and give such bond or bonds as may be specified in the bidding or Contract Documents with
good and sufficient surety for the faithful performance of such Contract and for the prompt payment of labor and material furnished in
the prosecution thereof, or in the event of the failure of the Principal to enter such Contract and give such, PPl)d or bonds, if the
Principal shall pay to the Obligee the difference not to exceed the penalty hereof between the amount s~Clft~d*,~id~bid and such
larger amount for which the Obligee may in good faith contract with another party to perform the Work~.0~e'~d.'b:~!,5~j~:~, then this
obligation shall be null and void, otherwise to remain in full force and effect. ;~::-:,;:.>, "(),:,'; O,i:~;';;'~\~'~,::.
.'C..52> " " ',,\ .,,'
{~'l;!:~..2>>7
, '. . d ,,' (Seal)
.!4~t., <.,.,~'
;',lift<, ~ \l\\
Signed and sealed this 20th
day of
February
~l.
-
~ -4~~
(Witness)
~(1/~NLA
(Witness)
Printed in cooperation with the Amarican Institute oi Architects (AlA) by CANF&D . CANF&D vouches that the language in this document conforms exactly to the language used in AlA Document A310
Bid Bond - AlA. February 1970 ED - THE AMERICAN INSTITUTE OF ARCHITECTS. 1735 NEW YORK AVE., N.W.. WASHINGTON. D. C. 20006.
POWER OF ATTORNEY
WARNING: THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER
" TRAVELERS
Farmington Casualty Company
Fidelity and Guaranty Insurance Company
Fidelity and Guaranty Insurance Underwriters, Inc.
Seaboard Surety Company
St. Paul Fire and Marine Insurance Company
Attorney-In Fact No.
218020
SI. Paul Guardian Insurance Company
St. Paul Mercury Insurance Company
Travelers Casualty and Surety Company
Travelers Casualty and Surety Company of America
United States Fidelity and Guaranty Company
Certificate No. 0 0 13 0 3 3 6 0
KNOW ALL MEN BY THESE PRESENTS: That Seaboard Surety Company is a corporation duly organized under the laws of the State of New York, that SI. Paul
Fire and Marine Insurance Company, SI. Paul Guardian Insurance Company and SI. Paul Mercury Insurance Company are corporations duly organized under the laws
of the State of Minnesota, that Farmington Casualty Company, Travelers Casualty and Surety Company, and Travelers Casualty and Surety Company of America are
corporations duly organized under the laws of the State of Connecticut, that United States Fidelity and Guaranty Company is a corporation duly organized under the
laws of the State of Maryland, that Fidelity and Guaranty Insurance Company is a corporation duly organized under the laws of the State of Iowa. and that Fidelity and
Guaranty Insurance Underwriters, Inc. is a corporation duly organized under the laws of the State of Wisconsin (herein collectively called the "Companies"), and that
the Companies do hereby make, constitute and appoint
Charles D. Nielson, Charles J. Nielson, Mary C. Aceves, Warren M. Alter, and David R. Hoover
of the City of Miami Lakes , State of Florida , their true and lawful Allomey(s)-in-Fact,
each in their separate capacity if more than one is named above, to sign, execute, seal and acknowledge any and all bonds, recognizances, conditional undertakings and
other writings obligatory in the nature thereof on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of
contracts and executing or guaranteeing bonds and undertakings required or perlllitted in any llctions or proceedings allowed by law.
'N WITNESS WHEREOF, the Companies have caused this instrument to be signed and ..th~.ifcorporate seals to be hereto affixed, this
d f November 2006,' . ...
~o ,.
17th
Farmington Casualty Company
Fidelity and Guaranty InstJranc~ Compaqy
Fidelity and Guaranty Insurance Underwriters, Inc.
Seaboard Surety Company
SI. Paul Fire and Marine Insurance Company
o
~
State of Connecticut
City of Hartford ss.
SI. Paul Guardian Insurance Company
St. Paul Mercury Insurance Company
Travelers Casualty and Surety Company
Travelers Casualty and Surety Company of America
United States Fidelity and Guaranty Company
~~~~~~....
~..,.. .....10".,
I :....~o..'oR~,.i.... '" \
fZ: -- :Oi
\~:...S~AL/r
0-;.... .....,.,.
~"'....;....,..~
By:
. 17th November 2006
On thiS the day of , before me personally appeared George W. Thompson, who acknowledged
himself to be the Senior Vice President of Farmington Casualty Company, Fidelity and Guaranty Insurance Company, Fidelity and Guaranty Insurance Underwriters,
Inc., Seaboard Surety Company, SI. Paul Fire and Marine Insurance Company, SI. Paul Guardian Insurance Company, SI. Paul Mercury Insurance Company, Travelers
Casualty and Surety Company, Travelers Casualty and Surety Company of America, and United States Fidelity and Guaranty Company, and that he, as such. being
authorized so to do, executed the foregoing instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer.
~'1 Witness Whereof, I hereunto set my hand and official seal.
iy Commission expires the 30th day of June. 20 II.
58440-8-06 Printed in U.S.A.
'\f\w c. j~
'- Marie C. Tetreault. Notary Public
WARNING: THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER
00405. CITY OF MIAMI BEACH LICENSES. PERMITS AND FEES:
Pursuant to the Public Bid Disclosure Act, each license, permit or fee a Contractor will
have to pay the City before or during construction or the percentage method or unit
method of all licenses, permits and fees REQUIRED BY THE CITY AND PAYABLE TO
THE CITY by virtue of this construction as part of the Contract is as follows:
"City of Miami Beach Master Permit Fee and applicable Major Trade Permit fees
(i.e. Mech., Plumbing, Elec., and Fire) are waived. Any other permit fees not
directly related to the actual construction of the project (i.e. Permits for
dumpsters, Job trailers) are not waived"
"Licenses, permit and fees which may be required by Miami-Dade County, the
State of Florida, or other governmental entities are not included in the above list"
Following this page please find a listing of permits that will be required for this
bid.
1. Occupational licenses from City of Miami Beach firms will be required to be
submitted within fifteen (15) days of notification of intent to award.
1. Occupational licenses will be required pursuant to Chapter 205.065 Florida
Statutes.
NOTE: a) If the contractor is a State of Florida Certified Contractor the
followina will be required:
1) Copy of State Contractors Certification
2) Place of Business Occupational License
3) Liability and Property Damage Insurance Certificate made to City
of Miami Beach
4) Workers compensation or the exemption
b) If a Dade County Licensed Contractor:
1) Dade Certificate of Competency in the Discipline Licensed
2) Municipal Contractors Occupational License
3) Liability and Property damage Insurance Certificate made to City
of Miami Beach
4) Workers Compensation or the exemption
NOTE: PLEASE PROVIDE COPIES OF ALL YOUR LICENSES AND
CORPORATE CERTIFICATES WITH YOUR BID RESPONSE
BID NO: 26-06/07
DATE: 01124/07
CITY OF MIAMI BEACH
62
South f'Ointe Park Pennilling Matrix
Prepared by Coastal Systems and Hargreaves _ates
A n
FlOOda D"Ilarlmelllof Environmental
Protection
Note: General Contractor responsible for
all permits applicable to the project. This
spreadsheet provides a status of current
permits in process.
T 01 Parmlt Date of Com Ie\od
CCCL Permtt (Coastal Consauctl"") 2O.f_
Environmantal Resource Pe<<nIt
(ERP-5tormwaW)
Nallonat PoluUmlllis<:lJarge
Elmi",,_ System (NPDl'.S)
Paid
RAls"brnlUed on May 11. 2006
21-JunoOO
10-May-06
ll}-May-OO
DEI' Deepwater InjllctlM Well Permrt 'c1pa\ed submittal 10 Dl'.P week of TBO
0<:116
Florida Flsb and Wildlile ConservaUon Outdoor fighting approval (required 14-Apr.Q6
Commission lor issuance 01 CCCL and lOR!'
permllll)
18-Apr-06
Miami-Dade County Dapanmenl 01 wan FOIIn Ravlaw caUoo
Environmental Resources Management Notice of inlanf Ill..... general parmil fillld
(OERM). Raqu~ed for CMB for oonstru<ltion 01 water main
pannll approval axtall$lon li:>r Pws.. (HRS and 0101')
Miami Dado Waw and Sewer
Required for CMB parmil approval
florid. Building Comnlis........
Dapert...anl 01 Community Mai'"
CIty of Miamllleach Pannils
BID NO: 26-06/07
DATE: 01/24/07
l-Jun-06
TBO
S.......r C.""Clty Certlticauon Lettar
Ileallon
Tree Removal Pennil 25-May-06
ADA Wlli~
StructUral
Aocesslblll
E _
13-$ep-06 TBO
TBO
Upon lllviaw of dlawing$ by OERM:
O<awlngs will be subrnllled 10 WASIl;
Impact tfle 10 be paid il applic8l>la. Will
"",,"va compliance lelter (89-95)
!'lIed 9/2llI06
OERMlWASA
I needed
RM
CITY OF MIAMI BEACH
63
Permu approved PrecoostnJctlon
6121106 mealing: $UbmU pre-
oonstructlon notice 10 Commonter1lent Notice;
DEI'; tOf1lllO'llry Annual status report (rollOWlng
erosion wnlrol June 01...."" year unUI
_rOll In ace co I
Permu approve<! May All SWPPP prolOCll4s Maintenance of Stormwater
10. Coa$t.al Systllrns in pIaco. PoIIullon Pre_tlm Plan
9 lhe (SWPPP)
planwhic:l1
kepl OI1olle
structlon
S3001
Paid
S3001
Paid
NlA
NlA
S2501
Paid
A ved
Approved 7/26106
NlA In procassI submitted
toOERM
$7021.00 In procassIsubmill8<l
Bond 10 OERM
Pending CERM
review.
NlA
Inf"ll<lOOSO
roved
Requll'llnlents
before Conetructlon
Praoonslructlon
Mooting. cornplated
OIl August 23, 2006
ntractor to finallzo
obtain
Parmi! Fee 10 00
determined; City of
Miami 8eac:11 fees
are waived. but
(llha", may 8lld aPtlly
1011312006
Requll'llnlenll_ng
construction
monthly repo/lS (every 30 days
fullowlng comm","",n"',~ at
conslJUclJoo aOlMU..
pennils
STATE OF FLORIDA
DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION
CONSTRUCTION INDUSTRY LICENSING BOARD
1940 NORTH MONROE STREET
TALLAHASSEE FL 32399-0783
(850) 487-1395
MUNILLA, JORGE
M C M CORP
6201 SW 70TH ST 2ND FLOOR
MIAMI FL 33143
8. ... S...T.. ATE.. OF.... .FLOR......IDA. .... AO#.2.760969
. DEPARTMENT. OF BUSINESS AND
. PROrESSIORAL REGULATION
CGC023934
08/29/06 067009500
CERTIFIEDG~RAL CONTRACTOR
MUNILLA,,J'OR$B'
M eM COR!>;....
IS.CBRTIP'IED under t".provia1o.... OfCh,48~ Pl.!.
\.. ilxpiratiOl1<1ate. AUG31, . 2008 ...L06.08i'02332 .
DETACH HERE
STATE: OF FLORIDA
. DEPARTMENT OF BUSINES$AND PItOFElSSIONAL REGULATION . ...
CQNST;aUC',l'IONINDUSTRYl!ICENSING BOARD SEQ#L06082902322
489 FS.
, ,-',. .,:. .,
~ItLA,).J'QR.GE
.of c M CORP...
6201 SW 70TH ST 2ND FLOOR
MIAMI FL 33143
JEB BUSH SIMONE MARSTILLER
GOVERNOR ~F.r.RF.TARV
I
I
18t.l-OAOECOUNTV
TAXCQL.L~CtOR
1'c4C) W. Ft..'GLEFfST.
14thfLOQR
-"AMI, FL.33130
2006 OCCUPATlqNAL LICENSE: TAX 2007
MIAMI-DADE COUNTY- STATE OF FLORIDA
EXPIRES SEpt 30, 2007
MUST BE DISPLAYEOATPLACE OF BUSIHESS
PURSUANT TO COUNTY CODE CHAPTER 8A - ART. 9 & 10
FIRST-cLASS
U.S. POSTAGE
PAlO
MIAMI, FL.
PERMIT NO. 231
149838-5
BUSINESS NAME I LOCATION
M C M CORP
6201 SW 70 ST
33143 SOUTH MIAMI
RENEWAL
LICENSE NO. 567835-5
CC # E971301
2fl
OWNER
MAGNUM CONST MANAGEMENT CORP
Sec. Type of Business
196 GENERAL ENGINEERING CONTRACTR
THIS IS AN OCCUPATIONAL
TAX ONLY. IT DOES NOT
PERMIT THE lICENSEE TO
, VIOLATE ANY EXISTING
REGULATORY OR ZONlllO
LAWS OF THE COUHTY OR
CITIES. NOR DOllS IT
EXEMPT THE UCEIlSEE
FROM AfI't OntER LICENSE
OR PERIllT REQUIRED BY
LAW. THIS /SHOT A
CERTlFICATlOH OF THE
lICENSEE'S QUAUFlCA.
fKlN.
WORKER/S
20
DO NOT FORWARD
M C M CORP
6201 SW 70 ST 2Fl
SOUTH MIAMI Fl 33143
. .~
f."
PAYMENT RECElV/:O
IiIIAMlo-DADE COUNTYTAX
COLLECTOR:
08/2412006
60060000245. .. .. ......... , ... i" !:;.:
:: (1 Q({tlO-4,5.. 00 f.uf tZ!! H! ~ H n! ~ 'u; 1: H!! i I! nit 1 f t; i H f: ~:! n! f! i! t i ~ d ~ i If
SEE OTHER SIDE
20Q6~i~Si: TAx: .... 2007
:S1'AtE OF FLORIDA
,~,2OQ7
MUST BE OlSflLAY .. .. ......Pt..'Ci:OF BUSINESS
PURSUANT TO. COUNTYCOPi:CHAPTER8A .. ART. 9 & 10
FIRST-CLASS
U.S. POSTAGE
PAID
MIAM~ FL.
PERMIT NO. 231
Tf--H;3 1"8 NOT /it 8!Lb~OO N(Yf PAY
149838-5
BUSINESS NAME I LOCATION
M C M CORP
6201 SW 70 ST
33143 SOUTH MIAMI
RENEWAL
UCENSE NO. 149838-5
STATE# CGC023834
2Fl
OWNER
MAGNUM CaNST MANAGEMENT CORP
See. Type of BUSiness
196 GENERAL BUILDING CONTRACTOR
TlfIS 15 AN OCCUPATIONAL
TAX ONLY. IT DOES'NOT
I'EAMlT Tl1E LICENSEE TO
VIOLATE ANY eXISTING
REGIlLATORY OR ZONING
LAWS OF THE COUNTY OR
CInES. NOR DOES IT
EXEMPT THE LICENSEE
FRO.. ANY OTHI:R lICENSE
OR PERMIT REQUIRED BY
LAW. tHIS IS NOT A
CERTIFICATION OF THE
lICENSEE'S QUALlFICA.
TION.
WORKERIS
10
DO NOT FORWARD
M C M CORP
6201 SW 70 ST 2Fl
SOUTH MIAMI Fl 33143
PAYMENT RECEIVED
~~OADECOUNTYTAX
cou..eCTOR,
08/24/2006
60060000246 ..........::."'" ", Ii
C ~') q ~ 045 . 00 ft : ~ i ~ : ! l1 ; ~ ! 1 ! ; ! i ; ! j 1 ! 11 ! i ~ ~ : J ~ t: : ; ~: ( , ! j ! i j t . ~ ~ ! J 1 ~ { ~ i ! ; : l t !
SEE OTHER SIDE
\ \ \\\\\~\
\ .' \\\
~
Florida Department of Transportation
JEB BUSH
GOVERNOR
605 Suwannee Street
Tallahassee, Fl 32399-0450
OENVER J. STUTl.ER. JR.
SECRETARY
.July 27, ~W06
Ma9num CO!"lstr.:uction Mana'Jement Corp.
dba .MCM Corp.
6201 SW 70 Street, 2nd n.Qor
l'1iami, FL 3314 3
.J UL {J7 2006
~111
~'" ;r \1,-. ..,.
.:v.,"'!..'.........' ,.vl":'.;_
~"""'" -, ....
'''-'-''-'-~';;*
fl.2: CERTIF'ICATE: OF QUALlFIC1\TlON
GenU. emen:
The Department of Transportation has qualified yoUr COIllpany for the amount
and the type of \<lork indicaU~d below. Unless your COmpi'T'',' is \1otifi ed
otherwise, this rating will expire ;!~~~ 30~_ 200~.
Please take notice that to ensure continuity in your certification at least
thirty (:30) days must be al1()\.ied for the prOCessing of your ne~!:. application
for qualification. In accordance with 5.337.14 (1) F.S. your next application
must be filed within (4) months of the ending date of the applican~'s audited
annual financial statements and, if applicable, the audited interim financial
statem.ents. To remain qualified with the Department, a new application mUst
besubtnitted subsequent to any significant change in the financial positiotl
or the stTuct;ure of your firm as descl,-ibed in Section 14-22.005(3), Florida
AdIninistrative Code.
MAXIMUM CAPACITY RATING: ~Z(2~2LQOC,QOO.09.
WORK CLASS RATINGS:
1. Major Bridges:
a. Bridges which include Bascule Spans..............................._-
b. Bridges ....,hich include Curved Steel Girders........................ ~--
c. Bridges with t.1ulti-Level Roadways................................ ._)L
d. Bridges of Concrete Segmr.:ntal Constr:uction....................... '_.~--
e. Br.idges which include Steel Truss Construction....................
f~ Bridges which include C{ible Stayed Corlstrllctio!l........... ..~.....
g. Bridges of convent ional const l:uction I^lhich are over a "later
opening of 1000 feet or mon;'~......... . . . . . . . . . . . . . . . . . . . . . . . . . . . .. X
2. Intermediate Bridqes (BridgE,S th2Jt contain none or the type of
construction listed under tv12Jjo:r Bridge.':' <"md spen .If'nqth!'' exceedi.ng
:.0 feet (center to (,;,mc:(~r of cap)...................................... X
3. Minor Bridges (Bridges with span lengths not exceeding 50 feet
(center to cent~r orca.p) and total lenqth not exceeding 300 reet.
A Minor Bridge shall not contain any types of construc:t.lon listed
under Major Bridgu$ or Tntennediate Bridges) . . .., . . . .. . . .. . .. . ...... .. .y-
4. Bascule Br~ dge Rehabi J j t "i~_ ton. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
S. Grading (Includes clearinq and grubbing, excavi:ll:ion, and embankment) .. ._L
6. D.r'ainage (Includes all storm dra:ins, pipe culverts, culverts, etc.)... '_0.>>
7. Flexible paving (Includes limerock and shell base and other optional
base courseS, soil.-cernented based, mixed-in-place bituminous paving,
bituminous surface tr'ear.rnent~s, and stabilizinq) . . . . . . . . . . . . . . . . . . .. . .. .~--
8. PortJ21nd Cement Concrete Paving.........................,...........,.. .-:JS_..
9. Hot Plant-t"lixed Bitum.i.nou~; Structural. and Surface Cours(,',':;. . . . . . . . . . . . . .
www.dot.stateJl.us
* RECYClfD PAPER
Magnum Construction Management Corp.
dbaMCM Corp.
aune 27, 2006
Pa<]e T~vo
:,;PECI1I.LTY CLASSES OE \tmRK:
~~_!:el~:':>.:iD-9!._g~E.".s!~_0:9.. and Soddi nq. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ., X
Please. be advised the Departlnent of Transportationha:, considered your
company's qualification in a11 ;'i()rK r.~lasses requested. i'IJe have evaluated
your company's organization, management, work experience, work performance
and adequacy of equipment as directed by section 14~22.0G3, E~orida
Administrative Code. Based on till::: evaluation, the IJcpartrnent is notable,
at this time, to prequalify your company for the \.mrk classes: r.i~jgr Br.;_~_dges
which i n ~l..~19 e__ S t.:c.t~.UE! s .s._~:'~!.r!:3~!::~l~;t:.ig'!!I!2.s-1:1- a n t_=l:li~_~~ t um i no U S S~_E1~.t2~>l~ r ~J..
:?:~~~.sL. Sur f Cl c e C-.2lJ.E~5!~._ F en_~;>iJ.lg_L..s?_t:~n~ r a ,iJ~L_J'~D.gt?S~.9E!:n q_~~~i'lLUs . Sign a 1 s ,
Camp ute r i Z. ed T r a f f i.s:...S;_<2.~.!:E.21....._~.y!?t_~ms L.._:gE.:i<:!~.R.9.A!~t:~Et.9., P a veme.:~t..t.1.9.E.~}_f!.9_L
Rod2_9:~~ Signing aD..s~~uildil~~g_.~7:0r:_::;tE~.s::.1_~9El. To become pJ:'e-qualified in the
class of Landsoaping theoontJ:'aotoJ:' shall pJ:'ovide suppoJ:'tivedooumentation
n~4dpc\ 1:0 obtairi. th.L:J ola~s of work.. PlsasE~ 'vi-,sit ww~.d.."t.st.ate.fl_.us/c::c""
adm1.njpJ:'equalified. foJ:' class J:'equiJ:'ements.. -.-- ._._--~----
You may apply, in writing, for a Revised Certificate of Qualification at anY
time prior to the expiration date of thL$ certificate acc()r.'ding to Section
14-22.0041 (3), Florida Adrd_nistrative Code. PleasE~ be advised if
certification in additional classes of work isdesiied, documentation is
needed to show that you:r COITlpany has done suc;h work with your own fo.rces ahd
equipment or that ~xperience \-,as gained vJith another contractor: and that you
hi3ve the necessary equipment for each additional class of work requested.
