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REQUEST FOR
QUALIFICATIONS
NO. 09-03-01
PROFESSIONAL CONSTRUCTION
SERVICES FOR THE HERITAGE
PARK AND PARKING GARAGE
CITY OF
SUNNY ISLES BEACH
MIAMI-DADE COUNTY, FLORIDA
TABLE OF CONTENTS
RFQ # 09-03-01
Pu b lie No tice .............................................................................................................................. .. .......... 2
Sectio n 1.1 - In trod u cti 0 n ...................................................................................................................... 4
Sectio n 1.2 - Backgro un d ...................................................................................................................... 4
Section 1.3 - Project Description ...... .............................. ...... .......... ... .......................... .........................4
Section 1.4 - Submission Date and Pre-RFQ Submission Conference .............................................6
Section 1,5 -S tate m en t 0 f Qualifi ca ti 0 ns"".."..""""""""""""""""""""""""""",...."""""""""""", 6
Section 1.6 - Scope of Services and Construction Budget.................................................................. 7
Section 1.7 - Submittal Requirements .................................................................................................8
Section 1.8 - Additional Information or Clarification .......................................................................9
Section 1.9 - Award of Contract .......................................................... ......................... ........................ 9
Section 1.10 - Contract execu fion......................................................................................................... 9
Section 1.11 - Unauthorized W ork.......................................................................................................1 0
Section 1.12 - Instructions .... ... ....................................................................... ............ ..........................1 0
Section 1,13 - Changes/Alterations .....................................................,...........................................,....1 0
Section 1.14 - Sub-con tracto rs............................. ................. .............................. .................... .......... ....1 0
Section 1.15 - Discrepancies, Errors, and Omissions .........................................................................11
Section 1.16 - Disqualifications ............................................................................................................11
Section 1.17 - Submission Receipt........................................................................................................11
Section 1.18 - Capital Expenditures.....................................................................................................11
Section 1.19 - Scope of Work for Construction ..................................................................................12
Section 1.20 - Use of Premises ..............................................................................................................12
Section 1.21 - City's Occupancy Requirements ..................................................................................12
Section 1.22 - Work Restrictions..........................................................................................................12
Section 1.23 - Reservation of Rights ....................................................................................................12
Section 1.24 - Additional Information .................................................................................................13
Section 1.25 - Exhibits ................................................................................. ............ ..............................14
Public Entity Crime Affidavit .................... .................... ............. ....................... ...................................15
No n -C 0 II us iv e Affidavit....................................................................................................................... ..1 9
Agreem en t............................................................................................................................. ..................22
Schematic design and artistic rendering ....... ......... .............. ............ ........... ......... ................... .............4 9
PUBLIC NOTICE
NOTICE IS HEREBY GIVEN that the CITY OF SUNNY ISLES BEACH is seeking
Submissions ("Submissions or Responses") detailing qualifications to provide construction
services for the construction of the Heritage Park and Parking Garage.
Interested firm/individuals ("Respondent(s) or Contractor(s)") may pick-up a copy of the
Request for Qualifications ("RFQ") to be issued on Monday, March 9, 2009, at Sunny Isles
Beach Government Center, 18070 Collins Avenue, City Clerk, Fourth Floor, Sunny Isles Beach,
Florida, 33160. The RFQ contains detailed and specific information about the scope of services,
Submission requirements and selection procedures.
One (1) original, four (4) copies of the completed and executed Submissions must be delivered to
the following address no later than Wednesday, April 8, 2009, at 10:00 a.m,:
Sunny Isles Beach Government Center
18070 Collins Avenue, City Clerk
First Floor Meeting Room
Sunny Isles Beach, Florida, 33160
The City reserves the right to accept or not accept late submitted bids in the sole discretion of the
City Manager or his designee.
The envelope containing the sealed Submission must be clearly marked as follows:
"SEALED BID"
RFQ # 09-03-01 PROFESSIONAL CONSTRUCTION SERVICES FOR THE
HERITAGE PARK AND PARKING GARAGE
OPENING DATE AND TIME: WEDNESDAY, APRIL 8, 2009,10:00 A,M,
A mandatory Pre-RFO Submission Conference is scheduled for Monday, March 23, 2009,
2:00 p,m, at the Sunny Isles Beach Government Center, 18070 Collins Avenue, First Floor
Meeting Room, Sunny Isles Beach, Florida. All contractors planning to submit Submissions
are required to attend this meeting. Contractors should allow sufficient time to ensure arrival
prior to the indicated time, those arriving after the discussion has begun will not be considered to
be in attendance. Submissions from those who have failed to attend will not be accepted.