Also, refer to the note at the bottom of Paqe 16 of the Apptication for
Qualification when. supplying additional informatim'.
Sincerely yours,
~~~ /~
Juanita Moore, Manager
Contracts Administration Office
JM:r.s
12/:39
(S8E NOTES ON REVERSE SIDE)
00407. SCHEDULE OF PRICES BID
Consideration for Indemnification of CITY
$25.00
[ X ] Cost for compliance to all Federal and State requirements
of the Trench Safety Act*
[NOTE: If the brackets are checked or marked, the Bidder must fill out the
Trench Safety Act sheet, Page 38, Section 00540, to be considered
responsive.]
BID NO: 26-06/07
DATE: 01/24/07
CITY OF MIAMI BEACH
64
The attached bid form that follows was
submitted with MeM's bid submittal, final
negotiated bid price can found on page 85 of
this bid document.
00408. SCHEDULE OF PRICES BID
(Please provide this Bid Form in a Sealed Envelope)
CITY OF MIAMI BEACH
ITB NO. 26-06/07
CONSTRUCTION IMPROVEMENTS FOR THE CITY OF MIAMI BEACH
SOUTH POINTE PARK (SOUTH BEACH)
Our LUMP SUM BID AND ADD ALTERNATES includes the total cost for the work specified in this
bid, consisting of furnishing all materials, labor, equipment, supervision, mobilization, overhead &
profit required for Construction Improvements for the City of Miami Beach South Pointe Park, in
accordance with the Scope of Work and Specificationsl Drawings. I, 0'
Lump Sum Bid: $__~J..,'-'~2..~+QCQ
T~n::bt-:.1L~_ttillLoN__SJ(J1fo)~j)_~e.~~_~~Tb~i12l\As
Written Amount
Add Alternate No. 1 - Parking Lot Revision
*Allowance: $160,000.
One -Hundred-Sixtv Thousand Dollars
Written Amount
Add Alternate No.2 - Right-of-Way Extension
*Allowance: $450,000.
Four - Hundred Fiftv Thousand Dollars
Written Amount
*Note: The allowances provided for Alternates 1 &2 above are for bidding
purposes only. Actual cost for these 2 items shall be determined during contract
negotiations.
GRAND TOTAL:
Lump Sum plus Add Alternates:
l Llw,., ---r1(ee. 'l.
Written Amount
$_-2 Z. -J-3D~-l QX)
:ncu~f.Jt> t:>c> l \/)w'S
uction Management Corp. d/b/a MCM Corp.
TITLE/PRINTED NAME: _~~~!~e~.!i~~!Jl~_~~~~~________________________________
ADDRESS:_ 6201 ~W 7~~ Street~~~~nd Floo~Miam~ Flo~ida ~~.!.~~___________
TELEPHONE NUMBER:_~~.54..! .OOO~_______
FAU(:_305.541~977..!_______
BID NO: 26-06/07
DATE: 01/24/07
CITY OF MIAMI BEACH
65
Bidders are to provide the following price breakdown which shall be used for informational
purposes only.
Diyision Description Amount
01000 General Conditions $1.950.000
02200/30/31 Demolition/Site ClearinglTree Protection $500.000
02300/16/17 no Earthwork! Trenching & Backfill/Grading/Erosit $4,800.000
02315 Excavation & Fill (east of CCCL) $700.000
2500/02600 Water/Storm/Sanitary System $1.120.000
02666 Water Play Systems $575.000
02700 Pavements $415.000
02800 Landscape Elements $1.000.000
02900 Landscape Work $2.300.000
03000 Concrete $2.845.000
04000 Masonry $1.200.000
05000 Metals $195.000
06000 Woods & Plastics $390.000
07000 Thermal/Moisture Protection $300.000
08000 Doors & Windows $160.000
09000 Finishes $440.000
10000 Specialties/Signage $30.000
11000 Equipment $5.000
..12000 Furnishing $10,000
13000 Specialty Construction $1.450.000
14000 Conveying Systems ~
15000 Mechanical $370.000
16000 Electrical $713.000
Other $230.000
TOTAL BID $21.698.000
00410. BID GUARANTY FORM UNCONDITIONAL LETTER OF CREDIT
Date of Issue
Issuing Bank's No.
Beneficiary:
City of Miami Beach
1700 Convention Center Drive
Miami Beach, Florida 33139
Applicant:
Amount:
in United States Funds
Expiring:
(Date)
Bid/Contract Number
We hereby authorize you to draw on
at
(Bank, Issuer name)
by order of and for the account
(branch address)
of
(contractor, applicant, customer)
up to an aggregate amount, in United States Funds, of
available by your drafts at sight, accompanied by:
1. A signed statement from the City Manager of the City of Miami Beach, or his
authorized representative, that the drawing is due to default in performance of
obligations on the part of
agreed upon by and
(contractor, applicant, customer)
between City of Miami Beach, Florida and
(contractor, applicant, customer)
pursuant to the Bid/Contract No. for
(name of project)
Drafts must be drawn and negotiated not later than
(expiration date)
Drafts must bear the clause: "Drawn under Letter of Credit No.
of dated
(Bank name)
BID NO: 26-06/07
DATE: 01/24/07
CITY OF MIAMI BEACH
67
This Letter of Credit sets forth in full terms of our undertaking, and such undertaking
shall not in any way be modified, amended, or amplified by reference to any documents,
instrument, or agreement referred to herein or to which this Letter of Credit is referred or
this Letter of Credit relates, and any such reference shall not be deemed to incorporate
herein by reference any document, instrument, or agreement.
We hereby agree with the drawers, endorsers, and bona fide holders of all drafts drawn
under and in compliance with the terms of this Letter of Credit that such drafts will be
duly honored upon presentation to the drawee.
The execution of the Contract and the submission of the required Performance and
Payment Guaranty and Insurance Certificate by the
(contractor, applicant, customer)
shall be a release of all obligations.
This Letter of Credit is subject to the "Uniform Customs and Practice for Documentary
Credits," International Chamber of Commerce (1993 revision), Publication No. 500 and
to the provisions of Florida law. If a conflict between the Uniform Customs and Practice
for Documentary Credits and Florida law should arise, Florida law shall prevail. If a
conflict between the law of another state or country and Florida la-+w should arise,
Florida law shall prevail.
Authorized Signature
BID NO: 26-06/07
DATE: 01/24/07
CITY OF MIAMI BEACH
68
00500. SUPPLEMENT TO BID/TENDER FORM
THIS COMPLETED FORM SHOULD BE SUBMITTED WITH THE BID,
HOWEVER, ANY INFORMATION, INCLUDING ADDITIONAL
INFORMATION NOT INCLUDED IN THE SUBMITTED FORM AS
DETERMINED IN THE SOLE DISCRETION OF THE CITY, SHALL BE
SUBMITTED WITHIN SEVEN (7) CALENDAR DAYS OF THE CITY'S
REQUEST.
QUESTIONNAIRE
The undersigned authorized representative of the Bidder certifies the truth and accuracy
of all statements and the answers contained herein.
1. How many years has your organization been in business while possessing one of
the licenses, certifications, or registrations specified in Section 00405?
Additionally, list below or attached a list of all the names of all individuals team
member's included in this bid and their respective responsibility.
License/Certification#/Registration#
CGC023834
CUC056898
# Years
24
11
See Section "Certificates & Licenses"
1A. What business are you in? General Contracting/Heavy Highway/Roadwork
2. What is the last project of this nature that you have completed?
(In case of co-venture, list the information for all co-venture)
See Attachment A
3. Have you ever failed to complete any work awarded to you? If so, where and
why? (In case of co-venture, list the information for all co-venture)
MCM Corp. has never failed to complete any contract work.
3A. Give owner names, addresses and telephone numbers, and surety and project
names, for all projects for which you have completed work, where your surety
has intervened to assist in completion of the project, where a claim was made.
(In case of co-venture, list the information for all co-venture)
MCM Corp. has never had its Surety intervene to assist with the completion of any project.
BID NO: 26-06/07
DATE: 01/24/07
CITY OF MIAMI BEACH
69
4. Give names, addresses and telephone numbers of three individuals, corporations,
agencies, or institutions for which you have completed work:
(In case of co-venture, list the information for all co-venture)
4.1. John Cosper, MOAO PO Box 592075, Miami, Florida 33159 305.869.4240
(name) (address) (phone #)
4.2. Carlos Hevia, MOCPS 1450 NE 2nd Ave, Miami, Florida 33132 305.995.4742
(name) (address) (phone #)
4.3. Keith Jimmerson, FOOT 1000 NW 111th Avenue, Miami, FI. 33172 305.321.5699
(name) (address) (phone #)
5. List the following information concerning all contracts in progress as of the date of
submission of this bid. (In case of co-venture, list the information for all
co-venture)
NAME OF
PROJECT
OWNER &
PHONE #
TOTAL DATE OF
CONTRACT COMPLETION
VALUE PER CONTRACT
%OF
COMPLETION
TO DATE
See Attachment "B"
(Continue list on insert sheet, if necessary.)
6. Has a representative of the Bidder completely inspected the proposed project and
does the Bidder have a complete plan for its performance?
Yes, MCM Corp. has visited the site and has a complete plan for its performance.
7. Will you subcontract any part of this work? If so, give details including a list of
each subcontractor(s) that will perform work in excess of ten percent (10%) of the
contract amount, the approximate percentage, and the work that will be performed
by each such subcontractor(s). Include the name of the subcontractor(s) and the
approximate percentage of work.
See Section 06000. Sub-Contractor Listing Information
BID NO: 26-06/07
DATE: 01/24/07
CITY OF MIAMI BEACH
70
The foregoing list of subcontractor(s) may not be amended after award of the
Contract without the prior written approval of the Contract Administrator, whose
approval shall not be unreasonably withheld.
8. What equipment do you own that is available for the work?
See Attachment "D". MCM Corp. owns over $6,000,000 worth in heavy
equipment, trucks and small tools.
9. What equipment will you purchase for the proposed work?
If needed, MCM Corp. will purchase any equipment necessary for the proposed work.
10. What equipment will you rent for the proposed work?
If need, MCM Corp. will rent any equipment necessary for the proposed work.
11. State the name of your proposed project manager and superintendent and give
details of his or her qualifications and experience in managing similar work.
Project Manager: Ricardo Escobar
See Section "C" of the "Project Team" portion of the "Qualification Statement
Submission" for their qualifications and experiences.
BID NO: 26-06/07
DATE: 01/24/07
CITY OF MIAMI BEACH
71
12. State the true, exact, correct and complete name of the partnership, corporation
or trade name under which you do business and the address of the place of
business. (If a corporation, state the name of the president and secretary. If a
partnership, state the names of all partners. If a trade name, state the names of
the individuals who do business under the trade name).
12.1 The correct name of the Bidder is Magnum Construction Management Corp. .
12.2 The business is a (Sole Proprietorship) (Partnership) (Corporation). (In
case of co-venture, list the information for all co-venture)
Corporation
12.3 The address of principal place of business is
6201 SW 70th Street, Miami, Florida 33143
12.4 The names of the corporate officers, or partners, or individuals doing
business under a trade name, are as follows:
MCM is a Corporation
Jorge Munilla - President
Juan Munilla - Vice President
Raul Munilla - Secretary/Treasurer Pedro Munilla - Vice President
Fernando Munilla - Vice President
12.5 List all organizations which were predecessors to Bidder or in which the
principals or officers of the Bidder were principals or officers.
6201 Professional Center, 1401 Professional Center, M&S Investments LLC,
Advanced Realty Management, 831 Center LLC, 7501 Civil Medley LLC,
3275 Development LLC, Development Zone Group LLC.
BID NO: 26-06/07
DATE: 01/24/07
CITY OF MIAMI BEACH
72
12.6. List and describe all bankruptcy petitions (voluntary or involuntary) which
have been filed by or against the Bidder, its parent or subsidiaries or
predecessor organizations during the past five (5) years. Include in the
description the disposition of each such petition. (In case of co-venture,
list the information for all co-venture)
None
12.7. List and describe all successful Performance or Payment Bond claims
made to your surety(ies) during the last five (5) years. The list and
descriptions should include claims against the bond of the Bidder and its
predecessor organization(s). (In case of co-venture, list the information
for all co-venture)
None
12.8 List all claims, arbitrations, administrative hearings and lawsuits brought
by or against the Bidder or its predecessor organization(s) during the last
five (5) years. The list shall include all case names; case, arbitration or
hearing identification numbers; the name of the project over which the
dispute arose; a description of the subject matter of the dispute; and the
final outcome of the claim.
See Attachment "E"
BID NO: 26-06/07
DATE: 01/24/07
CITY OF MIAMI BEACH
73
12.9. List and describe all criminal proceedings or hearings concerning
business related offenses in which the Bidder, its principals or officers or
predecessor organization(s) were defendants. (In case of co-venture, list
the information for all co-venture)
None
12.10. Has the Bidder, its principals, officers or predecessor organization(s)
been debarred or suspended from bidding by any government during the
last five (5) years? If yes, provide details. (In case of co-venture, list the
information for all co-venture)
None
12.11. Under what conditions does the Bidder request Change Orders.
Under this contract, MCM Corp. will propose a Change Order only
if there is an unforeseen condition that could not have been assumed.
12.12 You must provide the names of all individuals or entities (including your
sub-consultants) with a controlling financial interest. The term "controlling
financial interest" shall mean the ownership, directly or indirectly, of 10%
or more of the outstanding capital stock in any corporation or a direct or
indirect interest of 10% or more in a firm. The term "firm" shall mean any
corporation, partnership, business trust or any legal entity other than a
natural person.
MCM Corp.: Jorge Munilla, Juan Munilla, Raul Munilla, Pedro Munilla
BID NO: 26-06/07
DATE: 01/24/07
CITY OF MIAMI BEACH
74
12.13 Individuals or entities (including our sub-consultants) with a controlling
financial interest: have t;' have not contributed to the
campaign either directly or indirectly, of a candidate who has been
elected to the office of Mayor or City Commissioner for the City of Miami
Beach. Please provide the name(s) and date(s) of said contributions
and to whom said contribution was made.
MCM Corp.
THE CITY OF MIAMI BEACH RESERVES THE RIGHT TO REQUEST ADDITIONAL
INFORMATION, BEYOND THAT CONTAINED IN THIS QUESTIONNAIRE, THAT MAY
BE REQUIRED TO PROPERLY EVALUATE THE APPLICANT'S QUALIFICATIONS.
FIRMS THAT FAIL TO SUBMIT ALL THE INFORMATION CONTAINED IN THIS
QUESTIONNAIRE OR ANY OTHER INFORMATION REQUESTED BY THE CITY OF
MIAMI BEACH.
PROSPECTIVE BIDDERS ARE HEREBY ADVISED THAT IT WILL BE THEIR
RESPONSIBILITY TO COMPLY WITH ALL FEDERAL AND STATE OF FLORIDA
STATUTES AND REGULATIONS GOVERNING THIS TYPE OF PROJECT.
BID NO: 26-06/07
DATE: 01/24/07
CITY OF MIAMI BEACH
75
WITNESS:
IF PARTNERSHIP:
Signature
Print Name of Firm
Print Name
Address
By:
General Partner
Print Name
i~
Signature
~
IF CORPORATION:
WITNESS:
MCM Corp.
Print Name of Corporation
6201 SW 70th Street, 2nd Floor, Miami, FI. 33143
,\\IUiUII_.
,\ "-\O^' <'I
,'I,,,-.,\\\;\ ,.1 M4 /'r
"~~.,~;..~"..~,,.. 4. ~"... ~/k~f ~:,
:,,' ,.? ",(.,\"p OR_,,! }..'(,.~ ~
.> (::) .. CJ'-" ~ <~.~ \~ ,~.
:: '0 .. S" r.: /\ I r~'~
,>~~ ~ L_r,L. -i-
';. ;-'~ '. 1983 : C") :=
o>.~(::.." ..*....C):::
.;. "'.:}'.."'Z 0 R\ \)~' .... "bo .::-
-'.:'~;.. "'''''. a. .." It 0>> ~ +::::-
.1'/ ..'
;/, -'\'
/1(111 nl\\\\
(CORPO~ &Q
Attest:
'---
Secretary
BID NO: 26-06/07
DATE: 01/24/07
CITY OF MIAMI BEACH
76
00520. SUPPLEMENT TO BIDITENDER FORM NON-COLLUSION CERTIFICATE
THIS FORM MUST BE SUBMITTED PRIOR TO AWARD FOR BIDDER TO
BE DEEMED RESPONSIBLE.
Submitted this 20th day of
February
,2007.
The undersigned, as Bidder, declares that the only persons interested in this Bid are
named herein; that no other person has any interest in this Bid or in the Contract to
which this Bid pertains; that this Bid is made without connection or arrangement with any
other person; and that this Bid is in every respect fair and made in good faith, without
collusion or fraud.
The Bidder agrees if this Bid is accepted, to execute an appropriate City of Miami Beach
document for the purpose of establishing a formal contractual relationship between the
Bidder and the City of Miami Beach, Florida, for the performance of all requirements to
which the Bid pertains.
The Bidder states that this Bid is based upon the documents identified by the following
number: id No. 26-06/07.
President
\,,~\~un
, ,,\~:\)\:'\\ON
'''\C~\~1I0'''"'/':'''...' ('''.
~::: ~';)..' <:)"J l) 171,..".
,.: <::) . <J '.~ .
~,'.' C".) ." . I! ., ",
"os: SE/}L '"
,,;3: \,,'":' :~
:;:, -;;.:: ... 198;,;"
':;. r.!> . ..
oY',tJ>.:'o /', ,,'
...;....'j;- ...'-OR\D':....
.j"':~.1 ""It... ,~..." .~,;
.11.1 . ~!. '.\"
(/11;"11"'"
Jorge Munilla
PRINTED NAME
-------------------"------
TITLE (IF CORPORATION)
BID NO: 26-06/07 CITY OF MIAMI BEACH
DATE: 01/24/07 77
00530. SUPPLEMENT TO BIDITENDER FORM
DRUG FREE WORKPLACE CERTIFICATION
THIS FORM MUST BE SUBMITTED PRIOR TO AWARD FOR BIDDER TO
BE DEEMED RESPONSIBLE.
The undersigned Bidder hereby certified that it will provide a drug-free workplace
program by:
(1) Publishing a statement notifying its employees that the unlawful manufacture,
distribution, dispensing, possession, or use of a controlled substance is prohibited in
the offeror's workplace, and specifying the actions that will be taken against
employees for violations of such prohibition;
(2) Establishing a continuing drug-free awareness program to inform its employees
about:
(i) The dangers of drug abuse in the workplace;
(ii) The Bidder's policy of maintaining a drug-free workplace;
(iii) Any available drug counseling, rehabilitation, and employee assistance
programs; and
(iv) The penalties that may be imposed upon employees for drug abuse violations
occurring in the workplace;
(3) Giving all employees engaged in performance of the Contract a copy of the
statement required by subparagraph (1);
(4) Notifying all employees, in writing, of the statement required by subparagraph (1),
that as a condition of employment on a covered Contract, the employee shall:
(i) Abide by the terms of the statement; and
(ii) Notify the employer in writing of the employee's conviction under a criminal
drug statute for a violation occurring in the workplace no later than five (5)
calendar days after such conviction;
(5) Notifying the City in writing within ten (10) calendar days after receiving notice under
subdivision (4) (ii) above, from an employee or otherwise receiving actual notice of
such conviction. The notice shall include the position title of the employee;
BID NO: 26-06/07
DATE: 01/24/07
CITY OF MIAMI BEACH
78
(6) Within thirty (30) calendar days after receiving notice under subparagraph (4) of a
conviction, taking one of the following actions with respect to an employee who is
convicted of a drug abuse violation occurring in the workplace:
(i) Taking appropriate personnel action against such employee, up to and
including termination; or
(ii) Requiring such employee to participate satisfactorily in a drug abuse assistance
or rehabilitation program approved for such purposes by a federal, state, or
local health, law enforcement, or other appropriate agency; and
(7) Making a good faith effort to maintain a dru -free workplace program through
implementation of subparagraphs(1) through (6).
Jorge Munilla
(Print Vendor Name)
STATE OF Florida
COUNTY OF Dade
The foregoing instrument was acknowledged before me this 20th day of
February , 20~, by Jorge Munilla as
(name of person whose signature is being notarized)
(title) of MCM Corp.
(name of corporation/company)
~n to m~e the person described herein, or who produced
identification, and who did/did not take an oath.
President
as
NOTARY PUBLIC:
r-~
(Signature)
~.
~ t---""
Alina D. Brotons
~v, ALINA D. BROTONS
~ MY COMMISSION # 00277289
'\;ClFf\.~ EXPIRES: Januuy 06, 2008
(Print Name)
My commission expires: 01-06-08
BID NO: 26-06/07
DATE: 01/24/07
CITY OF MIAMI BEACH
79
00540. SUPPLEMENT TO BID/TENDER FORM TRENCH SAFETY ACT
IF APPLICABLE, THIS FORM MUST BE SUBMITTED WITH BID FOR BID
TO BE DEEMED RESPONSIVE. (SEE SECTION 00407)
On October 1, 1990 House Bill 3181, known as the Trench Safety Act became law. This
incorporates the Occupational Safety & Health Administration (OSHA) revised excavation safety
standards, citation 29 CFR.S.1926.650, as Florida's own standards.
The Bidder, by virtue of the signature below, affirms that the Bidder is aware of this Act, and will
comply with all applicable trench safety standards. Such assurance shall be legally binding on
all persons employed by the Bidder and subcontractors.