The City is soliciting Professional Construction Services for the Heritage Park and Parking
Garage. This will include, but is not limited to, the following tasks: Preliminary Layout of all
work; Proposed schedule of work; Field Verifications; Traffic Flow and Parking Control and
Management; Landscape and Park Coordination; and possible Public Involvement. The City
contemplates that the final product must be economically feasible, it must have community and
business buy-in, and it must be aesthetically pleasing. The estimated construction budget is
$12.5 Million Dollars. The expected completion time for the project is March 31, 2010.
Heritage Park Parking Garage:
The garage must accommodate at least 500 parking spaces meeting minimum City Codes and
four (4) levels of parking (including the ground level). Parking will be allowed on the top (open)
level. A driveway entrance to the service road will be required. The structure's foot print should
not exceed one acre and is anticipated to be approximately 125 feet by 350 feet.
Heritage Park Facilities:
The City has applied for a grant through Florida's Community Trust (FCT). Successful
contractor should demonstrate a successful track record of having designed and developed
outdoor recreation space or similar facilities. Prior experience working on projects with FCT
requirements is a plus. The expected Park amenities may include but are not limited to: 2 Bocce
Courts; Toddler Playground; 5-12 Playground; Quarter Mile (minimum) Walking Path; 2 Picnic
Pavilions; Picnic Tables; Benches & Trash Receptacles; Potential Splash Pad Playground; Open
Play Area; Landscaping; Art Feature Area.
The RFQ package (without the Plans and Specifications) will be available on Demand Star at
www.demandstar.com.
Complete RFQ packages (Plans, Specifications and Bid Documents) may be obtained at
your expense from:
Miami T -S~uare
3824 SW st Street
Coral Gables, FL 33134
Phone: 305-446-8816
Fax: 305-445-3812
Email: corale:ables@t-sQuare.com
Job Name: Sunny Isles Beach Heritage Park and Parking Garage
All requests for printing of Plans, Specifications, and Bid Documents are needed to be
made via fax or email to Miami T -Square,
The City reserves the right to reject any or all submittals, with or without cause, and to waive
technical errors and informalities, and to accept the submittal which best serves the interest of the
City.
For further information, please contact Rick Conner, Acting City Manager, at 305-792-1928.
Jane A. Hines, CMC, City Clerk
City of Sunny Isles Beach
CITY OF SUNNY ISLES BEACH, FLORIDA
REQUEST FOR QUALIFICATIONS NO, 09-03-01
CONSTRUCTION FOR
THE HERIT AGE PARK & PARKING GARAGE
1,1 INTRODUCTION
Pursuant to Chapter 62 of the City Code, the City of Sunny Isles Beach, Florida, (the "City") a
municipality located in Miami-Dade County, Florida, requests qualified construction service
contractors ("contractors") to submit letters of interest and statements of qualifications and
experience, to act as the City's contractor. The City intends to pre-qualify up to three (3)
contractors and execute an agreement with the successful contractor for construction of the
Heritage Park and Parking Garage. The City will create a final list of three firms for this project,
unless the City agrees to consider more than three (3) firms.
1,2 BACKGROUND
The City of Sunny Isles Beach was officially incorporated in 1997 and adopted its own
Comprehensive Plan in 2000. At the time of incorporation, the City had no public parks. Since its
incorporation, the City has experienced dramatic growth and development, prompting the City to
create more open space in the City. The City has made it a priority to create more open/green
space. The City has already acquired more than 12 acres over the past two years, with five (5)
acres being acquired this past year alone for parks and open space. This past year, the City
Commission has sponsored an initiative to create a $50 million dollar fund to acquire land for
open/green space purposes.
The Heritage Park and Parking Garage is an integral part of the City's commitment to open/green
space. The City's Heritage Park was specifically identified as an important element in meeting the
City's park and open space needs. Heritage Park will be the first park created in the northern part
of the City. The City envisions that the park will be a focus point of recreational activities for
residents living in the area. The park shall also include a municipal garage that will be jointly used
by residents and a private hotel.
1,3 DESCRIPTION OF HERITAGE PARK AND PARKING GARAGE
This is an approximately 3.82 acre facility bounded by Collins Avenue on the east, Lehman
Causeway on the south, Gallahad-Dade Road (193rd) on the north, and the Ocean View residential
development on the west.