The Bidder is also obligated to identify the anticipated method and cost of compliance with the
applicable trench safety standards.
BIDDER ACKNOWLEDGES THAT INCLUDED IN THE VARIOUS ITEMS OF THE PROPOSAL
AND IN THE TOTAL BID PRICE ARE COSTS FOR COMPLYING WITH THE FLORIDA
TRENCH SAFETY ACT. THESE ITEMS ARE A BREAKOUT OF THE RESPECTIVE ITEMS
INVOLVING TRENCHING AND WILL NOT BE PAID SEPARATELY. THEY ARE NOT TO BE
CONFUSED WITH BID ITEMS IN THE SCHEDULE OF PRICES, NOR BE CONSIDERED
ADDITIONAL WORK.
The Bidder further identified the costs and methods summarized below:
Description
Unit
Quantity
Price
Unit
Price
Extended Method
Sloping
LF
1,500
$1.00
$1,500 Sloping
Total $ 1 ,500
BID NO: 26-06/07
DATE: 01/24/07
CITY OF MIAMI BEACH
80
IN ORDER TO BE CONSIDERED RESPONSIVE. THE BIDDER MUST COMPLETE*
THIS FORM. SIGN AND SUBMIT IT WITH ITS BID DOCUMENT.
*COMPLETION REQUIRES FILLING IN T PROPRIA TE DETAILS UNDER THE
HEADINGS~ i.e.. DESCRIPTION. UNIT. QUANTITY PRICE. UNIT PRICE.
EXTENDED. AND METHOD.
BID NO: 26-06/07
DATE: 01/24/07
CITY OF MIAMI BEACH
81
00550. RECYCLED CONTENT INFORMATION
In support of the Florida Waste Management Law, Bidders are encouraged to supply
with their bid, any information available regarding recycled material content in the
products bid. The City is particularly interested in the type of recycled material used
(such as paper, plastic, glass, metal, etc.); and the percentage of recycled material
contained in the product. The City also requests information regarding any known or
potential material content in the product that may be extracted and recycled after the
product has served its intended purpose.
BID NO: 26-06/07
DATE: 01/24/07
CITY OF MIAMI BEACH
82
00800. GENERAL CONDITIONS:
1. Proiect Manual:
1.1. The Project Manual includes any general or special Contract conditions or
specifications attached hereto.
1.2. The Project Manual, along with all documents that make up and constitute
the Contract Documents, shall be followed in strict accordance as to work,
performance, material, and dimensions except when CONSULTANT may
authorize, in writing, an exception.
1.3. Dimensions given in figures are to hold preference over scaled
measurements from the drawings; however, all discrepancies shall be
resolved by CONSULTANT. CONTRACTOR shall not proceed when in
doubt as to any dimension or measurement, but shall seek clarification
from CONSULTANT.
1.4. CONTRACTOR shall be furnished three (3) copies, free of charge, of the
Project Manual; two of which shall be preserved and always kept
accessible to CONSULTANT and CONSULTANT's authorized
representatives. Additional copies of the Project Manual may be obtained
from CITY at the cost of reproduction.
2. Intention of CITY:
It is the intent of CITY to describe in the Contract Documents a functionally
complete Project (or part thereof) to be constructed in accordance with the
Contract Documents and in accordance with all codes and regulations governing
construction of the Project. Any work, materials or equipment that may
reasonably be inferred from the Contract Documents as being required to
produce the intended result shall be supplied by CONTRACTOR whether or not
specifically called for. When words which have a well-known technical or trade
meaning are used to describe work, materials or equipment, such words shall be
interpreted in accordance with that meaning. Reference to standard
specifications, manuals, or codes of any technical society, organization or
association, or to the laws or regulations of any governmental authority, whether
such reference be specific or by implication, shall mean the latest standard
specification, manual, code or laws or regulations in effect at the time of opening
of bids and CONTRACTOR shall comply therewith. CITY shall have no duties
other than those duties and obligations expressly set forth within the Contract
Documents.
BID NO: 26-06/07
DATE: 01/24/07
CITY OF MIAMI BEACH
102
3. Preliminarv Matters:
3.1. Within five (5) calendar days prior to the pre-construction meeting
described in Section 3.2, CONTRACTOR shall submit to CONSULTANT
for CONSULTANT's review and acceptance:
3.1.1. A progress schedule in the indicated form:
[ ] Bar Chart
[ ] Modified CPM
[ ] CPM
[X] Computerized CPM
(CPM shall be interpreted to be generally as outlined in the
Association of General Contractors (AGC) publication, "The Use of
CPM in Construction.")
The progress schedule shall indicate the start and completion dates
of the various stages of the Work and shall show an activity
network for the planning and execution of the Work. Included with
the progress schedule shall be a narrative description of the
progress schedule. The progress schedule must be updated
monthly by CONTRACTOR, submitted as part of each Application
for Payment and shall be acceptable to CONSULTANT.
3.1.2. A preliminary schedule of Shop Drawing submissions; and
3.1.3. In a lump sum contract or in a contract which includes lump sum
bid items of Work, a preliminary schedule of values for all of the
Work which will include quantities and prices of items aggregating
the Contract Price and will subdivide the Work into component
parts in sufficient detail to serve as the basis for progress payments
during construction. Such prices will include an appropriate amount
of overhead and profit applicable to each item of work which will be
confirmed in writing by CONTRACTOR at the time of submission.
[ ] Such prices shall be broken down to show labor, equipment, materials
and overhead and profit.
3.1.4. After award but prior to the submission of the progress schedule,
CONSULTANT, Contract Administrator and CONTRACTOR shall
meet with all utility owners and secure from them a schedule of
utility relocation, provided, however, neither CONSULTANT nor
BID NO: 26-06/07
DATE: 01/24/07
CITY OF MIAMI BEACH
103
CITY shall be responsible for the nonperformance by the utility
owners.
3.2. At a time specified by CONSULTANT but before CONTRACTOR starts
the work at the Project site, a conference attended by CONTRACTOR,
CONSULTANT and others as deemed appropriate by Contract
Administrator, will be held to discuss the schedules referred to in Section
3.1, to discuss procedures for handling Shop Drawings and other
submittals and for processing Applications for Payment, and to establish a
working understanding among the parties as to the Work.
3.3. Within thirty-five (35) days from the Project Initiation Date set forth in the
Notice to Proceed, a conference attended by CONTRACTOR,
CONSULTANT and others, as appropriate, will be held to finalize the
schedules submitted in accordance with Section 3.1. Within forty-five (45)
days after the Project Initiation Date set forth in the Notice to Proceed, the
CONTRACTOR shall revise the original schedule submittal to address all
review comments from the CPM review conference and resubmit for
CONSULTANT review. The finalized progress schedule will be accepted
by CONSULTANT only as providing an orderly progression of the Work to
completion . within the Contract Time, but such acceptance shall not
constitute acceptance by CITY or CONSULTANT of the means or
methods of construction or of the sequencing or scheduling of the Work,
and such acceptance will neither impose on CONSULTANT or CITY
responsibility for the progress or scheduling of the Work nor relieve
CONTRACTOR from full responsibility therefore. The finalized schedule
of Shop Drawing submissions must be acceptable to CONSULTANT as
providing a workable arrangement for processing the submissions. The
finalized schedule of values pursuant to Section 3.1.3 above must be
acceptable to CONSULTANT as to form and substance.
4. Performance Bond and Payment Bond:
Within fifteen (15) calendar days of being notified of the award, CONTRACTOR
shall furnish a Performance Bond and a Payment Bond containing all the
provisions of the Performance Bond and Payment Bond attached hereto as
forms 00710 and 00720.
BID NO: 26-06/07
DATE: 01/24/07
CITY OF MIAMI BEACH
104
4.1. Each Bond shall be in the amount of one hundred percent (100%) of the
Contract Price guaranteeing to CITY the completion and performance of
the work covered in such Contract as well as full payment of all suppliers,
laborers, or subcontractors employed pursuant to this Project. Each Bond
shall be with a surety company which is qualified pursuant to Article 5.
4.2. Each Bond shall continue in effect for one year after Final Completion and
acceptance of the work with liability equal to one hundred percent (100%)
of the Contract sum, or an additional bond shall be conditioned that
CONTRACTOR will, upon notification by CITY, correct any defective or
faulty work or materials which appear within one year after Final
Completion of the Contract.
4.3. Pursuant to the requirements of Section 255.05(1 )(a), Florida Statutes, as
may be amended from time to time, CONTRACTOR shall ensure that the
bond(s) referenced above shall be recorded in the public records of
Miami-Dade County and provide CITY with evidence of such recording.
4.4. Alternate Form of Security:
In lieu of a Performance Bond and a Payment Bond, CONTRACTOR may
furnish alternate forms of security which may be in the form of cash,
money order, certified check, cashier's check or unconditional letter of
credit in the form attached hereto as Form 00735. Such alternate forms of
security shall be subject to the prior approval of CITY and for same
purpose and shall be subject to the same conditions as those applicable
above and shall be held by CITY for one year after completion and
acceptance of the Work.
5. Qualification of Surety
5.1. Bid Bonds, Performance Bonds and Payment Bonds over Five Hundred
Thousand Dollars ($500,000.00):
5.1.1. Each bond must be executed by a surety company of recognized
standing, authorized to do business in the State of Florida as
surety, having a resident agent in the State of Florida and having
been in business with a record of successful continuous operation
for at least five (5) years.
5.1.2. The surety company shall hold a current certificate of authority as
acceptable surety on federal bonds in accordance with United
States Department of Treasury Circular 570, Current Revisions. If
the amount of the Bond exceeds the underwriting limitation set forth
in the circular, in order to qualify, the net retention of the surety
BID NO: 26-06/07
DATE: 01/24/07
CITY OF MIAMI BEACH
105
company shall not exceed the underwriting limitation in the circular,
and the excess risks must be protected by coinsurance,
reinsurance, or other methods in accordance with Treasury Circular
297, revised September 1, 1978 (31 DFR Section 223.10, Section
223.111). Further, the surety company shall provide CITY with
evidence satisfactory to CITY, that such excess risk has been
protected in an acceptable manner.
5.1.3. The CITY will accept a surety bond from a company with a rating of
B+ or better for bonds up to $2 million, provided, however, that if
any surety company appears on the watch list that is published
quarterly by Intercom of the Office of the Florida Insurance
Commissioner, the CITY shall review and either accept or reject the
surety company based on the financial information available to the
CITY. A surety company that is rejected by the CITY may be
substituted by the Bidder or proposer with a surety company
acceptable to the CITY, only if the bid amount does not increase.
The following sets forth, in general, the acceptable parameters for
bonds:
Policy- Financial
holder's Size
Amount of Bond RatinQs Cateaory
500,001 to 1,000,000 B+ Class I
1,000,001 to 2,000,000 B+ Class II
2,000,001 to 5,000,000 A Class III
5,000,001 to 10,000,000 A Class IV
10,000,001 to 25,000,000 A Class V
25,000,001 to 50,000,000 A Class VI
50,000,001 or more A Class VII
5.2. For projects of $500,000.00 or less, CITY may accept a Bid Bond,
Performance Bond and Payment Bond from a surety company which has
twice the minimum surplus and capital required by the Florida Insurance
Code at the time the invitation to bid is issued, if the surety company is
otherwise in compliance with the provisions of the Florida Insurance Code,
and if the surety company holds a currently valid certificate of authority
issued by the United States Department of the Treasury under Section
9304 to 9308 of Title 31 of the United States Code, as may be amended
from time to time. The Certificate and Affidavit so certifying (Form 00722)
should be submitted with the Bid Bond and also with the Performance
Bond and Payment Bond.
BID NO: 26-06/07
DATE: 01/24/07
CITY OF MIAMI BEACH
106
5.3. More stringent requirements of any grantor agency are set forth within the
Supplemental Conditions. If there are no more stringent requirements, the
provisions of this section shall apply.
6. Indemnification
6.1 CONTRACTOR shall indemnify and hold harmless CITY, its officers,
agents, directors, and employees, from liabilities, damages, losses, and
costs, including, but not limited to reasonable attorney's fees, to the extent
caused by the negligence, recklessness or intentional wrongful
misconduct of CONTRACTOR and persons employed or utilized by
CONTRACTOR in the performance of this Agreement. Except as
specifically provided herein, this Agreement does not require
CONTRACTOR to indemnify CITY, its employees, officers, directors, or
agents from any liability, damage, loss, claim, action, or proceeding.
These indemnifications shall survive the term of this Agreement. In the
event that any action or proceeding is brought against CITY by reason of
any such claim or demand, CONTRACTOR shall, upon written notice from
CITY, resist and defend such action or proceeding by counsel satisfactory
to CITY.
6.2 The indemnification provided above shall obligate CONTRACTOR to
defend at its own expense to and through appellate, supplemental or
bankruptcy proceeding, or to provide for such defense, at CITY's option,
any and all claims of liability and all suits and actions of every name and
description covered by Section 6.1 above which may be brought against
CITY whether performed by CONTRACTOR, or persons employed or
utilized by CONTRACTOR.
7. Insurance Reauirements:
7.1. Without limiting any of the other obligations or liabilities of
CONTRACTOR, CONTRACTOR shall provide, pay for, and maintain in
force until all of its work to be performed under this Contract has been
completed and accepted by CITY (or for such duration as is otherwise
specified hereinafter), the insurance coverages set forth herein.
7.1.1. Workers' Compensation insurance to apply for all employees in
compliance with the "Workers' Compensation Law" of the State of
Florida and all applicable federal laws. In addition, the policy(ies)
must include:
BID NO: 26-06/07
DATE: 01/24/07
CITY OF MIAMI BEACH
107
7.1.1.1. Employers' Liability with a limit of
($1 ,OQj~,OOO.OQ) 00llars ($) each accident.
7.1.1.2. If any operations are to be undertaken on or about
navigable waters, coverage must be included for the U.S.
Longshoremen & Harbor Workers Act and Jones Act.
7.1.2.g~mieE~~~~~'!i~~\~ir~,~i~~[~iilii"bi~~ility with minimum limi~s of .
IIljI11~Jli1I.IIII!*\;;~llii,IQI"III.II) per occurrence, combined single
limit for Bodily Injury Liability and Property Damage Liability.
Coverage must be afforded on a form no more restrictive than the
latest edition of the Comprehensive General Liability policy, without
restrictive endorsements, as filed by the Insurance Services Office,
and must include:
[ X] 7.1.2.1. Premises and/or Operations.
[X] 7.1.2.2. Independent Contractors.
[X] 7.1.2.3. Products and/or Completed Operations for contracts
over Fifty Thousand Dollars ($50,000.00)
CONTRACTOR shall maintain in force until at least
three years after completion of all work required under
the Contract, coverage for Products and Completed
Operations, including Broad Form Property Damage.
[X] 7.1.2.4. Explosion, Collapse and Underground Coverages.
[ X] 7.1.2.5. Broad Form Property Damage.
[ X] 7.1.2.6. Broad Form Contractual Coverage applicable to this
specific Contract, including any hold harmless and/or
indemnification agreement.
[ ] 7.1.2.7. Personal Injury Coverage with Employee and
Contractual Exclusions removed, with minimum limits of
coverage equal to those required for Bodily Injury
Liability and Property Damage Liability.
[X] 7.1.2.8. CITY is to be expressly included as an Additional
Insured with respect to liability arising out of operations
performed for CITY by or on behalf of CONTRACTOR
or acts or omissions of CONTRACTOR in connection
with general supervision of such operation.
BID NO: 26-06/07 CITY OF MIAMI BEACH
DATE: 01/24/07 108
7.1.3. ~,~~i~7~~~~!2~2~.iI7L.iability with minimum limits of
'IIi'llllliiiIIIIiIIQiIIILiQ(i)) per occurrence, combined single limit for
Bodily Injury Liability and Property Damage Liability. Coverage
must be afforded on a form no more restrictive than the latest
edition of the Business Automobile Liability policy, without
restrictive endorsements, as filed by the Insurance Services Office,
and must include:
7.1.3.1.
Owned Vehicles.
7.1.3.2.
Hired and Non-Owned Vehicles.
7.1.3.3.
Employers' Non-Ownership. (Not Applicable to this bid)
[ X ] 7.1.4. Builder's Risk insurance for the construction of and/or addition to
aboveground buildings or structures is/is not required. The
coverage shall be "All Risk" coverage for 100 percent of the
completed value, covering CITY as a named insured, with a
deductible of not more than Five Thousand Dollars ($5,000.00)
each claim.
7.1.4.1. Waiver of Occupancy Clause or Warranty--Policy must
be specifically endorsed to eliminate any "Occupancy
Clause" or similar warranty or representation that the
building(s), addition(s) or structure(s) in the course of
construction shall not be occupied without specific
endorsement of the policy. The Policy must be
endorsed to provide that the Builder's Risk coverage
will continue to apply until final acceptance of the
building(s), addition(s) or structure(s) by CITY.
[ ] 7.1.4.2. Flood Insurance--When the buildings or structures are
located within an identified special flood hazard area,
flood insurance must be afforded for the lesser of the
total insurable value of such buildings or structures, or,
the maximum amount of flood insurance coverage
available under the National Flood Program.
[] 7.1.5. Installation Floater for the installation of machinery and/or
equipment into an existing structure is/is not required. The
coverage shall be "All Risk" coverage including installation and
transit for 100 percent of the "installed replacement cost value,"
covering CITY as a named insured, with a deductible of not more
than Five Thousand Dollars ($5,000.00) each claim.
BID NO: 26-06/07
DATE: 01/24/07
CITY OF MIAMI BEACH
109
7.1.5.1.
Cessation of Insurance--Coverage is not to cease and
is to remain in force (subject to cancellation notice) until
final acceptance by CITY.
7.1.5.2.
Flood Insurance--When the machinery or equipment is
located within an identified special flood hazard area,
flood insurance must be afforded for the lesser of the
total insurable value of such buildings or structure, or,
the maximum amount of flood insurance coverage
available under the National Flood Program.
7.2. If the initial insurance expires prior to the completion of the work, renewal
copies of policies shall be furnished at least thirty (30) days prior to the
date of their expiration.
7.3. Notice of Cancellation and/or Restriction--The policy(ies) must be
endorsed to provide CITY with at least thirty (30) days notice of
cancellation and/or restriction.
7.4. CONTRACTOR shall furnish to the City's Risk Manager Certificates of
Insurance or endorsements evidencing the insurance coverage specified
above within fifteen (15) calendar days after notification of award of the
Contract. The required Certificates of Insurance shall name the types of
policies provided, refer specifically to this Contract, and state that such
insurance is as required by this Contract. The Certificate of Insurance
shall be in form similar to and contain the information set forth in Form
00708.
7.5. The official title of the Owner is the City of Miami Beach, Florida. This
official title shall be used in all insurance documentation.
8. Labor and Materials:
8.1. Unless otherwise provided herein, CONTRACTOR shall provide and pay
for all materials, labor, water, tools, equipment, light, power, transportation
and other facilities and services necessary for the proper execution and
completion of the Work, whether temporary or permanent and whether or
not incorporated or to be incorporated in the Work.
8.2. CONTRACTOR shall at all times enforce strict discipline and good order
among its employees and subcontractors at the Project site and shall not
employ on the Project any unfit person or anyone not skilled in the work to
which they are assigned.
BID NO: 26-06/07
DATE: 01/24/07
CITY OF MIAMI BEACH
no
9. Royalties and Patents:
All fees, royalties, and claims for any invention, or pretended inventions, or
patent of any article, material, arrangement, appliance, or method that may be
used upon or in any manner be connected with the construction of the Work or
appurtenances, are hereby included in the prices stipulated in this Contract for
said work.
10. Weather:
Extensions to the Contract Time for delays caused by the effects of inclement
weather shall be submitted as a request for a change in the Contract Time
pursuant to Article 40. These time extensions are justified only when rains or
other inclement weather conditions or related adverse soil conditions prevent
CONTRACTOR from productively performing controlling items of work identified
on the accepted schedule or updates resulting in:
(1) CONTRACTOR being unable to work at least fifty percent (50%) of the
normal workday on controlling items of work identified on the accepted
schedule or updates due to adverse weather conditions; or
(2) CONTRACTOR must make major repairs to the Work damaged by
weather. Providing the damage was not attributable to a failure to perform
or neglect by CONTRACTOR, and providing that CONTRACTOR was
unable to work at least fifty percent (50%) of the normal workday on
controlling items of work identified on the accepted schedule or updates.
11. Permits. Licenses and Impact Fees:
11.1. Except as otherwise provided within the Supplemental Conditions, all
permits and licenses required by federal, state or local laws, rules and
regulations necessary for the prosecution of the Work undertaken by
CONTRACTOR pursuant to this Contract shall be secured and paid for by
CONTRACTOR. It is CONTRACTOR's responsibility to have and maintain
appropriate Certificate(s) of Competency, valid for the Work to be
performed and valid for the jurisdiction in which the Work is to be
performed for all persons working on the Project for whom a Certificate of
Competency is required.
11.2. Impact fees levied by the City and/or Miami-Dade County shall be paid by
CONTRACTOR. CONTRACTOR shall be reimbursed only for the actual
amount of the impact fee levied by the municipality as evidenced by an
invoice or other acceptable documentation issued by the municipality.
Reimbursement to CONTRACTOR in no event shall include profit or
overhead of CONTRACTOR.
BID NO: 26-06/07
DATE: 01/24/07
CITY OF MIAMI BEACH
III
12. Resolution of Disputes:
12.1 To prevent all disputes and litigation, it is agreed by the parties hereto that
CONSULTANT shall decide all questions, claims, difficulties and disputes
of whatever nature which may arise relative to the technical interpretation
of the Contract Documents and fulfillment of this Contract as to the
character, quality, amount and value of any work done and materials
furnished, or proposed to be done or furnished under or, by reason of, the
Contract Documents and CONSULTANT's estimates and decisions upon
all claims, questions, difficulties and disputes shall be final and binding to
the extent provided in Section 12.2. Any claim, question, difficulty or
dispute which cannot be resolved by mutual agreement of CITY and
CONTRACTOR shall be submitted to CONSULTANT in writing within
twenty-one (21) calendar days. Unless a different period of time is set
forth herein, CONSULTANT shall notify CITY and CONTRACTOR in
writing of CONSU L T ANT's decision within twenty-one (21) calendar days
from the date of the submission of the claim, question, difficulty or dispute,
unless CONSULTANT requires additional time to gather information or
allow the parties to provide additional information. All nontechnical
administrative disputes shall be determined by the Contract Administrator
pursuant to the time periods provided herein. During the pendency of any
dispute and after a determination thereof, CONTRACTOR, CONSULTANT
and CITY shall act in good faith to mitigate any potential damages
including utilization of construction schedule changes and alternate means
of construction.
12.2 In the event the determination of a dispute under this Article is
unacceptable to either party hereto, the party objecting to the
determination must notify the other party in writing within ten (10) days of
receipt of the written determination. The notice must state the basis of the
objection and must be accompanied by a statement that any Contract
Price adjustment claimed is the entire adjustment to which the objecting
party has reason to believe it is entitled to as a result of the determination.
Within sixty (60) days after Final Completion of the Work, the parties shall
participate in mediation to address all objections to any determinations
hereunder and to attempt to prevent litigation. The mediator shall be
mutually agreed upon by the parties. Should any objection not be
resolved in mediation, the parties retain all their legal rights and remedies
provided under State law. A party objecting to a determination specifically
waives all of its rights provided hereunder, including its rights and
remedies under State law, if said party fails to comply in strict accordance
with the requirements of this Article.
BID NO: 26-06/07
DATE: 01/24/07
CITY OF MIAMI BEACH
112
13. Inspection of Work:
13.1. CONSULTANT and CITY shall at all times have access to the Work, and
CONTRACTOR shall provide proper facilities for such access and for
inspecting, measuring and testing.
13.1.1.
13.1.2.
Should the Contract Documents, CONSULTANT's instructions,
any laws, ordinances, or any public authority require any of the
Work to be specially tested or approved, CONTRACTOR shall
give CONSULTANT timely notice of readiness of the Work for
testing. If the testing or approval is to be made by an authority
other than CITY, timely notice shall be given of the date fixed
for such testing. Testing shall be made promptly, and, where
practicable, at the source of supply. If any of the Work should
be covered up without approval or consent of CONSULTANT, it
must, if required by CONSULTANT, be uncovered for
examination and properly restored at CONTRACTOR's
expense.
Reexamination of any of the Work may be ordered by
CONSULTANT with prior written approval by the Contract
Administrator, and if so ordered, the Work must be uncovered
by CONTRACTOR. If such Work is found to be in accordance
with the Contract Documents, CITY shall pay the cost of
reexamination and replacement by means of a Change Order.
If such Work is not in accordance with the Contract Documents,
CONTRACTOR shall pay such cost.
13.2. Inspectors shall have no authority to permit deviations from, nor to relax
any of the provisions of, the Contract Documents nor to delay the Contract
by failure to inspect the materials and work with reasonable promptness
without the written permission or instruction of CONSULTANT.
13.3. The payment of any compensation, whatever may be its character or form,
or the giving of any gratuity or the granting of any favor by CONTRACTOR
to any inspector, directly or indirectly, is strictly prohibited, and any such
act on the part of CONTRACTOR will constitute a breach of this Contract.
14. Superintendence and Supervision:
14.1. The orders of CITY are to be given through CONSULTANT, which
instructions are to be strictly and promptly followed in every case.
CONTRACTOR shall keep on the Project during its progress, a full-time
competent English speaking superintendent and any necessary
BID NO: 26-06/07
DATE: 01/24/07
CITY OF MIAMI BEACH
113
assistants, all satisfactory to CONSULTANT. The superintendent shall not
be changed except with the written consent of CONSULTANT, unless the
superintendent proves to be unsatisfactory to CONTRACTOR and ceases
to be in its employ. The superintendent shall represent CONTRACTOR
and all directions given to the superintendent shall be as binding as if
given to CONTRACTOR and will be confirmed in writing by
CONSULTANT upon the written request of CONTRACTOR.
CONTRACTOR shall give efficient supervision to the Work, using its best
skill and attention.
14.2. Daily, CONTRACTOR's superintendent shall record, at a minimum, the
following information in a bound log: the day; date; weather conditions
and how any weather condition affected progress of the Work; time of
commencement of work for the day; the work being performed; materials,
labor, personnel, equipment and subcontractors at the Project site; visitors
to the Project site, including representatives of , CONSULTANT,
regulatory representatives; any special or unusual conditions or
occurrences encountered; and the time of termination of work for the day.
All information shall be recorded in the daily log in ink. The daily log shall
be kept on the Project site and shall be available at all times for inspection
and copying by CITY and CONSULTANT.
14.3. The Contract Administrator, CONTRACTOR and CONSULTANT shall
meet at least weekly or as determined by the Contract Administrator,
during the course of the Work to review and agree upon the work
performed to date and to establish the controlling items of work for the
next two weeks. The CONSULTANT shall publish, keep, and distribute
minutes and any comments thereto of each such meeting.
14.4. If CONTRACTOR, in the course of prosecuting the Work, finds any
discrepancy between the Contract Documents and the physical conditions
of the locality, or any errors, omissions, or discrepancies in the Project
Manual, it shall be CONTRACTOR's duty to immediately inform
CONSULTANT, in writing, and CONSULTANT will promptly review the
same. Any work done after such discovery, until authorized, will be done
at CONTRACTOR's sole risk.
14.5. CONTRACTOR shall supervise and direct the Work competently and
efficiently, devoting such attention thereto and applying such skills and
expertise as may be necessary to perform the Work in accordance with
the Contract Documents. CONTRACTOR shall be solely responsible for
the means, methods, techniques, sequences and procedures of
construction.
BID NO: 26-06/07
DATE: 01/24/07
CITY OF MIAMI BEACH
114
15. CITY's Riaht to Terminate Contract:
15.1. If CONTRACTOR fails to begin the Work within fifteen (15) calendar days
after the Project Initiation Date, or fails to perform the Work with sufficient
workers and equipment or with sufficient materials to insure the prompt
completion of the Work, or shall perform the Work unsuitably, or cause it
to be rejected as defective and unsuitable, or shall discontinue the
prosecution of the Work pursuant to the accepted schedule or if
CONTRACTOR shall fail to perform any material term set forth in the
Contract Documents or if CONTRACTOR shall become insolvent or be
declared bankrupt, or commit any act of bankruptcy or insolvency, or shall
make an assignment for the benefit of creditors, or from any other cause
whatsoever shall not carry on the Work in an acceptable manner, Contract
Administrator may give notice in writing to CONTRACTOR and its Surety
of such delay, neglect or default, specifying the same. If CONTRACTOR,
within a period of five (5) calendar days after such notice, shall not
proceed in accordance therewith, then CITY may upon written certificate
from CONSULTANT of the fact of such delay, neglect or default and
CONTRACTOR's failure to comply with such notice, terminate the
services of CONTRACTOR, exclude CONTRACTOR from the Project site
and take the prosecution of the Work out of the hands of CONTRACTOR,
and appropriate or use any or all materials and equipment on the Project
site as may be suitable and acceptable. In such case, CONTRACTOR
shall not be entitled to receive any further payment until the Project is
completed. In addition CITY may enter into an agreement for the
completion of the Project according to the terms and provisi'ons of the
Contract Documents, or use such other methods as in CITY's sole opinion
shall be required for the completion of the Project according to the terms
and provisions of the Contract Documents, or use such other methods as
in CITY's sole opinion shall be required for the completion of the Project in
an acceptable manner. All damages, costs and charges incurred by CITY,
together with the costs of completing the Project, shall be deducted from
any monies due or which may become due to CONTRACTOR. In case
the damages and expenses so incurred by CITY shall exceed the unpaid
balance, then CONTRACTOR shall be liable and shall pay to CITY the
amount of said excess.
15.2. If after notice of termination of CONTRACTOR's right to proceed, it is
determined for any reason that CONTRACTOR was not in default, the
rights and obligations of CITY and CONTRACTOR shall be the same as if
the notice of termination had been issued pursuant to the Termination for
Convenience clause as set forth in Section 15.3 below.
BID NO: 26-06/07
DATE: 01/24/07
CITY OF MIAMI BEACH
115
15.3. This Contract may be terminated for convenience in writing by CITY upon
ten (10) days written notice to CONTRACTOR (delivered by certified mail,
return receipt requested) of intent to terminate and the date on which such
termination becomes effective. In such case, CONTRACTOR shall be
paid for all work executed and expenses incurred prior to termination in
addition to termination settlement costs reasonably incurred by
CONTRACTOR relating to commitments which had become firm prior to
the termination. Payment shall include reasonable profit for work/services
satisfactorily performed. No payment shall be made for profit for
work/services which have not been performed.
15.4. Upon receipt of Notice of Termination pursuant to Sections 15.1 or 15.3
above, CONTRACTOR shall promptly discontinue all affected work unless
the Notice of Termination directs otherwise and deliver or otherwise make
available to CITY all data, drawings, specifications, reports, estimates,
summaries and such other information as may have been required by the
Contract Documents whether completed or in process.
16. CONTRACTOR's Riaht to Stop Work or Terminate Contract:
Should CONSULTANT fail to review and approve or state in writing reasons for
nonapproval of any Application for Payment within twenty (20) days after it is
presented, or if CITY fails either to pay CONTRACTOR within thirty (30) days
after presentation by CONSULTANT of any sum certified by CONSULTANT, or
to notify CONTRACTOR and CONSULTANT in writing of any objection to the
Application for Payment, then CONTRACTOR may, give written notice to CITY
and CONSULTANT of such delay, neglect or default, specifying the same. If
CITY or CONSULTANT (where applicable), within a period of ten (10) calendar
days after such notice shall not remedy the delay, neglect, or default upon which
the notice is based, then CONTRACTOR may stop work or terminate this
Contract and recover from CITY payment for all work executed and reasonable
expenses sustained therein plus reasonable termination expenses. Any
objection made by CITY to an Application for Payment shall be submitted to
CONSULTANT in accordance with the provisions of Article 12 hereof.
17. Assianment:
Neither party hereto shall assign the Contract or any subcontract in whole or in
part without the written consent of the other, nor shall CONTRACTOR assign any
monies due or to become due to it hereunder, without the previous written
consent of the Mayor and City Commission.
BID NO: 26-06/07
DATE: 01/24/07
CITY OF MIAMI BEACH
116
18. Riohts of Various Interests:
Whenever work being done by CITY's forces or by other contractors is
contiguous to or within the limits of work covered by this Contract, the respective
rights of the various interests involved shall be established by the Contract
Administrator to secure the completion of the various portions of the work in
general harmony.
19. Differina Site Conditions:
In the event that during the course of the Work CONTRACTOR encounters
subsurface or concealed conditions at the Project site which differ materially from
those shown on the Contract Documents and from those ordinarily encountered
and generally recognized as inherent in work of the character called for in the
Contract Documents; or unknown physical conditions of the Project site, of an
unusual nature, which differ materially from that ordinarily encountered and
generally recognized as inherent in work of the character called for in the
Contract Documents, CONTRACTOR, without disturbing the conditions and
before performing any work affected by such conditions, shall, within twenty-four
(24) hours of their discovery, notify CITY and CONSULTANT in writing of the
existence of the aforesaid conditions. CONSULTANT and CITY shall, within two
(2) business days after receipt of CONTRACTOR's written notice, investigate the
site conditions identified by CONTRACTOR. If, in the sole opinion of
CONSULTANT, the conditions do materially so differ and cause an increase or
decrease in CONTRACTOR's cost of, or the time required for, the performance
of any part of the Work, whether or not charged as a result of the conditions,
CONSULTANT shall recommend an equitable adjustment to the Contract Price,
or the Contract Time, or both. If CITY and CONTRACTOR cannot agree on an
adjustment in the Contract Price or Contract Time, the adjustment shall be
referred to CONSULTANT for determination in accordance with the provisions of
Article 12. Should CONSULTANT determine that the conditions of the Project
site are not so materially different to justify a change in the terms of the Contract,
CONSULTANT shall so notify CITY and CONTRACTOR in writing, stating the
reasons, and such determination shall be final and binding upon the parties
hereto.
No request by CONTRACTOR for an equitable adjustment to the Contract under
this provision shall be allowed unless CONTRACTOR has given written notice in
strict accordance with the provisions of this Article. No request for an equitable
adjustment or change to the Contract Price or Contract Time for differing site
conditions shall be allowed if made after the date certified by CONSULTANT as
the date of substantial completion.
BID NO: 26-06/07
DATE: 01/24/07
CITY OF MIAMI BEACH
117
20. Plans and Working Drawinas:
CITY, through CONSULTANT, shall have the right to modify the details of the
plans and specifications, to supplement the plans and specifications with
additional plans, drawings or additional information as the Work proceeds, all of
which shall be considered as part of the Project Manual. In case of
disagreement between the written and graphic portions of the Project Manual,
the written portion shall govern.
21. CONTRACTOR to Check Plans. Specifications and Data:
CONTRACTOR shall verify all dimensions, quantities and details shown on the
plans, specifications or other data received from CONSULTANT, and shall notify
CONSULTANT of all errors, omissions and discrepancies found therein within
three (3) calendar days of discovery. CONTRACTOR will not be allowed to take
advantage of any error, omission or discrepancy, as full instructions will be
furnished by CONSULTANT. CONTRACTOR shall not be liable for damages
resulting from errors, omissions or discrepancies in the Contract Documents
unless CONTRACTOR recognized such error, omission or discrepancy and
knowingly failed to report it to CONSULTANT.
22. CONTRACTOR's Responsibility for Damaaes and Accidents:
22.1. CONTRACTOR shall accept full responsibility for the Work against all loss
or damage of whatsoever nature sustained until final acceptance by CITY,
and shall promptly repair any damage done from any cause whatsoever,
except as provided in Article 29.
22.2. CONTRACTOR shall be responsible for all materials, equipment and
supplies pertaining to the Project. In the event any such materials,
equipment and supplies are lost, stolen, damaged or destroyed prior to
final acceptance by CITY, CONTRACTOR shall replace same without cost
to CITY, except as provided in Article 29.
23. Warranty:
CONTRACTOR warrants to CITY that all materials and equipment furnished
under this Contract will be new unless otherwise specified and that all of the
Work will be of good quality, free from faults and defects and in conformance with
the Contract Documents. All work not conforming to these requirements,
including substitutions not properly approved and authorized, may be considered
defective. If required by CONSULTANT, CONTRACTOR shall furnish
satisfactory evidence as to the kind and quality of materials and equipment. This
warranty is not limited by the provisions of Article 25 herein.
BID NO: 26-06/07
DATE: 01/24/07
CITY OF MIAMI BEACH
118
24. Supplementarv Drawinas:
24.1. When, in the opinion of CONSULTANT, it becomes necessary to explain
the Work to be done more fully, or to illustrate the Work further, or to show
any changes which may be required, supplementary drawings, with
specifications pertaining thereto, will be prepared by CONSULTANT.
24.2. The supplementary drawings shall be binding upon CONTRACTOR with
the same force as the Project Manual. Where such supplementary
drawings require either less or more than the original quantities of work,
appropriate adjustments shall be made by Change Order.
25. Defective Work:
25.1. CONSULTANT shall have the authority to reject or disapprove work which
CONSULTANT finds to be defective. If required by CONSULTANT,
CONTRACTOR shall promptly either correct all defective work or remove
such defective work and replace it with nondefective work.
CONTRACTOR shall bear all direct, indirect and consequential costs of
such removal or corrections including cost of testing laboratories and
personnel.
25.2. Should CONTRACTOR fail or refuse to remove or correct any defective
work or to make any necessary repairs in accordance with the
requirements of the Contract Documents within the time indicated in
writing by CONSULTANT, CITY shall have the authority to cause the
defective work to be removed or corrected, or make such repairs as may
be necessary at CONTRACTOR's expense. Any expense incurred by
CITY in making such removals, corrections or repairs, shall be paid for out
of any monies due or which may become due to CONTRACTOR, or may
be charged against the Performance Bond. In the event of failure of
CONTRACTOR to make all necessary repairs promptly and fully, CITY
may declare CONTRACTOR in default.
25.3. If, within one (1) year after the date of substantial completion or such
longer period of time as may be prescribed by the terms of any applicable
special warranty required by the Contract Documents, or by any specific
provision of the Contract Documents, any of the Work is found to be
defective or not in accordance with the Contract Documents,
CONTRACTOR, after receipt of written notice from CITY, shall promptly
co"rrect such defective or nonconforming Work within the time specified by
CITY without cost to CITY, to do so. Nothing contained herein shall be
construed to establish a period of limitation with respect to any other
obligation which CONTRACTOR might have under the Contract
Documents including but not limited to, Article 23 hereof and any claim
regarding latent defects.
BID NO: 26-06/07
DATE: 01/24/07
CITY OF MIAMI BEACH
119
25.4. Failure to reject any defective work or material shall not in any way
prevent later rejection when such defect is discovered, or obligate CITY to
final acceptance.
26. Taxes
CONTRACTOR shall pay all applicable sales, consumer, use and other taxes
required by law. CONTRACTOR is responsible for reviewing the pertinent state
statutes involving state taxes and complying with all requirements.
27. Subcontracts:
27.1. CONTRACTOR shall not employ any subcontractor against whom CITY or
CONSULTANT may have a reasonable objection. CONTRACTOR shall
not be required to employ any subcontractor against whom
CONTRACTOR has a reasonable objection.
27.2. CONTRACTOR shall be fully responsible for all acts and omissions of its
subcontractors and of persons directly or indirectly employed by its
subcontractors and of persons for whose acts any of them may be liable to
the same extent that CONTRACTOR is responsible for the acts and
omissions of persons directly employed by it. Nothing in the Contract
Documents shall create any contractual relationship between any
subcontractor and CITY or any obligation on the part of CITY to payor to
see the payment of any monies due any subcontractor. CITY or
CONSULTANT may furnish to any subcontractor evidence of amounts
paid to CONTRACTOR on account of specific work performed.
27.3. CONTRACTOR agrees to bind specifically every subcontractor to the
applicable terms and conditions of the Contract Documents for the benefit
of CITY.
[] 27.4. CONTRACTOR shall perform the Work with its own organization,
amounting to not less than % percent of the Contract Price.
28. Separate Contracts:
28.1. CITY reserves the right to let other contracts in connection with this
Project. CONTRACTOR shall afford other persons reasonable opportunity
for the introduction and storage of their materials and the execution of
their work and shall properly connect and coordinate this Work with theirs.
28.2. If any part of CONTRACTOR's Work depends for proper execution or
results upon the work of any other persons, CONTRACTOR shall inspect
BID NO: 26-06/07
DATE: 01/24/07
CITY OF MIAMI BEACH
120
and promptly report to CONSULTANT any defects in such work that
render it unsuitable for such proper execution and results.
CONTRACTOR's failure to so inspect and report shall constitute an
acceptance of the other person's work as fit and proper for the reception of
CONTRACTOR's Work, except as to defects which may develop in other
contractor's work after the execution of CONTRACTOR's.
28.3. CONTRACTOR shall conduct its operations and take all reasonable steps
to coordinate the prosecution of the Work so as to create no interference
or impact on any other contractor on the site. Should such interference or
impact occur, CONTRACTOR shall be liable to the affected contractor for
the cost of such interference or impact.
28.4. To insure the proper execution of subsequent work, CONTRACTOR shall
inspect the work already in place and shall at once report to
CONSULTANT any discrepancy between the executed work and the
requirements of the Contract Documents.
29. Use of Comoleted Portions:
29.1. CITY shall have the right at its sole option to take possession of and use
any completed or partially completed portions of the Project. Such
possession and use shall not be deemed an acceptance of any of the
Work not completed in accordance with the Contract Documents. If such
possession and use increases the cost of or delays the Work,
CONTRACTOR shall be entitled to reasonable extra compensation, or
reasonable extension of time or both, as recommended by CONSULTANT
and approved by CITY.
29.2. In the event CITY takes possession of any completed or partially
completed portions of the Project, the following shall occur:
29.2.1. CITY shall give notice to CONTRACTOR in writing at least
thirty (30) calendar days prior to CITY's intended occupancy of
a designated area.
29.2.2. CONTRACTOR shall complete to the point of Substantial
Completion the designated area and request inspection and
issuance of a Certificate of Substantial Completion in the form
attached hereto as 00925 from CONSULTANT.
BID NO: 26-06/07
DATE: 01/24/07
CITY OF MIAMI BEACH
121
29.2.3. Upon CONSULTANT's issuance of a Certificate of Substantial
Completion, CITY will assume full responsibility for
maintenance, utilities, subsequent damages of CITY and
public, adjustment of insurance coverages and start of warranty
for the occupied area.
29.2.4. CONTRACTOR shall complete all items noted on the
Certificate of Substantial Completion within the time specified
by CONSULTANT on the Certificate of Substantial Completion,
as soon as possible and request final inspection and final
acceptance of the portion of the Work occupied. Upon
completion of final inspection and receipt of an application for
final payment, CONSULTANT shall issue a Final Certificate of
Payment relative to the occupied area.