PARKING GARAGE:
The garage must accommodate at least five hundred (500) parking spaces meeting minimum City
Codes and four (4) levels of parking (including the ground level). Parking will be allowed on the
top (open) level. A driveway entrance from the service road commonly known as Gallahad Dade
Boulevard will be required. The structure's foot print should not exceed one (1) acre and is
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anticipated to be approximately one hundred and twenty-five (125) feet by three hundred and fifty
(350) feet.
PARK FACILITIES:
Successful contractor should demonstrate a successful track record of having designed and
developed outdoor recreation space or similar facilities. The expected Park amenities may include
but are not limited to:
Bocce Courts (2)
Toddler Playground
5-12 Playground
Quarter Mile (minimum) Walking Path
Picnic Pavilions (2)
Picnic Tables
Benches & Trash Receptacles
Potential Splash Pad Playground
Open Play Area
Landscaping
Art Feature Area
The following is the park project summary verbiage that was submitted to the state in a grant
application. This is for informational purposes only because the summary may contain amenities
that are not in the plans and specifications.
PROJECT SUMMARY
Heritage Park will be located on State Road AlA (Collins Avenue) between NE
192nd Street and the William Lehman Causeway. The 3.55-acre site was purchased
by the City of Sunny Isles Beach in 2006 for nineteen million six hundred thousand
dollars of which 2.40 acres will be used for park land. (1.15 acres were cut-out for a
parking garage and driveway). Located across the street from the Atlantic Ocean,
Heritage Park is just a short walking distance from a public beach access area. The
objective of this project is to develop this prime piece of property into a public park
for all Sunny Isles Beach residents and visitors to enjoy rather than allow it to be
developed into a 16-story multi-family residential unit as it is currently zoned.
The project site is currently being used as a surface parking lot for the hotel across
the street as well as city employees. Along the perimeter of the property Brazilian
Peppers and Australian Pines are some exotic (invasive) vegetation that will be
removed prior to the new construction. The proposed park consists of a large open
space that will be used for both active and passive recreational activities. Park
amenities in this area include a 1A mile walking and jogging path, a covered and
accessible children's playground, two separate picnic pavilions, two (2) bocce ball
courts, and numerous park benches and associated site furnishings such as water
fountains, benches, picnic tables, trash receptacles, and bicycle racks. Additionally,
the eastern portion of the park will provide ample opportunities for the display of
public sculpture and other artworks.
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Sound environmental planning and the use of coastally adapted vegetation types will
be a key component to Heritage Park. The intent is to create a balanced and
harmonious landscape that provides open and sunny areas, as well as ample shaded
areas, so that the park can be enjoyed year round by members of all age groups.
Native shade trees, flowering trees, and large shrub bed plantings will be utilized to
provide a beautiful and aesthetically pleasing landscape composition. Additionally,
clusters of palm groupings will highlight Heritage Park's location in South Florida's
unique sub- tropical environment.
Heritage Park will be a vital component to the City of Sunny Isles Beach. This
signature park will become the centerpiece of an urban renewal that emiches the
recreational experiences of both Sunny Isles Beach residents, as well as visitor's to
this wonderful community.
1.4
SUBMISSION DATE
CONFERENCE
AND MANDATORY PRE-RFO SUBMISSION
Submittals must be received by the City Clerk's Office no later than 10:00 a,m, Wednesday,
April 8, 2009, at the Sunny Isles Beach Government Center, Attn: City Clerk, First Floor
Conference Room, 18070 Collins Avenue, Sunny Isles Beach, FL 33160. One (1) original, and
four (4) copies of the completed and executed Submission must be delivered by this deadline.
Submittals will be opened publicly and read aloud at this time. The City reserves the right to
accept or not accept late submitted bids based on the sole discretion of the City Manager or his
designee.
The envelope containing the sealed Submission must be clearly marked as follows:
"SEALED BID"
RFQ # 09-03-01 PROFESSIONAL CONSTRUCTION SERVICES
FOR THE HERIT AGE PARK AND PARKING GARAGE
OPENING DATE AND TIME: WEDNESDAY, APRIL 8,2009,10:00 A,M,
A mandatory Pre-RFO Submission Conference is scheduled for 2:00 p,m" Monday, March
23, 2009, at the Sunny Isles Beach Government Center, 18070 Collins Avenue, First Floor
Conference Room, Sunny Isles Beach, Florida. All contractors planning to submit a
Submission are required to attend this meeting. Contractors should allow sufficient time to
ensure arrival prior to the indicated time, those arriving after the discussion has begun will
not be considered to be in attendance, Submittals from those who have failed to attend will not
be accepted.
1,5 STATEMENT OF OUALIFICATIONS
Statements of qualifications should be self-explanatory and presented in a manner to provide a
straightforward presentation of the firm's capabilities and qualifications. Elaborate brochures and
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other promotional type materials are not desirable. The format shall address and respond to each
requirement of the RFQ as outlined below.
1) History of the Firm, including ownership and key management.
2) A summary of any company changes that are anticipated to occur during the Project.
3) Location of corporate headquarters and other divisional offices.
4) Location of office(s) that will be involved in this Project during pre-construction and
potential construction phase services.
5) Description of contractor's project team to include the name, responsibilities, and resumes
of key personnel that will be assigned to this Project.
6) Description of how contractor's team will be organized and assigned responsibility for this
Project.
7) Description of recent project experience, including projects of similar size, and client
references with contact information.
8) Evidence of capabilities for construction scheduling, material procurement, and assurance
that plans, specifications, and schedules are met.
9) A statement of experience summarizing projects constructed under a similar development
process and a summary of what the Firm can "bring to the table" for the benefit of the City
of Sunny Isles Beach.
10) A statement addressing the Firm's present and projected workload and how this Project
will be scheduled within that workload.
11) Third Party evidence that the Firm has the required license, insurance, and financial and
bonding capabilities necessary to fulfill their responsibilities for this Project. The City may
require supplementary evidence of financial stability prior to signing a contract for the
Project. Note the City is a public body subject to the State of Florida Public Records Law.
Information submitted as part of this RFQ may be subject to public release.
The contractor shall furnish such additional information as the City may reasonably require. This
includes information that indicates financial resources as well as the ability to provide and
maintain the requested services.
The contractor must have attended the mandatory pre-RFQ Submission Conference to be eligible
to be considered for this project. No exceptions will be made.
1,6 SCOPE OF SERVICES AND CONSTRUCTION BUDGET
The City is soliciting professional construction services for the construction of the Heritage Park
and Parking Garage per the plans and specifications prepared by Spillis-Candela-DMJM.
This will include, but is not limited to, the following tasks:
· Field verification surveying
· Possible geotechnical exploration, testing, and verification
· Utility location and planning
· Environmental considerations
· Traffic flow and required interim parking issues
· Landscape coordination and staging
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· General construction work
· Possible preparation of complete as-built drawings
· Possible public involvement
The City contemplates the construction firm team to include (but not be limited to) the minimum
following disciplines.
· Structural Concrete Specialists
· Parking Facility Specialists
· Traffic Management Specialists
· Landscape Professionals
· Park Development Specialists
The intent is to have the contractors provide a viable holistic approach to the construction and
transition process. The final product must be economically feasible, it must have community and
business buy-in, and it must be aesthetically pleasing. The estimated construction budget is
$12,5 million dollars,
1,7 SUBMITTAL REOUIREl\1ENTS
All submittals by contractors shall contain no more than fifteen (15) pages specifically addressing
the following issues. All other required documentation (except for 5 and 6 below) will not be
considered a part of the fifteen (15) pages. Any contractor wishing to provide the services
described in Section 1,6 above must submit one (1) original and four (4) additional complete
copies that include, at a minimum, the following documentation:
1. Name, address and company, including, but not limited to, a business overview, financial
state of the business, annual revenue for past two years, and names and addresses of
persons having financial interest in the firm.
2, A list of all projects (including government projects) completed or in process for the past
five (5) years, and a corresponding list of client references with contact names and
telephone numbers.
3, Proof of authorization to transact business in Florida from the Florida Secretary of State,
from the prime as well as supporting firms.
4, The name, title, qualifications, experience, and all contact information of the proposed
contact person.
5, A listing of the proposed personnel to be assigned to the City's various potential projects,
including their qualifications and experience.
6, Sworn statement pursuant to Section 287. 133(3)(A), Florida Statutes, on Public Entity
Crime, a copy of which is attached hereto.
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7, Non-collusive Affidavit, a copy of which is attached hereto.
1,8 ADDITIONAL INFORMATION OR CLARIFICATION
Requests for additional information or clarifications must be made in writing and received by the
City Manger specified in the Public Notice section of this RFQ, in accordance with the deadline
for receipt of questions also specified in the Public Section of this RFQ. The request for additional
information and clarification must contain the RFQ number and title, contractor's name, name of
contractor's contact person, address, phone number, and facsimile number.