29.2.5. If CITY finds it necessary to occupy or use a portion or portions
of the Work prior to Substantial Completion thereof, such
occupancy or use shall not commence prior to a time mutually
agreed upon by CITY and CONTRACTOR and to which the
insurance company or companies providing the property
insurance have consented by endorsement to the policy or
policies. Insurance on the unoccupied or unused portion or
portions shall not be canceled or lapsed on account of such
partial occupancy or use. Consent of CONTRACTOR and of
the insurance company or companies to such occupancy or
use shall not be unreasonably withheld.
30. Lands for Work:
30.1. CITY shall provide, as may be indicated in the Contract Documents, the
lands upon which the Work is to be performed, rights-of-way and
easements for access thereto and such other lands as are designated by
CITY or the use of CONTRACTOR.
30.2. CONTRACTOR shall provide, at CONTRACTOR's own expense and
without liability to CITY, any additional land and access thereto that may
be required for temporary construction facilities, or for storage of
materials. CONTRACTOR shall furnish to CITY copies of written
permission obtained by CONTRACTOR from the owners of such facilities.
31. Leaal Restrictions and Traffic Provisions:
CONTRACTOR shall conform to and obey all applicable laws, regulations, or
ordinances with regard to labor employed, hours of work and CONTRACTOR's
general operations. CONTRACTOR shall conduct its operations so as not to
BID NO: 26-06/07
DATE: 01/24/07
CITY OF MIAMI BEACH
122
close any thoroughfare, nor interfere in any way with traffic on railway, highways,
or water, without the prior written consent of the proper authorities.
32. Location and Damage to ExistinQ Facilities. Eauipment or Utilities:
32.1. As far as possible, all existing utility lines in the Project area have been
shown on the plans. However, CITY does not guarantee that all lines are
shown, or that the ones indicated are in their true location. It shall be the
CONTRACTORr::-S responsibility to identify and locate all underground
and overhead utility lines or equipment affecting or affected by the Project.
No additional payment will be made to the CONTRACTOR because of
discrepancies in actual and plan location of utilities, and damages suffered
as a result thereof.
32.2. The CONTRACTOR shall notify each utility company involved at least ten
(10) days prior to the start of construction to arrange for positive
underground location, relocation or support of its utility where that utility
may be in conflict with or endangered by the proposed construction.
Relocation of water mains or other utilities for the convenience of the
CONTRACTOR shall be paid by the CONTRACTOR. All charges by utility
companies for temporary support of its utilities shall be paid for by the
CONTRACTOR. All costs of permanent utility relocation to avoid conflict
shall be the responsibility of the utility company involved. No additional
payment will be made to the CONTRACTOR for utility relocations,
whether or not said relocation is necessary to avoid conflict with other
lines.
32.3. The CONTRACTOR shall schedule the work in such a manner that the
work is not delayed by the utility providers relocating or supporting their
utilities. The CONTRACTOR shall coordinate its activities with any and all
public and private utility providers occupying the right-of-way. No
compensation will be paid to the CONTRACTOR for any loss of time or
delay.
32.4. All overhead, surface or underground structures and utilities encountered
are to be carefully protected from injury or displacement. All damage to
such structures is to be completely repaired within a reasonable time;
needless delay will not be tolerated. The CITY reserves the right to
remedy such damage by ordering outside parties to make such repairs at
the expense of the CONTRACTOR. All such repairs made by the
CONTRACTOR are to be made to the satisfaction of the utility owner. All
damaged utilities must be replaced or fully repaired. All repairs are to be
inspected by the utility owner prior to backfilling.
BID NO: 26-06/07
DATE: 01/24/07
CITY OF MIAMI BEACH
123
33. Value Enoineerino:
CONTRACTOR may request substitution of materials, articles, pieces of
equipment or any changes that reduce the Contract Price by making such
request to CONSULTANT in writing. CONSULTANT will be the sole judge of
acceptability, and no substitute will be ordered, installed, used or initiated without
CONSULTANT's prior written acceptance which will be evidenced by either a
Change Order or an approved Shop Drawing. However, any substitution
accepted by CONSULTANT shall not result in any increase in the Contract Price
or Contract Time. By making a request for substitution, CONTRACTOR agrees
to pay directly to CONSULTANT all CONSULTANT's fees and charges related to
CONSULTANT's review of the request for substitution, whether or not the
request for substitution is accepted by CONSULTANT. Any substitution
submitted by CONTRACTOR must meet the form, fit, function and life cycle
criteria of the item proposed to be replaced and there must be a net dollar
savings including CONSULTANT review fees and charges. If a substitution is
approved, the net dollar savings shall be shared equally between
CONTRACTOR and CITY and shall be processed as a deductive Change Order.
CITY may require CONTRACTOR to furnish at CONTRACTOR's expense a
special performance guarantee or other surety with respect to any substitute
approved after award of the Contract.
34. Continuina the Work:
CONTRACTOR shall carry on the Work and adhere to the progress schedule
during all disputes or disagreements with CITY, including disputes or
disagreements concerning a request for a Change Order, a request for a change
in the Contract Price or Contract Time. The Work shall not be delayed or
postponed pending resolution of any disputes or disagreements.
35. Chanoes in the Work or Terms of Contract Documents:
35.1. Without invalidating the Contract and without notice to any surety CITY
reserves and shall have the right, from time to time to make such
increases, decreases or other changes in the character or quantity of the
Work as may be considered necessary or desirable to complete fully and
acceptably the proposed construction in a satisfactory manner. Any extra
or additional work within the scope of this Project must be accomplished
by means of appropriate Field Orders and Supplemental Instructions or
Change Orders.
35.2. Any changes to the terms of the Contract Documents must be contained
in a written document, executed by the parties hereto, with the same
formality and of equal dignity prior to the initiation of any work reflecting
BID NO: 26-06/07
DATE: 01/24/07
CITY OF MIAMI BEACH
124
such change. This section shall not prohibit the issuance of Change
Orders executed only by CITY as hereinafter provided.
36. Field Orders and Supplemental Instructions:
36.1. The Contract Administrator, through CONSULTANT, shall have the right
to approve and issue Field Orders setting forth written interpretations of
the intent of the Contract Documents and ordering minor changes in Work
execution, providing the Field Order involves no change in the Contract
Price or the Contract Time.
36.2. CONSULTANT shall have the right to approve and issue Supplemental
Instructions setting forth written orders, instructions, or interpretations
concerning the Contract Documents or its performance, provided such
Supplemental Instructions involve no change in the Contract Price or the
Contract Time.
37. Chanae Orders:
37.1. Changes in the quantity or character of the Work within the scope of the
Project which are not properly the subject of Field Orders or Supplemental
Instructions, including all changes resulting in changes in the Contract
Price, or the Contract Time, shall be authorized only by Change Orders
approved in advance and issued in accordance with the provisions of the
CITY.
37.2. All changes to construction contracts must be approved in advance in
accordance with the value of the Change Order or the calculated value of
the time extension. All Change Orders with a value of $25,000 or more
shall be approved in advance by the Mayor and City Commission. All
Change Orders with a value of less than $25,000 shall be approved in
advance by the City Manager or his designee.
37.3. In the event satisfactory adjustment cannot be reached for any item
requiring a change in the Contract Price or Contract Time, and a Change
Order has not been issued, CITY reserves the right at its sole option to
either terminate the Contract as it applies to the items in question and
make such arrangements as may be deemed necessary to complete the
disputed work; or submit the matter in dispute to CONSULTANT as set
forth in Article 12 hereof. During the pendency of the dispute, and upon
receipt of a Change Order approved by CITY, CONTRACTOR shall
promptly proceed with the change in the Work involved and advise the
CONSULTANT and Contract Administrator in writing within seven (7)
calendar days of CONTRACTOR's agreement or disagreement with the
BID NO: 26-06/07
DATE: 01/24/07
CITY OF MIAMI BEACH
125
method, if any, provided in the Change Order for determining the
proposed adjustment in the Contract Price or Contract Time.
37.4. On approval of any Contract change increasing the Contract Price,
CONTRACTOR shall ensure that the performance bond and payment
bond are increased so that each reflects the total Contract Price as
increased.
37.5. Under circumstances determined necessary by CITY, Change Orders may
be issued unilaterally by CITY.
38. Value of ChanQe Order Work:
38.1. The value of any work covered by a Change Order or of any claim for an
increase or decrease in the Contract Price shall be determined in one of
the following ways:
38.1.1. Where the work involved is covered by unit prices contained in
the Contract Documents, by application of unit prices to the
quantities of items involved, subject to the provisions of Section
38.7.
38.1.2. By mutual acceptance of a lump sum which CONTRACTOR
and CITY acknowledge contains a component for overhead and
profit.
38.1.3. On the basis of the "cost of work," determined as provided in
Sections 38.2 and 38.3, plus a CONTRACTOR's fee for
overhead and profit which is determined as provided in Section
38.4.
38.2. The term "cost of work" means the sum of all direct costs necessarily
incurred and paid by CONTRACTOR in the proper performance of the
Work described in the Change Order. Except as otherwise may be
agreed to in writing by CITY, such costs shall be in amounts no higher
than those prevailing in the locality of the Project, shall include only the
following items and shall not include any of the costs itemized in Section
38.3.
38.2.1. Payroll costs for employees in the direct employ of
CONTRACTOR in the performance of the work described in the
Change Order under schedules of job classifications agreed
upon by CITY and CONTRACTOR. Payroll costs for employees
not employed full time on the work covered by the Change
Order shall be apportioned on the basis of their time spent on
BID NO: 26-06/07 CITY OF MIAMI BEACH
DATE: 01/24/07 126
the work. Payroll costs shall include, but not be limited to,
salaries and wages plus the cost of fringe benefits which shall
include social security contributions, unemployment, excise and
payroll taxes, workers' or workmen's compensation, health and
retirement benefits, bonuses, sick leave, vacation and holiday
pay application thereto. Such employees shall include
superintendents and foremen at the site. The expenses of
performing the work after regular working hours, on Sunday or
legal holidays, shall be included in the above to the extent
authorized by CITY.
38.2.2. Cost of all materials and equipment furnished and incorporated
in the work, including costs of transportation and storage
thereof, and manufacturers' field services required in connection
therewith. All cash discounts shall accrue to CONTRACTOR
unless CITY deposits funds with CONTRACTOR with which to
make payments, in which case the cash discounts shall accrue
to CITY. All trade discounts, rebates and refunds, and all
returns from sale of surplus materials and equipment shall
accrue to CITY and CONTRACTOR shall make provisions so
that they may be obtained. Rentals of all construction
equipment and machinery and the parts thereof whether rented
from CONTRACTOR or others in accordance with rental
agreements approved by CITY with the advice of
CONSULTANT and the costs of transportation, loading,
unloading, installation, dismantling and removal thereof, all in
accordance with the terms of said agreements. The rental of
any such equipment, machinery or parts shall cease when the
use thereof is no longer necessary for the work.
38.2.3. Payments made by CONTRACTOR to Subcontractors for work
performed by Subcontractors. If required by CITY,
CONTRACTOR shall obtain competitive bids from
Subcontractors acceptable to CONTRACTOR and shall deliver
such bids to CITY who will then determine, with the advice of
CONSULTANT, which bids will be accepted. If the Subcontract
provides that the Subcontractor is to be paid on the basis of cost
of the work plus a fee, the Subcontractor's cost of the work shall
be determined in the same manner as CONTRACTOR'S cost of
the work. All Subcontractors shall be subject to the other
provisions of the Contract Documents insofar as applicable.
38.2.4. Cost of special consultants, including, but not limited to,
engineers, architects, testing laboratories, and surveyors
BID NO: 26-06/07 CITY OF MIAMI BEACH
DATE: 01/24/07 127
employed for services specifically related to the performance of
the work described in the Change Order.
38.2.5. Supplemental costs including the following:
38.2.5.1. The proportion of necessary transportation, travel
and subsistence expenses of CONTRACTOR's
employees incurred in discharge of duties connected
with the work except for local travel to and from the
site of the work.
38.2.5.2. Cost, including transportation and maintenance, of all
materials, supplies, equipment, machinery, applian-
ces, office and temporary facilities at the site and
hand tools not owned by the workmen, which are
consumed in the performance of the work, and cost
less market value of such items used but not
consumed which remains the property of
CONTRACTOR.
38.2.5.3. Sales, use, or similar taxes related to the work, and
for which CONTRACTOR is liable, imposed by any
governmental authority.
38.2.5.4. Deposits lost for causes other than CONTRACTOR's
negligence; royalty payments and fees for permits
and licenses.
38.2.5.5. The cost of utilities, fuel and sanitary facilities at the
site.
38.2.5.6. Receipted minor expenses such as telegrams, long
distance telephone calls, telephone service at the
site, expressage and similar petty cash items in
connection with the work.
38.2.5.7. Cost of premiums for additional bonds and insurance
required because of changes in the work.
38.3. The term "cost of the work" shall not include any of the following:
38.3.1. Payroll costs and other compensation of CONTRACTOR's
officers, executives, principals (of partnership and sole
proprietorships), general managers, engineers, architects,
estimators, lawyers, auditors, accountants, purchasing and
BID NO: 26-06/07 CITY OF MIAMI BEACH
DATE: 01/24/07 128
contracting agents, expediters, timekeepers, clerks and other
personnel employed by CONTRACTOR whether at the site or in
its principal or a branch office for general administration of the
work and not specifically included in the agreed-upon schedule
of job classifications referred to in Section 38.2.1., all of which
are to be considered administrative costs covered by
CONTRACTOR's fee.
38.3.2. Expenses of CONTRACTOR's principal and branch offices
other than CONTRACTOR's office at the site.
38.3.3. Any part of CONTRACTOR's capital expenses, including
interest on CONTRACTOR's capital employed for the work and
charges against CONTRACTOR for delinquent payments.
38.3.4. Cost of premiums for all Bonds and for all insurance whether or
not CONTRACTOR is required by the Contract Documents to
purchase and maintain the same, except for additional bonds
and insurance required because of changes in the work.
38.3.5. Costs due to the negligence or neglect of CONTRACTOR, any
Subcontractors, or anyone directly or indirectly employed by any
of them or for whose acts any of them may be liable, including
but not limited to, the correction of defective work, disposal of
materials or equipment wrongly supplied and making good any
damage to property.
38.3.6. Other overhead or general expense costs of any kind and the
cost of any item not specifically and expressly included in
Section 38.2.
38.4. CONTRACTOR's fee allowed to CONTRACTOR for overhead and profit
shall be determined as follows:
38.4.1. A mutually acceptable fixed fee or if none can be agreed upon,
38.4.2. A fee based on the following percentages of the various portions
of the cost of the work:
38.4.2.1. For costs incurred under Sections 38.2.1 and
38.2.2, CONTRACTOR's fee shall not exceed ten
percent (10%).
38.4.2.2. For costs incurred under Section 38.2.3,
CONTRACTOR's fee shall not exceed seven and
BID NO: 26-06/07 CITY OF MIAMI BEACH
DATE: 01/24/07 129
one half percent (7.5%); and if a subcontract is on
the basis of cost of the work plus a fee, the
maximum allowable to the Subcontractor as a fee
for overhead and profit shall not exceed ten
percent (10%); and
38.4.2.3.
No fee shall be payable on the basis of costs
itemized under Sections 38.2.4 and 38.2.5,
(except Section 38.2.5.3), and Section 38.3.
38.5. The amount of credit to be allowed by CONTRACTOR to CITY for any
such change which results in a net decrease in cost, will be the amount of
the actual net decrease. When both additions and credits are involved in
anyone change, the combined overhead and profit shall be figured on the
basis of the net increase, if any, however, CONTRACTOR shall not be
entitled to claim lost profits for any Work not performed.
38.6. Whenever the cost of any work is to be determined pursuant to Sections
38.2 and 38.3, CONTRACTOR will submit in a form acceptable to
CONSULTANT an itemized cost breakdown together with the supporting
data.
38.7. Where the quantity of any item of the Work that is covered by a unit price
is increased or decreased by more than twenty percent (20%) from the
quantity of such work indicated in the Contract Documents, an appropriate
Change Order shall be issued to adjust the unit price, if warranted.
38.8. Whenever a change in the Work is to be based on mutual acceptance of a
lump sum, whether the amount is an addition, credit or no change-in-cost,
CONTRACTOR shall submit an initial cost estimate acceptable to
CONSULTANT and Contract Administrator.
38.8.1. Breakdown shall list the quantities and unit prices for materials,
labor, equipment and other items of cost.
38.8.2. Whenever a change involves CONTRACTOR and one or more
Subcontractors and the change is an increase in the Contract
Price, overhead and profit percentage for CONTRACTOR and
each Subcontractor shall be itemized separately.
38.9. Each Change Order must state within the body of the Change Order
whether it is based upon unit price, negotiated lump sum, or "cost of the
work."
BID NO: 26-06/07
DATE: 01/24/07
CITY OF MIAMI BEACH
130
39. Notification and Claim for Chanae of Contract Time or Contract Price:
39.1. Any claim for a change in the Contract Time or Contract Price shall be
made by written notice by CONTRACTOR to the Contract Administrator
and to CONSULTANT within five (5) calendar days of the commencement
of the event giving rise to the claim and stating the general nature and
cause of the claim. Thereafter, within twenty (20) calendar days of the
termination of the event giving rise to the claim, written notice of the extent
of the claim with supporting information and documentation shall be
provided unless CONSULTANT allows an additional period of time to
ascertain more accurate data in support of the claim and such notice shall
be accompanied by CONTRACTOR's written notarized statement that the
adjustment claimed is the entire adjustment to which the CONTRACTOR
has reason to believe it is entitled as a result of the occurrence of said
event. All claims for changes in the Contract Time or Contract Price shall
be determined by CONSULTANT in accordance with Article 12 hereof, if
CITY and CONTRACTOR cannot otherwise agree. IT IS EXPRESSLY
AND SPECIFICALLY AGREED THAT ANY AND ALL CLAIMS FOR
CHANGES TO THE CONTRACT TIME OR CONTRACT PRICE SHALL
BE WAIVED IF NOT SUBMITTED IN STRICT ACCORDANCE WITH
THE REQUIREMENTS OF THIS SECTION.
39.2. The Contract Time will be extended in an amount equal to time lost on
critical Work items due to delays beyond the control of and through no
fault or negligence of CONTRACTOR if a claim is made therefor as
provided in Section 39.1. Such delays shall include, but not be limited to,
acts or neglect by any separate contractor employed by CITY, fires,
floods, labor disputes, epidemics, abnormal weather conditions or acts of
God.
40. No Damaaes for Delay:
No claim for damages or any claim, other than for an extension of time, shall be
made or asserted against CITY by reason of any delays except as provided
herein.- CONTRACTOR shall not be entitled to an increase in the Contract Price
or payment or compensation of any kind from CITY for direct, indirect,
consequential, impact or other costs, expenses or damages, including but not
limited to costs of acceleration or inefficiency, arising because of delay,
disruption, interference or hindrance from any cause whatsoever, whether such
delay, disruption, interference or hindrance be reasonable or unreasonable,
foreseeable or unforeseeable, or avoidable or unavoidable; provided, however,
that this provision shall not preclude recovery of damages by CONTRACTOR for
actual delays due solely to fraud, bad faith or active interference on the part of
CITY or its CONSULTANT. Otherwise, CONTRACTOR shall be entitled only to
BID NO: 26-06/07
DATE: 01/24/07
CITY OF MIAMI BEACH
131
extensions of the Contract Time as the sole and exclusive remedy for such
resulting delay, in accordance with and to the extent specifically provided above.
41 . Excusable Delay: Compensable; Non-Compensable:
41.1 Excusable Delay. Delay which extends the completion of the Work and
which is caused by circumstances beyond the control of CONTRACTOR
or its subcontractors, suppliers or vendors is Excusable Delay.
CONTRACTOR is entitled to a time extension of the Contract Time for
each day the Work is delayed due to Excusable Delay. CONTRACTOR
shall document its claim for any time extension as provided in Article 39
hereof.
Failure of CONTRACTOR to comply with Article 39 hereof as to any
particular event of delay shall be deemed conclusively to constitute a
waiver, abandonment or relinquishment of any and all claims resulting
from that particular event of delay.
Excusable Delay may be compensable or non-compensable:
(a) Compensable Excusable Delay. Excusable Delay is compensable
when (i) the delay extends the Contract Time, (ii) is caused by
circumstances beyond the control of the CONTRACTOR or its
subcontractors, suppliers or vendors, and (iii) is caused solely by
fraud, bad faith or active interference on the part of CITY or its
agents. In no event shall CONTRACTOR be compensated for
interim delays which do not extend the Contract Time.
CONTRACTOR shall be entitled to direct and indirect costs for
Compensable Excusable Delay. Direct costs recoverable by
CONTRACTOR shall be limited to the actual additional costs allowed
pursuant to Article -38 hereof.
CITY and CONTRACTOR recognize and agree that the amount of
CONTRACTOR's precise actual indirect costs for delay in the
performance and completion of the Work is impossible to determine as of
the date of execution of the Contract Documents, and that proof of the
precise amount will be difficult. Therefore, indirect costs recoverable by
the CONTRACTOR shall be liquidated on a daily basis for each day the
Contract Time is delayed due to a Compensable Excusable Delay. These
liquidated indirect costs shall be paid to compensate CONTRACTOR for
all indirect costs caused by a Compensable Excusable Delay and shall
include, but not be limited to, all profit on indirect costs, home office
overhead, acceleration, loss of earnings, loss of productivity, loss of
BID NO: 26-06/07
DATE: 01/24/07
CITY OF MIAMI BEACH
132
bonding capacity, loss of opportunity and all other indirect costs incurred
by CONTRACTOR. The amount of liquidated indirect costs recoverable
shall be N/A per day for each calendar day the Contract is delayed
due to a Compensable Excusable Delay.