Electronic facsimile requesting additional information must be received by the City Manager for
this RFQ at the fax number (305) 792-1561. Facsimiles must have a cover sheet which includes, at
a minimum, the contractor's name, name of contractor's contact person, address, number of pages
transmitted, phone number, facsimile number, and RFQ number and title.
The City will issue responses to inquiries and any other corrections or amendments it deems
necessary in written addenda issued prior to the Submission deadline. Contractors should not rely
on any representations, statements or explanations other than those made in this RFQ or in any
written addendum to this RFQ. Where there appears to be conflict between the RFQ and any
addenda issued, the last addendum issued shall prevail.
1,9 SELECTION. AWARD. AND PROTEST PROCEDURES
The City will select the contractor the City determines to be the most qualified and responsive
contractor ("Successful Contractor") based on the City's evaluation of the Statement of
Qualifications in accordance with Section 1.19 of this RFQ and interviews, if conducted. The City
will act, at its sole discretion, in what it considers to be in the best interest of the City. The City
will evaluate the comparable experience, capability, project management, workload, financial
strength, and other factors the City deems pertinent and will select the firm that it deems to be most
qualified. The City will be the sole judge in determining the most qualified firm in accordance
with the criteria set forth in Section 62-8 of the City Code.
Any protests or objections to the City's Request for Qualifications, select of the Successful
Contractor, and/or Contractor award process must be submitted in writing in accordance with
Section 62-15 of the City Code.
If the City and Successful Contractor are unable to negotiate a mutually acceptable contract, the
City may terminate the contract negotiations and begin negotiations with the other qualified firms.
This process may continue until a contract has been executed or all Submissions have been
rejected. No contractor shall have any rights in the subject project or against the City arising from
such negotiations.
1,10 CONTRACT EXECUTION
A contract will be negotiated and executed between the Successful Contractor and the City in
substantially the same form as the attached Agreement. The successful operation of this contract
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requires that the Successful Contractor and the City agree to act in good faith in all matters relating
to carrying out the project and the interpretation of the contract documents.
1.11 UNAUTHORIZED WORK
The Successful Contractor shall not begin work until a Notice to Proceed is received. The Notice
to Proceed shall specify the period of time allotted for the completion of the work.
1.12 INSTRUCTIONS
Careful attention must be given to all requested items contained in this RFQ. Contractors are
invited to submit Submissions in accordance with the requirements of this RFQ. PLEASE READ
THE ENTIRE SOLICITAITON BEFORE SUBMITTING A SUBMITTAL. Contractors
shall make the necessary entry in all blanks provided for the responses.
The entire set of documents, together with all attachments hereto, constitutes the RFQ. The
contractor must return these documents with all information necessary for the City to properly
analyze contractor's response in total and in the same order in which it was issued. Contractor's
notes, exceptions, and comments may be rendered on an attachment, provided the same format of
this RFQ text is followed. All responses to this RFQ shall be returned in a sealed envelope or
package with the RFQ number and opening date clearly noted on the outside of the envelope.
Contractors must provide a response to each requirement of the RFQ. Responses should be
prepared in a concise manner with an emphasis on completeness and clarity.
1,13 CHANGES/ALTERATIONS
Contractor may change or withdraw a response at anytime prior to the submission deadline;
however, no oral modifications will be allowed. Written modifications shall not be allowed
following the submission deadline.
1,14 SUB-CONTRACTOR(S)
A Sub-Contractor is an individual or firm contracted by the contractor or contractor's firm to assist
in the performance of services required under this RFQ. A Sub-Contractor shall be paid through
the contractor or contractor's firm and shall not be paid directly by the City. Sub-Contractors are
allowed by the City in the performance of the services delineated within this RFQ. However, the
contractor must clearly reflect in its Submission that major Sub-Contractors to be utilized in the
performance of the required services. The City retains the right to accept or reject any Sub-
Contractors proposed in the response of Successful Contractor or at anytime prior to contract
execution.
Any and all liabilities regarding the use of a Sub-Contractor shall be borne solely by the Successful
Contractor and insurance for each Sub-Contractor must be maintained in good standing. Neither
Successful Contractor nor any of its Sub-Contractors are considered to be employees or agents of
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the City. Failure to list all Sub-Contractor(s) and provide the required information may disqualify
any proposed Sub-Contractors from performing work under this RFQ.