(b) Non-Compensable Excusable Delay. When Excusable Delay is
(i) caused by circumstances beyond the control of CONTRACTOR,
its subcontractors, suppliers and vendors, and is also caused by
circumstances beyond the control of the CITY or CONSULTANT, or
(ii) is caused jointly or concurrently by CONTRACTOR or its
subcontractors, suppliers or vendors and by the CITY or
CONSULTANT, then CONTRACTOR shall be entitled only to a time
extension and no further compensation for the delay.
42. Substantial Completion:
When CONTRACTOR considers that the Work, or a portion thereof designated
by CITY pursuant to Article 29 hereof, has reached Substantial Completion,
CONTRACTOR shall so notify CITY and CONSULTANT in writing.
CONSULTANT and CITY shall then promptly inspect the Work. When
CONSULTANT, on the basis of such an inspection, determines that the Work or
designated portion thereof is substantially complete, it will then prepare a
Certificate of Substantial Completion in the form attached hereto as Form 00925
which shall establish the Date of Substantial Completion; shall state the
responsibilities of CITY and CONTRACTOR for security, maintenance, heat,
utilities, damage to the Work, and insurance; and shall list all Work yet to be
completed to satisfy the requirements of the Contract Documents for Final
Completion. The failure to include any items of corrective work on such list does
not alter the responsibility of CONTRACTOR to complete all of the Work in
accordance with the Contract Documents. Warranties required by the Contract
Documents shall commence on the date of Substantial Completion of the Work
or designated portion thereof unless otherwise provided in the Certificate of
Substantial Completion. The Certificate of Substantial Completion shall be
submitted to CITY through the Contract Administrator and CONTRACTOR for
their written acceptance of the responsibilities assigned to them in such
Certificate.
43. No Interest:
Any monies not paid by CITY when claimed to be due to CONTRACTOR under
this Agreement, including, but not limited to, any and all claims for contract
damages of any type, shall not be subject to interest including, but not limited to
prejudgment interest. However, the provisions of CITY's prompt payment
ordinance, as such relates to timeliness of payment, and the provisions of
BID NO: 26-06/07
DATE: 01/24/07
CITY OF MIAMI BEACH
133
Section 218.74(4), Florida Statutes (1989) as such relates to the payment of
interest, shall apply to valid and proper invoices.
44. Shop DrawinQs:
44.1. CONTRACTOR shall submit Shop Drawings as required by the Technical
Specifications. The purpose of the Shop Drawings is to show the
suitability, efficiency, technique of manufacture, installation requirements,
details of the item and evidence of its compliance or noncompliance with
the Contract Documents.
44.2. Within thirty (30) ~alendar days after the Project Initiation Date specified
in the Notice to Proceed, CONTRACTOR shall submit to CONSULTANT
a complete list of preliminary data on items for which Shop Drawings are
to be submitted and shall identify the critical items. Approval of this list by
CONSULTANT shall in no way relieve CONTRACTOR from submitting
complete Shop Drawings and providing materials, equipment, etc., fully in
accordance with the Contract Documents. This procedure is required in
order to expedite final approval of Shop Drawings.
44.3. After the approval of the list of items required in Section 44.2 above,
CONTRACTOR shall promptly request Shop Drawings from the various
manufacturers, fabricators, and suppliers. CONTRACTOR shall include
all shop drawings and other submittals in its certification.
44.4. CONTRACTOR shall thoroughly review and check the Shop Drawings
and each and every copy shall show this approval thereon.
44.5. If the Shop Drawings show or indicate departures from the Contract
requirements, CONTRACTOR shall make specific mention thereof in its
letter of transmittal. Failure to point out such departures shall not relieve
CONTRACTOR from its responsibility to comply with the Contract
Documents.
44.6. CONSULTANT shall review and approve Shop Drawings within twenty-
one (21) calendar days from the date received, unless said Drawings are
rejected by CONSULTANT for material reasons. CONSULTANT's
approval of Shop Drawings will be general and shall not relieve
CONTRACTOR of responsibility for the accuracy of such Drawings, nor
for the proper fitting and construction of the work, nor for the furnishing of
materials or work required by the Contract Documents and not indicated
on the Drawings. No work called for by Shop Drawings shall be
performed until the said Drawings have been approved by
CONSULTANT. Approval shall not relieve CONTRACTOR from
responsibility for errors or omissions of any sort on the Shop Drawings.
BID NO: 26-06/07 CITY OF MIAMI BEACH
DATE: 01/24/07 134
44.7. No approval will be given to partial submittals of Shop Drawings for items
which interconnect and/or are interdependent where necessary to
properly evaluate the design. It is CONTRACTOR's responsibility to
assemble the Shop Drawings for all such interconnecting and/or
interdependent items, check them and then make one submittal to
CONSULTANT along with its comments as to compliance,
noncompliance, or features requiring special attention.
44.8. If catalog sheets or prints of manufacturers' standard drawings are
submitted as Shop Drawings, any additional information or changes on
such drawings shall be typewritten or lettered in ink.
44.9. CONTRACTOR shall submit the number of copies required by
CONSULTANT. Resubmissions of Shop Drawings shall be made in the
same quantity until final approval is obtained.
44.10. CONTRACTOR shall keep one set of Shop Drawings marked with
CONSULTANT's approval at the job site at all times.
45. Field Layout of the Work and Record Drawinos:
45.1. The entire responsibility for establishing and maintaining line and grade in
the field lies with CONTRACTOR. CONTRACTOR shall maintain an
accurate and precise record of the location and elevation of all pipe lines,
conduits, structures, maintenance access structures, hand holes, fittings
and the like and shall prepare record or "as-built" drawings of the same
which are sealed by a Professional Surveyor. CONTRACTOR shall
deliver these records in good order to CONSULTANT as the Work is
completed. The cost of all such field layout and recording work is
included in the prices bid for the appropriate items. All record drawings
shall be made on reproducible paper and shall be delivered to
CONSULTANT prior to, and as a condition of, final payment.
45.2. CONTRACTOR shall maintain in a safe place at the Project site one
record copy of all Drawings, Plans, Specifications, Addenda, written
amendments, Change Orders, Field Orders and written interpretations
and clarifications in good order and annotated to show all changes made
during construction. These record documents together with all approved
samples and a counterpart of all approved Shop Drawings shall be
available at all times to CONSULTANT for reference. Upon Final
Completion of the Project and prior to Final Payment, these record
documents, samples and Shop Drawings shall be delivered to the
Contract Administrator.
BID NO: 26-06/07 CITY OF MIAMI BEACH
DATE: 01/24/07 135
45.3. Prior to, and as a condition precedent to Final Payment, CONTRACTOR
shall submit to CITY, CONTRACTOR's record drawings or as-built
drawings acceptable to CONSULTANT.
46. Safety and Protection:
46.1. CONTRACTOR shall be solely responsible for initiating, maintaining and
supervising all safety precautions and programs in connection with the
Project. CONTRACTOR shall take all necessary precautions for the
safety of, and shall provide the necessary protection to prevent damage,
injury or loss to:
46.1.1. All employees on the work site and other persons who may be
affected thereby;
46.1.2. All the work and all materials or equipment to be incorporated
therein, whether in storage on or off the Project site; and
46.1.3. Other property at the Project site or adjacent thereto, including
trees, shrubs, lawns, walks, pavements, roadways, structures
and utilities not designated for removal, relocation or
replacement in the course of construction.
46.2. CONTRACTOR shall comply with all applicable laws, ordinances, rules,
regulations and orders of any public body having jurisdiction for the safety
of persons or property or to protect them from damage, injury or loss; and
shall erect and maintain all necessary safeguards for such safety and
protection. CONTRACTOR shall notify owners of adjacent property and
utilities when prosecution of the work may affect them. All damage, injury
or loss to any property referred to in Sections 46.1.2 and 46.1.3 above,
caused directly or indirectly, in whole or in part, by CONTRACTOR, any
Subcontractor or anyone directly or indirectly employed by any of them or
anyone for whose acts any of them may be liable, shall be remedied by
CONTRACTOR. CONTRACTOR's duties and responsibilities for the
safety and protection of the work shall continue until such time as all the
Work is completed and CONSULTANT has issued a notice to CITY and
CONTRACTOR that the Work is acceptable except as otherwise provided
in Article 29 hereof.
46.3. CONTRACTOR shall designate a responsible member of its organization
at the Work site whose duty shall be the prevention of accidents. This
person shall be CONTRACTOR'S superintendent unless otherwise
designated in writing by CONTRACTOR to CITY.
BID NO: 26-06/07 CITY OF MIAMI BEACH
DATE: 01/24/07 136
[ x ] 47.
Final Bill of Materials:
CONTRACTOR shall be required to submit to CITY and CONSULTANT a final
bill of materials with unit costs for each bid item for supply of materials in place.
This shall be an itemized list of all materials with a unit cost for each material and
the total shall agree with unit costs established for each Contract item. A Final
Certificate for Payment cannot be issued by CONSULTANT until CONTRACTOR
submits the final bill of materials and CONSULTANT verifies the accuracy of the
units of Work.
48. Payment bv CITY for Tests:
Except when otherwise specified in the Contract Documents, the expense of all
tests requested by CONSULTANT shall be borne by CITY and performed by a
testing firm chosen by CONSULTANT. For road construction projects the
procedure for making tests required by CONSULTANT will be in conformance
with the most recent edition of the State of Florida, Department of Transportation
Standard Specifications for Road and Bridge Construction. The cost of any
required test which CONTRACTOR fails shall be paid for by CONTRACTOR.
49. Proiect Sian:
Any requirements for a project sign shall be as set forth within the Technical
Specifications section.
50. Hurricane Precautions:
50.1. During such periods of time as are designated by the United States
Weather Bureau as being a hurricane warning or alert, the
CONTRACTOR, at no cost to the CITY, shall take all precautions
necessary to secure the Project site in response to all threatened storm
events, regardless of whether the CITY or CONSULTANT has given
notice of same.
50.2. Compliance -with any specific hurricane warning or alert precautions will
not constitute additional work.
50.3. Additional work relating to hurricane warning or alert at the Project site
will be addressed by a Change Order in accordance with Section 37,
General Conditions.
50.4. Suspension of the Work caused by a threatened or actual storm event,
regardless of whether the CITY has directed such suspension, will entitle
BID NO: 26-06/07 CITY OF MIAMI BEACH
DATE: 01/24/07 137
the CONTRACTOR to additional Contract Time as noncompensable,
excusable delay, and shall not give rise to a claim for compensable delay.
51. Cleanina Up: City's Riaht to Clean Up:
CONTRACTOR shall at all times keep the premises free from accumulation of
waste materials or rubbish caused by its operations. At the completion of the
Project, CONTRACTOR shall remove all its waste materials and rubbish from
and about the Project as well as its tools, construction equipment, machinery and
surplus materials. If CONTRACTOR fails to clean up during the prosecution of
the Work or at the completion of the Work, CITY may do so and the cost thereof
shall be charged to CONTRACTOR. If a dispute arises between CONTRACTOR
and separate contractors as to their responsibility for cleaning up, CITY may
clean up and charge the cost thereof to the contractors responsible therefor as
CONSULTANT shall determine to bejust.
52. Removal of Eauipment:
In case of termination of this Contract before completion for any cause whatever,
CONTRACTOR, if notified to do so by CITY, shall promptly remove any part or
all of CONTRACTOR's equipment and supplies from the property of CITY, failing
which CITY shall have the right to remove such equipment and supplies at the
expense of CONTRACTOR.
53. Nondiscrimination. Eaual Employment Opportunity. and Americans with
Disabilities Act:
CONTRACTOR shall not unlawfully discriminate against any person in its
operations and activities or in its use or expenditure of funds in fulfilling its
obligations under this Agreement. CONTRACTOR shall affirmatively comply with
all applicable provisions of the Americans with Disabilities Act (ADA) in the
course of providing any services funded by CITY, including Titles I and II of the
ADA (regarding nondiscrimination on the basis of disability), and all applicable
regulations, guidelines, and standards. In addition, CONTRACTOR shall take
affirmative steps to ensure nondiscrimination in employment against disabled
persons.
CONTRACTOR's decisions regarding the delivery of services under this
Agreement shall be made without regard to or consideration of race, age,
religion, color, gender, sexual orientation, national origin, marital status, physical
or mental disability, political affiliation, or any other factor which cannot be
lawfully used as a basis for service delivery.
BID NO: 26-06/07
DATE: 01/24/07
CITY OF MIAMI BEACH
138
CONTRACTOR shall not engage in or commit any discriminatory practice in
violation of City of Miami Beach Ordinance No 92.2824 in performing any
services pursuant to this Agreement.
54. Proiect Records:
CITY shall have the right to inspect and copy, at CITY's expense, the books and
records and accounts of CONTRACTOR which relate in any way to the Project,
and to any claim for additional compensation made by CONTRACTOR, and to
conduct an audit of the financial and accounting records of CONTRACTOR
which relate to the Project and to any claim for additional compensation made by
CONTRACTOR. CONTRACTOR shall retain and, make available to CITY all
such books and records and accounts, financial or otherwise, which relate to the
Project and to any claim for a period of three (3) years following Final Completion
of the Project. During the Project and the three (3) year period following Final
Completion of the Project, CONTRACTOR shall provide CITY access to its
books and records upon seventy-two (72) hours written notice.
BID NO: 26-06/07
DATE: 01/24/07
CITY OF MIAMI BEACH
139
00920. ADDITIONAL ARTICLES:
[] 1.
Prevailino Waoe Rate Ordinance.
This Project is not federally funded. City of Miami Beach Ordinance No,
94-2960 provides that in all non-federally funded construction contracts in
excess of one million dollars to which the City of Miami Beach is a party,
the rate of wages and fringe benefits, or cash equivalent, for all laborers,
mechanics and apprentices employed by any contractor or subcontractor
on the work covered by the contract, shall not be less than the prevailing
rate of wages and fringe benefit payments or cash equivalence for similar
skills or classifications of work, as established by the Federal Register, in
the City of Miami Beach, Florida. The provisions of this Ordinance shall
not apply to the following projects:
a. water, except water treatment facilities and lift stations;
b. sewer, except sewage treatment facilities and lift stations;
c. storm drainage;
d. road construction, except bridges or structures requiring
pilings; and
e. beautification projects, which may include resurfacing new
curbs, gutters, pavers, sidewalks, landscaping, new lighting,
bus shelters, bus benches and signage.
[*NOTE: INSERT IF APPLICABLE]
[] 2.
Federal Grant Proiects: (N/A)
2.1. By virtue of the fact that the funding of this Project will be delivered
in full or in part from the United States government through
, federal assurances must
follow the grant application in addition to any and all supervening
assurances set forth in Rules and Regulations published in Federal
Register or CFR.
2.2. Clauses, terms or conditions required by federal grantor agency are
hereby attached and made a part of this Project Manual.
BID NO: 26-06/07 CITY OF MIAMI BEACH
DATE: 01/24/07 141
00922. STATEMENT OF COMPLIANCE
PREVAILING WAGE RATE ORDINANCE NO. 94-2960
Contract No.
No.
Project Title
The undersigned CONTRACTOR hereby swears under penally of perjury that, during
the period covered by the application for payment to which this statement is attached,
all mechanics, laborers, and apprentices, employed or working on the site of the
Project, have been paid at wage rates, and that the wage rates of payments,
contributions, or costs for fringe benefits have not been less than those required by City
of Miami Beach Ordinance No. 94-2960 and the applicable conditions of the Contract.
Dated
,20
(Contractor)
By:
By:
(Signature)
STATE OF
)
) SS
)
(Print Name and Title)
COUNTY OF
The foregoing instrument was acknowledged before me this
,20_. by
personaIJy known to me or who has produced
identification and who did/did not take an oath.
day of
who is
as
WITNESS my hand and official seal, this
day of
,20_.
(NOTARY SEAL)
(Signature of person taking acknowledgment)
(Name of officer taking acknowledgment)
(typed, printed or stamped)
(Title or rank)
My commission expires:
(Serial number, if any)
BID NO: 26-06/07
DATE: 01/24/07
CITY OF MIAMI BEACH
142
00923. STATEMENT OF COMPLIANCE
(DAVIS BACON ACT)
No.
Contract No.
ProjectTitle
The undersigned CONTRACTOR hereby swears under penalty of perjury that, during
the period covered by the application for payment to which this statement is attached,
all mechanics, laborers, and apprentices, employed or working on the site of the
Project, have been paid at wage rates, and that the wage rates of payments,
contributions, or costs for fringe benefits have not been less than those required by the
Davis Bacon Act and the applicable conditions of the Contract.
Dated
,20_
Contractor
By:
By:
(Signature)
(Print Name and Title)
COUNTY OF
)
) SS
)
STATE OF
The foregoing instrument was acknowledged before me this
, 20_, by
personally known to me or who has produced
identification and who did/did not take an oath.
WITNESS my hand and official seal, this day of
day of
who is
as
,20_
(NOTARY SEAL)
(Signature of person taking acknowledgment)
(Name of officer taking acknowledgment)
(typed, printed or stamped)
(Title or rank)
(Serial number, if any)
My commission expires:
BID NO: 26-06/07
DATE: 01/24/07
CITY OF MIAMI BEACH
143
00925. CERTIFICATE OF SUBSTANTIAL COMPLETION:
PROJECT:
(name, address)
CONSUL TANT:
BID/CONTRACT NUMBER:
TO (CITY):
CONTRACTOR:
CONTRACT FOR:
NOTICE TO PROCEED DATE:
DATE OF ISSUANCE:
PROJECT OR DESIGNATED PORTION SHALL INCLUDE:
The Work performed under this Contract has been reviewed and found to be
substantially complete and all documents required to be submitted by CONTRACTOR
under the Contract Documents have been received and accepted. The Date of
Substantial Completion of the Project or portion thereof designated above is hereby
established as
which is also the date of commencement of applicable warranties required by the
Contract Documents, except as stated below.
DEFINITION OF DATE OF SUBSTANTIAL COMPLETION
The Date of Substantial Completion of the Work or portion
thereof designated by CITY is the date certified by
CONSULTANT when all conditions and requirements of
permits and regulatory agencies have been satisfied and the
Work, is sufficiently complete in accordance with the
Contract Documents, so the Project is available for beneficial
occupancy by CITY. A Certificate of Occupancy must be
issued for Substantial Completion to be achieved, however,
the issuance of a Certificate of Occupancy or the date
thereof are not to be determinative of the achievement or
date of Substantial Completion.
BID NO: 26-06/07
DATE: 01/24/07
CITY OF MIAMI BEACH
144
A list of items to be completed or corrected, prepared by CONSULTANT and approved
by CITY, is attached hereto. The failure to include any items on such list does not alter
the responsibility of CONTRACTOR to complete all work in accordance with the
Contract Documents. The date of commencement of warranties for items on the
attached list will be the date of final payment unless otherwise agreed in writing.
CONSUL TANT
BY
DATE
In accordance with Section 2.2 of the Contract, CONTRACTOR will complete or correct
the work on the list of items attached hereto within from the
above Date of Substantial Completion.
CONSULTANT
BY
DATE
CITY, through the Contract Administrator, accepts the Work or portion thereof
designated by CITY as substantially complete and will assume full possession thereof at
(time) on (date).
City of Miami Beach, Florida
By Contract Administrator Date
The responsibilities of CITY and CONTRACTOR for security, maintenance, heat,
utilities, damage to the work and insurance shall be as follows:
BID NO: 26-06/07
DATE: 01/24/07
CITY OF MIAMI BEACH
145
00926. FINAL CERTIFICATE OF PAYMENT:
PROJECT:
(name, address)
CONSULTANT:
BID/CONTRACT NUMBER:
TO (CITY):
CONTRACTOR:
CONTRACT FOR:
NOTICE TO PROCEED DATE:
DATE OF ISSUANCE:
All conditions or requirements of any permits or regulatory agencies have been
satisfied. The documents required by Section 5.2 of the Contract, and the final bill of
materials, if required, have been received and accepted. The Work required by the
Contract Documents has been reviewed and the undersigned certifies that the Work,
including minor corrective work, has been completed in accordance with the provision of
the Contract Documents and is accepted under the terms and conditions thereof.
CONSULTANT
BY
DATE
CITY, through the Contract Administrator, accepts the work as fully complete and will
assume full possession thereof at
(time)
(date).
City of Miami Beach, Florida
By Contract Administrator Date
.
BID NO: 26-06/07
DATE: 01/24/07
CITY OF MIAMI BEACH
146
) 00930. FORM OF FINAL RECEIPT:
[The following form will be used to show receipt of final payment for this Contract.]
FINAL RECEIPT FOR CONTRACT NO.
Received this day of , 20 , from City
of Miami Beach, Florida, the sum of Dollars
($ ) as full and final payment to CONTRACTOR for all work and materials
for the Project described as:
This sum includes full and final payment for all extra work and material and all
incidentals.
CONTRACTOR hereby indemnifies and releases CITY from all liens and claims
whatsoever arising out of the Contract and Project.
CONTRACTOR hereby certifies that all persons doing work upon or furnishing
materials or supplies for the Project have been paid in full. In lieu of this certification
regarding payment for work, materials and supplies, CONTRACTOR may submit a
consent of surety to final payment in a form satisfactory to CITY.
CONTRACTOR further certifies that all taxes imposed by Chapter 212, Florida
Statutes (Sales and Use Tax Act), as amended, have been paid and discharged.
[If incorporated sign below.]
CONTRACTOR
ATTEST:
(Name of Corporation)
By:
(Signature)
(Secretary)
(Print Name and Title)
(Corporate Seal)
_ day of
,20_.
F:\A TTO\AGUR\AGREEMNT\frontend\stdfrm, frtend, fnl.doc
)
BID NO: 26-06/07
DATE: 01/24/07
CITY OF MIAMI BEACH
147
[If not incorporated sign below.]
WITNESSES:
F:\A TTO\AGUR\AGREEMNT\frontend\stdfrm, frtend,fnl.doc
BID NO: 26-06/07
DATE: 01/24/07
CONTRACTOR
(Name of Firm)
By:
(Signature)
(Print Name and Title)
_ day of
,20_.
CITY OF MIAMI BEACH
148
[X] 00950. DRAWINGS INDEX:
Specifications/Drawings for the Construction Improvements for the City of
Miami Beach South Pointe Park (South Beach) has been prepared by:
DESIGN TEAM
HARGREAVES ASSOCIATES
LANDSCAPE ARCHITECT, PRIME CONSULTANT
SAVINO AND MILLER DESIGN STUDIO
LOCAL LANDSCAPE ARCHITECT
COASTAL SYSTEMS INTERNATIONAL
PERMITTING AND CIVIL ENGINEER
WILLIAM LANE ARCHITECTS
ARCHITECTURE
GOPMAN CONSULTING GROUP
STRUCTURAL ENGINEER
LAM PARTNERS
LIGHTING DESIGN
JOHNSON, A VEDANO, LOPEZ, RODRIGUEZ AND WALEWSKI
MECHANICAL, ENGINEERING, PLUMBING
ARDAMAN & ASSOCIATES
GEOTECHNICAL ENGINEER
DAN EUSER WATERARCHITECTURE,INC.
FOUNTAIN CONSULTANT
PLA YSITE ARCHITECTURE
PLAYGROUND CONSULTANT
KEN DIDONATO
IRRIGATION CONSULTANT
BID NO: 26-06/07
DATE: 01/19/07
CITY OF MIAMI BEACH
149
Plans and specifications for this project are available and can be
purchased at T -Square Miami at 305-324-1234. Please complete the form on
page 11 and fax to T -Square to secure your copy of the plans and
specifications for this bid.
DRAWINGS INDEX:
General:
G-001 Cover Sheet
G-002 Drawing Index
Survey - 1 of 10
Survey - 2 of 10
Survey - 3 of 10
Survey - 4 of 10
Survey - 5 of 10
Survey - 6 of 10
Survey -7 of 10
Survey - 8 of 10
Survey - 9 of 10
Survey - 10 of 10
G-101 Fire Truck Access Plan 1 of 4
G-102 Fire Truck Access Plan 2 of 4
G-103 Fire Truck Access Plan 3 of 4
G-104 Fire Truck Access Plan 4 of 4
NTS
NTS
1" = 30' -0"
1" = 30' -0"
1" = 30' -0"
1" = 30' -0"
1" = 30' -0"
1" = 30' -0"
1" = 30' -0"
1" = 30' -0"
1" = 30' -0"
1" = 30' -0"
1" = 20' -0"
1" = 20' -0"
1" = 20' -0"
1" = 20' -0"
LANDSCAPE ARCHITECTURE
D-001 Surfaces Demolition Plan - 1 of 3
D-002 Surfaces Demolition Plan - 2 of 3
D-003 Surfaces. Demolition Plan - 3 of 3
1" = 30' -0"
1" = 30' -0"
1" = 30' -0"
Site Plans:
L-OOO Notes, Legend, & Materials Key
L-101 Transport Plan - 1 of 3
L-102 Transport Plan - 2 of 3
L-103 Transport Plan - 3 of 3
L-104 Transport Schedule
L-105 Transport Schedule
L-106 Transport Schedule
L-107 Grading Plan -1 of 3
L-108 Grading Plan - 2 of 3
L-109 Grading Plan - 3 of 3
L-110 Layout Plan - 1 of 3
L-111 Layout Plan - 2 of 3
L-112 Layout Plan - 3 of 3
L-113 Materials Plan - 1 of 3
L-114 Materials Plan - 2 of 3
L-115 Materials Plan - 3 of 3
L-116 Lighting & Furnishings Layout Plan - 1 of 3
L-117 Lighting & Furnishings Layout Plan - 2 of 3
NTS
1" = 30' -0"
1" = 30' -0"
1" = 30' -0"
NTS
NTS
NTS
1" = 30' -0"
1" = 30' -0"
1" = 30' -0"
1" = 30' -0"
1" = 30' -0"
1" = 30' -0"
1" = 30' -0"
1" = 30' -0"
1" = 30' -0"
1" = 30' -0"
1" = 30' -0"
BID NO: 26-06/07
DATE: 01/19/07
CITY OF MIAMI BEACH
150
L-118 Lighting & Furnishings Layout Plan - 3 of 3
L-120 Planting Plan - 1 of 3
L-121 Planting Plan - 2 of 3
L-122 Planting Plan - 3 of 3
1" = 30' -0"
1" = 30' -0"
1" = 30' -0"
1" = 30' -0"
Enlargements:
L-401 Washington Ave
L-402 Smith & Wollensky/Cut Walk
L-403 Ocean Drive
L -404 Play Area
1" =10' -0"
1" =10' -0"
1" =10' -0"
1" =10' -0"
Details:
L-501 Landform Details
L-502 Bridge Details
L-503 Bleacher Details
L-504 Paving Details
L-505 Cut Walk Details
L-506 Bay Walk and Parking
L-507 Fountain Details
L-508 Access Ramp Details
L-509 Beacon Details
L-510 Decking Details
L-511 Mesh Rail Details
L-512 Cable Rail Details
L-513 Furnishing Details
L-514 Not Used
L-515 Play Area Details
L-516 Play Area Details
L-517 Water Play Area Details
L-518 Planting Details
L-519 Planting Details
As Shown
As Shown
As Shown
As Shown
As Shown
As Shown
As Shown
As Shown
As Shown
As Shown
As Shown
As Shown
As Shown
As Shown
As Shown
As Shown
As Shown
As Shown
LANDSCAPE IRRIGATION
Site Plans:
L1-101 Irrigation Plan - 1 of 3
L1-102 Irrigation Plan - 2 of 3
L1-103 Irrigation Plan - 3 of 3
L1-104 Irrigation Notes
L1-105 Irrigation Details
L1-106 Pump Detail
1" = 30' -0"
1" = 30' -0"
1" = 30' -0"
NTS
NTS
NTS
CIVIL ENGINEERING
Civil:
C-101 Drainage/Utilities - 1 of 3
C-102 Drainage Utilities - 2 of 3
C-103 Drainage Utilities - 3 of 3
C-104 Water and Sewage Service Connection Plan - 1 of 2
C-105 Water and Sewage Service Connection Plan - 2 of 2
C-301 PGD Details
C-302 Water Main Extension Profile
1" = 30' -0"
1" = 30' -0"
1" = 30' -0"
1" = 30' -0"
1" = 30' -0"
As Shown
As Shown
\
/
BID NO: 26-06/07
DATE: 01/19/07
CITY OF MIAMI BEACH
151
')
Details:
C-501 PGD Details
C-502 PGD Details
C-503 Water & Sewer Details
C-504 Water & Sewer Details
As Shown
As Shown
As Shown
As Shown
STRUCTURAL ENGINEERING
Site Plans:
S-101 Structural Plans - 1 of 3
S-102 Structural Plans - 2 of 3
S-103 Structural Plans - 3 of 3
1" = 30' -0"
1" = 30' -0"
1" = 30' -0"
Details:
S-501 Details
S-502 Details
S-503 Details
S-504 Details
S-505 Details
S-506 Details
As Shown
As Shown
As Shown
As Shown
As Shown
As Shown
Schedules:
S-601 Schedule
S-602 Schedule
S-603 Schedule
NTS
NTS
NTS
ARCHITECTURE
A-OOO Abbreviations, Symbols and General Notes
NTS
Site Plans:
A-101 Pavilion Floor Plan
A-102 Pavilion Roof Plan
A-103 Pavilion Roof Drainage Plan
A-104 Vehicular Storage Floor and Roof Plan
A-105 Shade Structure Plan, Elevations, and Details
As Shown
As Shown
As Shown
As Shown
Elevations:
A-201 Pavilion Elevations
A-202 Vehicular Storage Elevations
A-203 Pavilion Interior Elevation
A-204 Pavilion Interior Elevation
A-205 Pavilion Interior Elevation
A-206 Pavilion Interior Elevation
A-207 Pavilion Interior Elevation
A-208 Pavilion Interior Elevation
y,.." = l' -0"
y,.." = l' -0"
y,.." = l' -0"
y,.." = l' -0"
y,.." = l' -0"
y,.." = l' -0"
y,.." = l' -0"
y,.." = l' -0"
)
Sections:
A-301 Pavilion and Vehicular Storage Sections
A-302 Pavilion Sections
A-303 Pavilion and Vehicular Storage Details, Wall Types
y,.." = l' -0"
BID NO: 26-06/07
DATE: 01/19/07
CITY OF MIAMI BEACH
152
A-304 Railing Details
A-305 Details
A-306 Details
Details:
A-501 Pavilion RCP, Light Fixture Schedule
A-502 Vehicular Storage RCP, Light Fixture Schedule
Schedules:
A-601 Door and Window Schedules
A-602 Room Finish & Plumbing Fixture Schedule
MECHANICAL, ELECTRICAL, AND PLUMBING
Electrical:
E-OOO Electrical Legend and Schedule
E-101 Lighting Plan - 1 of 3
E-102 Lighting Plan - 2 of 3
E-103 Lighting Plan - 3 of 3
E-401 Power Floor Plan - Pavilion Building
E-402 Lighting Floor Plan - Pavilion Building
E-403 Electrical Roof Plan - Pavilion Building
E-404 Electrical Floor Plans - Vehicle Storage Building
E-405 Electrical Roof Plan - Vehicle Storage Building
E-501 Electrical Risers and Panels
E-502 Electrical Enlarged Plan and Details
Mechanical:
M-OOO HVAC General Notes, Legend, and Schedules
M-401 HVAC Floor Plan - Pavilion Building
M-402 HV AC Floor Plan - Vehicle Storage Building
M-403 Pump Room Details
M-501 HVAC Details
Plumbing:
P-OOO Plumbing General Notes, Legend, and Schedules
P-401 Plumbing Floor Plan - Pavilion Building
P-402 Plumbing Floor Plan - Vehicle Storage Building
P-403 Plumbing Roof Plan - Pavilion Building
P-404 Plumbing Roof Plan - Vehicle Storage Building
P-405 Pump Room Drainage Plan and Details
P-501 Plumbing Risers
P-502 Plumbing Risers
P-601 Plumbing Details
Fire:
F-001 Fire Protection General Notes, Legend, Schedule, and Details
F-401 Fire Protection Floor Plan - Pavilion Building
F-402 Fire Protection Floor Plan - Vehicle Storage Building
BID NO: 26-06/07
DATE: 01119/07
CITY OF MIAMI BEACH
153
%" = l' -0"
%" = l' -0"
%" = l' -0"
%" = l' -0"
%" = l' -0"
%" = l' -0"
NTS
NTS
1" = 30' -0"
1" = 30' -0"
1" = 30' -0"
%" = l' -0"
%" = l' -0"
%" = l' -0"
%" = l' -0"
%" = l' -0"
NTS
NTS
NTS
As Shown
As Show
NTS
NTS
NTS
%" = l' -0"
%" = l' -0"
%" = l' -0"
%" = l' -0"
As Shown
NTS
NTS
NTS
%" = l' -0"
%" = l' -0"
')
WATER FEATURE - Dan Euser Waterarchitecture Inc.
WF-101 Water Feature Plans
WF-102 Water Feature Details
WF-103 Water Feature Sections
WF-104 M and E Schematics
As Shown
As Shown
As Shown
As Shown
)
BID NO: 26-06/07
DATE: 01/19/07
CITY OF MIAMI BEACH
154
01000. ADDENDA AND MODIFICATIONS:
All addenda and other modifications made prior to the time and date of bid
opening shall be issued as separate documents identified as Addendums to the
Contract Documents. (Please see page 160)
BID NO: 26-06/07
DATE: 01/19/07
CITY OF MIAMI BEACH
155
02000. TECHNICAL SPECIFICATIONS:
BID NO. 26-04/05
CITY OF MIAMI BEACH FABRICATION AND INSTAllATION OF SIGNAGE
PACKAGE IN ACCORDANCE WITH THE CITYWIDE WA YFINDING AND IDENDITY
SYSTEM WITH AN OPTIONAL SIGN MAINTENANCE SERVICE AGREEMENT
* NOTE: Plans and specifications for this project are available on-line at the following
address htto://www.miamibeachfl.gov/newcity/cip/cip.asp if preferred, the
documents are also available in digital format, please contact the Procurement
Division at 305.673.7490 to secure a copy of a Compact Disk which has the
aforementioned documents.
SPECIFICATIONS
Table of Contents
DIVISION 1 - GENERAL REQUIREMENTS
Not Included - to be provide as an addendum to the bid.
DIVISION 2 - SITE WORK
02220
02230
02231
02300
02315
02316
02317
02370
02485
02510
02530
02635
02666
02721
02722
02723
02730
02741
02751
02764
02780
02791
02810
BID NO: 26-06/07
DATE: 01119/07
Demolition
Site Clearing
Tree Protection
Earthwork
Excavation and fill (east of CCCL- Dune)
Excavation, Trenching and Backfill for Utility Systems
Grading
Erosion and Sediment Control
Root Barrier
Water Distribution System
Sanitary Sewerage
Storm Sewerage
Water Play Systems
Subbase Courses
Structural Soils
Fiber Reinforced Turf
Crushed Coquina Paving
Hot Mix Asphalt for Roads
Cast In Place Concrete Pavement
Pavement Joints Sealants
Unit Pavers
Play Surfaces
Irrigation
CITY OF MIAMI BEACH
156
02850
02870
02881
02900
02935
Tree Relocation
Site and Street Furnishings
Play Art and Play Amenities
Landscape Work
Maintenance
DIVISION 3 - CONCRETE
03050
03300
03520
Bonding Agents
Cast-in-Place Concrete
Lightweight Insulating Concrete Roof Insulation
DIVISION 4 -MASONRY
04410
04810
04860
Dimension Stone
Unit Masonry Assemblies
Stone Veneer Assemblies
DIVISION 5 - METALS
05523 Stainless Steel Wire Rope Railings
05530 Grating for Fountain and Trench
DIVISION 6 - WOOD
06100
06150
06402
Rough Carpentry
Wood Decking
Interior Architectural Woodwork
DIVISION 7 - THERMAL AND MOISTURE PROTECTION
07130
07141
07160
07190
07410
07560
07620
07840
07915
Modified Bitumen Plaza Deck Waterproofing
Cold Fluid Applied Waterproofing
Fountain Waterproofing
Water Repelant
Metal Roof and Wall Panels
Hot Rubberized Asphalt Roofing
Sheet Metal Flashing and Trim
Fire Stopping
Weatherproofing Silicone Sealants
DIVISION 8 - DOORS AND WINDOWS
08110
08310
08330
08331
BID NO: 26-06/07
DATE: 01/19/07
Steel Doors and Frames
Access Doors and Panels
Rolling Service Doors
Coiling Doors and Grilles
CITY OF MIAMI BEACH
157
']
08411
08520
08710
08800
Aluminum Framed Storefronts
Aluminum Windows
Door Hardware
Glazing
DIVISION 9 - FINISHES
09220
09260
09310
09400
Portland Cement Plaster
Gypsum Board Assembly
Ceramic Tile
Terrazzo Flooring
DIVISION 10- SPECIALTIES
10155
10615
10801
Toilet Compartments
Aluminum Edging (Planting)
Toilet and Bath Accessories
DIVISION 11 - EQUIPMENT
11451 Appliances
DIVISION 12 - FURNISHINGS
12481 Floor Mats and Frames
12490 Interior Roller Shades
DIVISION 13 - SPECIAL CONSTRUCTION
13100
13130
13154
13155
Lightning Protection
Fac;ade Textile for Framed Fabric Structure
Water Feature Mechanical
Water Feature Electrical
DIVISION 15 - MECHANICAL
)
15010
15023
15044
15047
15050
15051
15100
15200
15250
15300
15310
15400
BID NO: 26-06/07
DATE: 01/19/07
General Provisions
Codes and Standards
General Completion
Identification
Basic Materials and Methods
Motors and Starters
Valves
Sounds and Vibration Isolation
Mechanical Systems Insulation
Fire Protection System
Fire Protection Pipe and Fittings
Plumbing Fixtures
CITY OF MIAMI BEACH
158
15410
15420
15430
15440
15450
15671
15725
15820
15830
15840
15907
15995
Pipe and Pipe Fittings (Plumbing)
Piping Specialties (Plumbing)
Water Supply System
Drainage Systems
Electric Water Heaters
Condensing Units
Modular Indoor Air Handling Units
Fans
Filters
Air Distribution Duct System
Testing and Balancing
Startup & Certification of Air, Water and Control Systems
DIVISION 16 - ELECTRICAL
16050 Basic Electrical Materials and Methods
16060 Grounding and Bonding
16080 Electrical Testing
16120 Conductors and Cables
16130 Raceways and Boxes
16140 Wiring Devices
16145 Lighting Control Devices
16410 Enclosed Switches and Circuit Breakers
16442 Panelboards
16491 Fuses
16511 Interior Lighting
16750 Voice and Data Communication Cabling
16785 Master Antenna Television System
ADDITIONAL INFORMATION
Geotechnical Report
Lighting Cut sheets
BID NO: 26-06/07
DATE: 01119/07
CITY OF MIAMI BEACH
159
04000. ACKNOWLEDGEMENT OF ADDENDA
Invitation for Bid No. 26-06/07
CONSTRUCTION IMPROVEMENTS FOR CITY OF MIAMI BEACH
SOUTH POINTE PARK (SOUTH BEACH)
Directions: Complete Part I or Part II, whichever applies.
Part I: Listed below are the dates of issue for each Addendum received in connection
with this Bid:
Addendum No.1, Dated January 25, 2007
Addendum No.2, Dated February 7,2007
Addendum No.3, Dated February 14, 2007
Addendum No.4, Dated
February 16, 2007
Addendum No.5, Dated
February 16, 2007
Part II:
No addendum was received in connection with this Bid.
Verified with Procurement staff
Name of Staff
Date
Magnum Construction Management Corp. d/b/a MCM Corp.
Bidders- Na
2-20-07
Date
Signature
BID NO: 26-06/07
DATE: 01119/07
CITY OF MIAMI BEACH
160
06000.
SUB-CONTRACTOR LISTING INFORMATION
BID NO. 26-06/07
CONSTRUCTION IMPROVEMENTS FOR THE CITY OF MIAMI BEACH
SOUTH POINTE PARK (SOUTH BEACH)
SUB-CONTRACTORS PROVIDING SERVICES TO THIS PROJECT
Name of Subcontractor Work to be comoleted % of Work to be
performed
(Telephone and fax no.)
Name:
Tel:
Fax:
Name:
Tel:
Fax:
Name:
Tel:
Fax:
Name:
Tel:
Fax:
Name:
Tel:
Fax:
Name:
Tel:
Fax:
(Attach additional forms if necessary
BID NO: 26-06/07
DATE: 01/19/07
CITY OF MIAMI BEACH
161
APPENDIX
MCM's Bid Submission Risk Assessment
MCM's Bid Submission Preliminary Project Schedule
MCM's Quality Control Plan
COpy
ATTACHMENT 4
Risk Assessment Plan Format
Please prioritize the risk (list the greatest risks first). Indicate the potential impact to project cost (in
terms of $), and/or schedule (in terms of calendar days). You may add/delete the risk tables below as
necessary.
Maior Risk Items:
in demolition of existing structures
Risk 2: Dela s with the issuance of ermits
Impact ($): 4,200/per calendar day Schedule (days): Depending on impacts to critical
path, if any.
Solution: Expedite permit rocess to mitigate costs to City.
Risk 3: Damage or relocation of unforeseen utilities or underground structures not
shown on survey
Impact ($):+/- 150,000 I Schedule (days): Depending on impacts to critical
path, if any.
Solution: Contractor to contact Sunshine State One Call of Florida prior to any digging. We will
perform soft-digs at required locations and implement repairs, removals or relocations in an
expedited fashion.
Risk 4: Impact of turtle nesting season on sequence of work According to Bill Ahern, MDC
Parks Sea Turtle Program, nests are usually no more than 50 feet from the shoreline. Although the official season is
May to October, some nesting begins as early as Feb/Mar, which is when he (Bill) begins daily patrols looking for
nests. If the nests are found within 24 hours of being laid, then the nests of Loggerhead Turtles can be relocated to
hatcheries. Leatherback Turtle and Green Turtle nests cannot be relocated at any time due to their fragile nature.
Incubation period is approximately 2 months. In other words, if a nest is laid in July, it cannot be disturbed until after it
hatches in September. If nesting occurs within or near the project, Contractor would not be allowed to move the nest
(unless within 24 hrs of Loggerhead nesting). Furthermore, the hatchlings follow the light of the moon to the water.
Therefore, it is generally requested that all al1ificiallighting (street lights, car lights, etc.) be kept at a minimum during
hatchings.
Impact ($): 4,200/per calendar day I Schedule (days): Depending on impacts to critical
path, if any.
Solution: Impacts could be minimized by: scheduling activities around nesting season; aiming construction/satety
lights away from the beach and/or installing a covering on the beach side of all lights; minimizing obstacles between
nests & ocean; keeping garbage picked up; ensuring that earthwork/embankment activities do not disturb (cover or
uncover) any nests; notit)ting FWC and/or MDC if a nest is found; and, possibly by installing perimeter silt fence to
fence the turtles out of the project limits ( we however must be careful with this approach, since it might stir up
controversy).
Contractor expects to re-sequence the work around the tUl1le nesting season; and be extremely careful not to stir the
areas 50' from water.
Depending on impacts to critical
BID NO: 26-06/07
DATE: 1/24/07
CITY OF MIAMI BEACH
Risk 6: Opening or use of phase 2 by the City without Contractor's work having
been com leted or acce ted.
Impact ($): 225,000 Schedule (days): Depending on impacts to critical
path, if an
Solution: Contractor will coordinate with the City to ensure completeness of work. Any
completed, permanent area to be used by the owner should have final acceptance prior to use by
owner.
Risk 7: Weather dela s
1m act $ : 0 Schedule da s : extension of time as a licable
Solution: Contractor owns enough emergency equipment to resolve requisite impacts and will not
seek damages for delays resulting from adverse weather conditions other than as permitted by
contract.
Risk 8: Excessive dama
Value Added Options or Differentials (what yOU will do that the others do not)
Vendors should identify any value added options or differentials that they are proposing, and
include a short description of how it adds value to the project. Identify if the items increase or
decrease project schedule, cost, or expectation. You may add or delete the value tables below as
necessary.
Item 1: Accelerated Schedule. Modification of phasing plan which includes alternate
location of temporary parking (maintaining access to facilities) and also if permitted to root
prune at first NTP.
Impact: Cost ($) Included in bid Schedule: Reduction of 21 days
(Days)
Item 2: Added top layer of waterproofing to Pavilion and Garage roofs
Impact: Cost ($) Included in bid Schedule: 0 days
(Days)
Item 3: Increased thickness of insulation in Lightweight Concrete, therefore higher R
value.
Impact: Cost ($) Included in bid Schedule: 0 days
(Days)
Item 4: Smith & Wollensky parking area completed in phase 2 instead of phase 3
Impact: Cost ($) Included in bid Schedule: 0 days
(Days)
BID NO: 26-06/07
DATE: 1/24/07
CITY OF MIAMI BEACH
,.
,
,
Item 5: Holding area for transplanted trees; multiple moves needed.
Impact: Cost ($) Included in bid Schedule: 0 days
(Days)
Item 6: Long maintenance period for trees, due to required phasing in project.
Impact: Cost ($) Included in bid Schedule: 0 days
(Days)
Item 7: Availability of special site materials: coquina stone, beach quality sand
Impact: Cost ($) Included in bid. Schedule: 0 days
(Days)
Attach a Preliminary Proiect Schedule
See attached. Schedule submitted dated 12/22/06 is a duration schedule and is to be adjusted by
actual the NTP date.
Schedule (maximum six milestones as per previously submitted schedule dated
12/22/06 to be adiusted by actual NTP.)
Milestones (start, finish, no work days)
1. Completion of Phase 1 July 2007
2. Completion Phase 2 April 2008
3. Completion Phase 3 April 2008
4. Completion Phase 4 (SC) July 2008
5. Final Completion August 2008
Total number of work days 526 calendar days
Provide a Summarized Construction Phasim! Plan
Phases I - IV, including Alternates 1 and 2.
BID NO: 26-06/07
DATE: 1/24/07
CITY OF MIAMI BEACH
..,
f-
co:::E
Cl
Cl
....<(
-
o
f-
Z
f-
o
f-
III
f-
<(
......,
Cl
Cl
....
..,
::e
f-
LL
f-
I...,
_L
>>.<:
't: .!!!
ftI c
Wii:
>>1::
iJ!!
Will
01...
'1: ::lJ
00
c
a-:8
'S; .9-
tl U
<( III
~
a-
~g
<(
fL'"
<(
f-
I...,
f-
:::E -
LL
..,
:::E
W
~-
o
Z
o
~
I::
a;
---~--
o
W
..,
o
~
0-
<(
~+
Cl
Z
;S
..J
'cf ~
Z 0
i= ....
:ii I-
l:1 ~ ~
III ~ ~ 0-
w:> ..J III
0' .Z- 001- Z
lE 0 ~ ~ ~
O-tZO-I-
~ ::l ::l W W
~ I ~ IW_I~
i-!~tl ~
I'--- I'--- I'--- ""-
a 0 0 0
ell ~ 0::: 0:::
W <( 0- 0-
~ ~ ~ ~
't""" 't""" C'\l C\I
" " "" ,.... I'--- t;
o 0 0 0 0 0:::
~ ~ ~ ffl ffl <(
~ ..., ..., LL LL ::2:
N ~ g} :g :g ~
o 0 N g ~ g
-
U'i
0:::
<(
Cl
Z
:><: B
w @ 0::: <5
~ ~ ~ ~ I
Z ~ z 1= ~
o ~ ~ ~!Z
~ f- U (9 0::: ::s
I---W::JZWO-
0::: 0- III
~ U I-- Z -' Z
f- en ::> -'w <(
b ~ ~ g: 3: ~
!!j f- U I-- 0- W
o (/) uJ 0 W W
0::: 0:: 0::: 0 W 0:::
0- u:: 0- 0::: 0 I--
o 0
o C'l
o (\/
~ ~
o 0 0 a
8 ~ U; ~
'\"""" '\"""" '\"""" ,....
_n ____~-.- _,
I
,
(/) Cl
-..J z--
<J. a:: U'i
~ I 3: ~ ~
-ClClIll >-
o Z Z 0 III <1
..J - Z Z ~.J
-~-:;)-<i:-':'3 ~-~ 0
..J ~. ~..~- ... l.~ ~.
~ ~ ~ ~ ffi~3:~ ~
~ ~ <( 9 ~ ~
ia~ 0- ~ 0 0-
Z
~ ~ Cl ~ ~ 0 ~.... ~ ~ ~
~ ~ i ~.1-!- r~.. ..! ~ 8
~i5 ~~ uJt; :'3 8
~~- ~'Iri+.. ....'-~.'. - ~
~W~o~ m ~
Ill~ .... ~~~"': ~-~"~ -(' Ii"" ~------
w~~ uJ_::l_ ..J- w- 0 f-- - 0-
~ , 0 ~~~-~-r...... .--- ~ ,'~~ m~-----,
g--~ ~......~-~._.~.
... ~ll~ It
fW
-.
r--.. ...... r-... f'-.. ...... t- t---
o 0 0 0 0 0 0
0::: 0::: 0::: Z Z -' -'
<( <( 0- ::> ::> ::J ::J
~~~-'o~""oT"""dd
't""" M N ('t) M
" " 00 I'--- 00 00 00 00 00 00 00
o 0 0 a 0 0 0 0 000
f- 0- Z > zo:::o::: ell ell 0::: 0:::
o W <( 0 <( 0- <( W wo-o-
~ ~ a ~ ~ ~ ~ ~ ~ ~ ~
,.... 0 M ~~ N T""" 0 N N N N
"" ,..... " r-... ...... I'- .......
o 0 0 000 0
ell ell ell 0::: 0::: 0::: Z
~~~~~o~~
~ ~ T""" ~ N (Y) 0
" f'.. I'--- I'--- "" ,..... 00 00 00 00
o 0 0 0 0 0 0 0 0 0
~ 5 ~ ~ 6 6 ~ ~ ~ ~
::2: ..., <( ~ z z ..., ~ ..., ::2:
~ M ~ M ~ ~ ~ N M 8
o ~ ~ ~ ~ ~ ~ 0
o II)
~ N
~ g ~ ~ ~ ~ ~ ~ 0
-'
..J
u:
~
U
<(
ell
o/l
W
-'
0::
B U'i
o 0:::
t> <(
00:><:
W Z 0:::
W <( <(
g en 0-
0::: I ~
~ ~ ~
~ 0 ell ffi
UI~~~~
5 ~ 0 0::: ::> ~
z ell ~ ~ ~ u:l
~ ~ 6 ~ ~ ~
m ~ g a ~ ~
(9 W
~ ~ gj
..J -' !;;:
al ~ ~
o ~ W (9 0
::2: 9 ~ ~ ~
:><: l!:j 5 <( ~ ~ w (/)
0::: well,,? W 0:: Z 0:::
~ > Z W 0::: <( ~ W
> I-- 0 (9 uJ U Z I
~ ~ :3 ~ 8 ~ ~ ~
~ ill ~ ~ gj ~ ~ aJ
o
:><: ~
0::: W
U'i 0 en
~ ~ ~
>- LL Z
::s W 0
0- tu ~
0::: 0::: -'
W U 0-
!;;: Z ::2:
3: 8 8
w
Z
(9 0
Z W
sz en
0::: <(
35 iE
& ~
~ ~
~ ~
::2: ::2:
W 0
I-- U
N 0 0 000 0 N
t5 ~ 0 ~ ~ ~ ;g ~
T'"" ~ T'"" T'"" ~ '\"'"' ~ '\"'"'
000
o N <Xl
~ ~ 0
~ ~ ~
000
o (J)
~ N N
~ ~
o 0 a a 0
~ ~ g ~ ~
..-- '\"'"' T'"" ..-- T'""
~... !Z
l:1 ~ ~
o Z ::l ~
3: l:;<(~~
i=--,--~- 0_111_, o~
~I ~Cll:!~
-~:ll'l~0:'3
..J I 0 ~ I-- U.
.... ~ I ~ ~I ~..
.ClLLI--O-z
OZI-LL::lO
1i!i i2z 0-
o~~-'
W 0- ::l ~
> :;: 0( 0
~ Iii ~ :E
Jr -".
----------- ..
--...
...... ...... if:...... ,......
aot;o~a
bbbb~~
0000...,0
og]~~~~
..... ....
o 0
0- 0-
W W
en en
;g ;g
..... .....
o 0
b b
o 0
<0 0
~ M
~ ~ 0 0
o 0
<0 "'"
1€ Ii:
~ ~
I t; Z
Ii: f::J (S
~ ffi ~ I--
<( ellSZZ
t: 0 0::: ~ :><:
.... b 35 ::> 0:::
35 Oo-~O
o -'::2:en~
::2: d: ~ M:! ...J
l!:j~!zLLOLL
WSZ<(Ol--w
>o:::o:::-,wtu
i= <( ::> >0<( S! 0:::
&l 0- I--en<( "" 9;; ~
Ld~wiTI((o
en Zo:::o::: ::> U
000
r-- (J) (J)
;? ~ ~
o a a
M M "'"
~ C'l M
'-
N
o
~
"
"
.c
UJ
.......00.......0>
0000
~g~~
~~~~
W
LL
o
N
"
lY1UjYQ)
ro a co......
o.cO~
~:~ ~ 3
CJ)lLOC('
0-
0:::
o
<.:>
::2:
U
::2:
>-
0:::
<(
~
::2:
::::i
w
0:::
0-
W
I--
Z
o
0-
I
I--
::J
o
en
w
Z
::::i
w
en
<l:
ell
~
<l:
Z
~
::::i
w
0:::
0-
o
.E
iii
E
i
en
~
Q)
>
(\]
E
't:
0-
@
c(
~
0::
i ~- l 0::
i:i 0: 5
~ :C-ZC- ~lc "f-- ;lI)~~ lJj
o::-~-~-z--- - -ffi-oo-~
c( c( ~ ~ > Z ~
~ c c <( W -z
oZ:::! ~~o
~ ::I ::I ~~ ~ W -
~~i --r'l!? ~ ~ ~ ~
a: 0 ~ In F" ~I.L ~
gl'~- ~~~2 ~---~- u
~ I; ~ t 8~ -~ ~
_ _ __m ~"~t~ f2~
lI) ~ u <(
z ~ z
<(0: 0::
!z ~ l!!
::I_~~<i!
o z
u. ::I
0:: 0
l!! u.
~
ao
Q
Q
N
~
z
ii:
c(
U
In
C
Z
~
~
W
W
1lC
:I:
I-
W
lI)
c(
:I:
~
Z
,0
~
.../
~
~
o
u
u.
>..s::
't: .!!
III c:
Wii:
..... co
8 ~
W lL
o ;:;
~ N
~ ~ ~ ~ ~ ~ ~ ~ ~
~ ~ ~ ~ ill ~ ~ 5 5
o 0 . c( u. ~ ~ . .
M ~ m M 0 ~ NNW
o ~ - 0 N NON
>'1::
't:S
.rill)
..... .....
o 0
I- I-
o 0
o 0
o 0
M M
~ ~ ~ ~ ro 00 00 00 00
o 0 0 0 0 0 000
~ 6 ~ ~ ~ ill ~ ~ ~
o zoo . u. ~ ~ ~
g ~ s ~ ~ N ~ ~ ~
.~ 3 0 ~
o C '<t ~
lOQOOLOO
N (Y) co N c.o
t5 ~ ~ a
c:
~:8
":; .51-
'B i:l
c( Sl
c
(/)
W
~
lL
(/)
CJ
Z
52 W
0:: W
c( 0::
lL :r:
o I-
W W
o (/)
o c(
c( :r:
I~ <9 (L
W [ 6
!;j: (5 ti;
Z (/) ...J
ffi 0 lL
I- Z ~
<i! :3 8
Z
o
ii5
z
W
(/) ~
[:B t> W
g5 ~ lI) ~
~ ~ 0:: 5: 0::
Z ~ lL ~ u. 6
00::5 ~ ~ 0 u.
!;j:o- t> @ ~ ~ ~ ~
z -<: CJ....
z ~ ~ ~ ~ ~ I
~ ~ ~ ~ ~ ~ ~ ~ ~
~ 5 ~ ~ Z ~ Z !;j: ti;
~ ~ ~ ffi ~ 5 ~ ffi ~
0:: 3 ~ ~ 6 6 0 ~ 0
c( lL ~ > u. 0 u. c( 0
~ 0
,50<0
0- '<t
c( ~
o 0
co co
~ M
..-- ~
0000000
C) CD ('f') t-- 0> l.{) 0
'""'" ~ ..q- or- M -c;:t """
~ ~
z
o
u
0::
_nO
~
u.
I- 0
~ Q
::I-I-
c( W
I- ~
lI)-~
W 0
0:: <-l
o ~
I- .../
I- c(
- ---l:i ~- ~
ill
____~------(u-
u-
W
Z
o
W
lI)
~-~
~
z--
Q
I-
i~t
::I
~o::
::I
-fr
W
~
:I:
~
Z
o
i=
i:!-
::I
C
~W
W
0::
:I:
I-
W
lI)
-<(
:I:
~
Z
o
~
::I
C
N
'5
N
Q)
'"
.c
CI)
o
--~
W
lI)
c(
:I:
~
Z
o
i=
---~
::I
C
>-
0::
c(
Z
~
::::;
W
0::
lL
W
I-
Z
<5
lL
:r:
I-
~
o
(/)
W
Z
::::;
W
(/)
c(
CO
>-
0::
c(
~
~
::::;
W
0::
a.
a.
0::
o
o
~
()
~
.......oo......m
0000
ZCJZC\i
<{:::)<(r-
~~re~
w
LL
o
N
U
.5
vi
E
.$
CI)
>.
(/)
l!!
Q)
>
ro
E
;t
@
o 0
~ ;
~ ~
'"
$:ro$Q.l
<<10 ro to
D..cOO
j :~ ~ 3
(J)LLOa::
PROJEG PHASING In order to expedite construction, MCM proposes to improve
The Instruction to Bidders has separated the project into upon the provided Phasing Plan as follows:
four phases. These are as follows:
Phase I - Provide Temporary Facilities including a
fenced parking lot for Smith & Wollensky customers
with appropriate lighting levels and signage. Relocate
existing vending machines with electrical feeds and
concrete pads.
Phase II - Perform work East of the CCCL including
the storage and pavilion buildings, Native Dunes,
Serpentine Landform with bleacher section, and the
Children's Playground. In addition, the planting areas,
landscaping and various walks in the Coastal Hummock
Hammock Gardens, East Palm Lawns, Ocean Drive
Entry and Lawn Dune sections of the park.
Phase 111- All work West of the CCCL up to Washington
Ave. The major item of construction is the new asphalt
parking lot with its associated lighting, signage, and
pavement markings. Landscaping and planting areas
located in the Central Gardens and Central Palm Lawn
sections of the park which are divided by centrally
located berm.
Phase IV - The final phase of the project includes the
highly impressive fountain area located in Washington
Ave Plaza as well as the planting and landscaped areas
of West Palm Lawns.
The Cut Walk will be completed as areas become available
under various phases of construction.
m
103
-
vi
As part of Phase I, excavate and stockpile Beach Compatible
Sand west of the CCCL in the Central Palm Lawns area to
be utilized east of the CCCL in future phases. Backfilling
and compacting of imported fill in the excavated area. This
will effectively eliminate future disruption to the restaurant's
operations due to later excavations, when the space
available is more restricted.
Perform ail underground utility and drainage work where
the temporary parking lot will be located, and provide for
this temporary parking lot immediately. As before, this will
effectively eliminate future disruption to the restaurant's
operations.
r--
!2.
-0
'9
-0
Immediately Root Prune Trees throughout the park at;
Contract Award to provide greatest potential for transplanted ~
trees to survive. ~
Q)
!Xl
-=
Phase I J!
As mentioned above, one of the most critical tasks to be ~
"-
performed forthe South Pointe Park project is to immediately ~
root prune the existing trees that are to be relocated. In ~
-=
many cases some trees need to be pruned 45 days in J!
advance of relocation in order to have a high survivability ~
Q)
rate. Therefore, MCM is planning, immediately after Notice ~
of Award to root prune those trees requiring a lengthy root ~
prune process. Obviously, MCM will promptly coordinate ~
with the City for the removal of the existing structures to be ~
..r::.
demolished in order not to impact the proposed schedule. ~
.....
~
c
Trees to be relocated will be moved to a tree secured holding ~
area and maintained until ready for future planting. As this is [
taking place all SWPPP related activities will be performed. ~
o
When this is complete, MCM will begin excavating Beach .~
Compatible Sand west of the CCCL in the Centra! Palms ~
'-'
Lawn area to be used east of the CCCL. The excavation .
will then be backfilled and compacted in compliance with the
project specifications. All new drainage and underground
utilities ~ocated under the temporary parking area will be
installed. When complete, the temporary parking lot,
pedestrian access for the restaurant and fencing will be
constructed.
The anticipated dlJ1ration for Phase I will be 162 days.
Phase II
The Phase ~! work will continue to remove trees to the
landscape holding area. Then clearing and grubbing east
of the CCCL and at the existing parking lot will be done.
Demolition of the existing wooden bridge, boardwalk,
and the existing Cut Walk starting from the east will be
performed. While this is taking place, beach access will be
allowed through the northern side of site.
Once all demo and clearing have taken place, the Cut Walk
earth preparation and earthwork for the Native Dunes will
begin. When access to this SE corner of the work site is no
longer required by large construction equipment, importing
and placement of limerock fill for the Serpentine Landform
will be started. The Pavilion building will begin foundation
construction. Landform retaining walls will be built along
with the bleacher section. Once final grading of topsoil at
the landform is complete, sod will be placed to avoid any
erosion. Work on the Pavilion building will continue until
complete.
As the earth preparation for the Cut Walk advances, the
sub slab concrete work will commence. Once a substantial
length of sub slab has been constructed (1000') the shell
aggregate concrete and keystone border will be placed and
m
104
'-
protected from damage. When the Cut Walk construction
has reached Smith and Wollensky's, the walk will become
the access route to the beach.
When the pedestrian traffic has been re-routed to the Cut
Walk, construction of the storage building and all earthwork,
walks and landscaping on the north side of Phase II will be
completed.
The anticipated duration for Phase II will be 270 days,
which will be concurrent with the work in Phase III.
Phase III
As soon as the existing parking area is no longer required
as the haul route for Phase II, construction of the new
parking area will start. This includes water and sewer g
extensions, drainage installation, structural soil placement, ~
subgrade, base and paving. Upon completion, the new ;
permanent parking lot will be made available to Smith & ~
Wollensky. The temporary parking lot will then be removed 15
'"
and the earth berm between Central Gardens and Central ~
Palm Lawn will be constructed. Fine grading, walks and j
landscaping of Phase III area will then be performed. ~
'"
'E
During Phase III, the two alternates will be constructed ~
should they be selected by the Owner. The additional j
parking spaces will be incorporated into the new parking 15
lot. The landscaping, sidewalk, curb and gutter and lighting ~
along Washington Ave. will be installed. ~
C5
~
The anticipated duration for Phase III will be 234 days, ~
which will be concurrent and not added, with work in ~
Phase II. This will result in savings to the overall duration ~
of the project. MCM has been successful in the market by ~
being ~ble to develop the planning, in conjunction with the [
Owner, best suited for tthe timely completion of he project. ~
"-6
~
c:
o
'-'
Phase IV
.
The final phase of construction has only one difficult and
intricate activity to be performed on the project which is
the pump house located on Washington Ave. Plaza. This
structure is very deep and will require sheeting and a
concrete seal in orderto construct in the dry. Simultaneously
the trenches, basins, and fountain piping and fountain will
be installed. Grading and base work for the pavers will
immediately follow.
As the work in the Washington Ave Plaza is ongoing, the
berm along the Apogee building will be constructed and
the associated grading, walks, and landscaping will be
performed. Access to the beach will not be an issue within
this Phase.
The anticipated duration for Phase IV will be2Wdays,
culminating is Substantial completion of the project.
At the end of this section you will find a schedule that
depicts graphically the phasing of the project.
......
=
--
-.c
'7
-.c
C'oI
"*'
"'"
!::
:s
'"
Q)
"'"
-=
;:>
'"
~
-><
i
Q)
c
;:e
-=
;:>
'"
V>
-5
'"
Q)
"'"
'E
'"
::E
C5
~
o
Q)
.s:::
l-
e;
u..
~
C
'"
E
Q)
>
'"
Ci.
~
c:
'"
'6
e
't;;
c:
'"
'-'
105
m
--
.
vi