Contractors shall include in their responses to this RFQ the requested Sub-Contractor information
and include all relevant information required of the contractor. In addition, within five (5) working
days after the identification of the award to the Successful Contractor, the Successful Contractor
shall provide a list confirming the Sub-Contractors that the Successful Contractor intends to utilize
in the contract, if applicable. The list shall include, at a minimum, the name, location of the place
of business of each Sub-Contractor, the services Sub-Contractor will provide relative to any
contract that may result from this RFQ, as well as any applicable licenses, references, ownership,
and other information required of Contractor.
1.15 DISCREPANCIES. ERRORS. AND OMISSIONS
Any discrepancies, errors, or ambiguities in the RFQ or addenda (if any) should be reported in
writing to the City Manager or his designee. Should it be necessary, a written addendum will be
incorporated to the RFQ. The City will NOT be responsible for any oral instructions,
clarifications, or other communications.
1,16 DISQUALIFICATION
The City reserves the right to disqualify responses before or after the submission deadline, upon
evidence of collusion with intent to defraud or other illegal practices on the part of the contractor.
The City also reserves the right to waive any immaterial defect or informality in any responses to
this RFQ; to reject any or all responses in whole or in part; or to reissue an RFQ for the services
described herein.
1,17 SUBMISSION RECEIPT
Sealed responses will be accepted in accordance with the instructions detailed on the cover of this
RFQ. The contractor shall file all documents necessary to support its response and shall include
them with its Submission. Contractor shall be responsible for the actual delivery of responses
during business hours to the exact address indicated in this RFQ. The City reserves the right to
accept or not accept late submitted bids in the sole discretion of the City Manager or his designee.
1,18 CAPIT AL EXPENDITURES
The Successful Contractor understands that any capital expenditures that the Successful Contractor
makes, in order to perform the services required in this RFQ, is a business risk which the
Successful Contractor may include in its proposed price. The City, however, is not and shall not
payor reimburse any capital expenditures or any other expenses, incurred by any Contractor, in
anticipation neither of a contract award nor to maintain the approved status of the Successful
Contractor if a contract is awarded.
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1,19 SCOPE OF WORK FOR CONSTRUCTION
The City is seeking one (1) experienced and licensed contractor to provide construction services
for the Heritage Park and Parking Garage. The City intends to pre-qualify up to three (3)
contractors and execute an agreement with the successful contractor for construction of the
Heritage Park and Parking Garage.
1.20 USE OF PREMISES
The Successful Contractor shall have use of the premises for construction operations, including the
use of the project site, during the construction period. However, the Successful Contractor's use of
premises is limited by the City's right to perform work or retain other contractors on portions of
the work. Deliveries shall be scheduled in a manner that will minimize the space and time
required for storage of materials and equipment on site. There shall be no closure of vehicular
lanes. The Successful Contractor and Successful Contractor's employees are prohibited from
parking on the project site without the advance, express written consent of the City.
1,21 CITY'S OCCUPANCY REQUIREMENTS
The City reserves the right to occupy and to place and install equipment in completed areas of the
project site, before Substantial Completion, provided such occupancy does not interfere with
completion of the Work. Such placement of equipment and partial occupancy shall not constitute
acceptance of the total Work. The City or its designee will prepare a Certificate of Substantial
Completion for each specific portion of the Work to be occupied before occupancy by the City.
Before partial occupancy, mechanical and electrical systems shall be fully operational and required
tests and inspections shall be successfully completed. On occupancy, the City will operate and
maintain mechanical and electrical systems servicing occupied portions of the building. On
occupancy, the City will assume responsibility for the maintenance and custodial service of the
occupied portions of the building.
1,22 WORK RESTRICTIONS
Work shall be performed at the project site during normal business working hours from 7 AM. to
5 P.M. Monday through Friday, and Saturday from 9 AM. to 5 P.M. except as otherwise approved
by the City.
1.23 RESERVATION OF RIGHTS
While pursuing this RFQ process, the City reserves the right to:
· Accept any or all responses, and the right, in its sole discretion, to accept the contractor
who will best serve the interests of, and represent the best value to, the City in conformity
with the criteria set forth in Section 62-8 of the City Code.
· Reject any and all qualifications and to seek new qualifications when such a procedure is
reasonably in the best interest of the City.
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. Investigate the financial capability, integrity, experience, and quality of performance of
each contractor, including officers, principals, senior management, and supervisors, as well
as staff identified in the response to RFQ.
. Investigate the contractor's qualifications or any of its agents, as it deems appropriate
. Conduct personal interviews of any or all prospective contractors prior to selection (the
City shall not be liable for any costs incurred by the contractor in connection with such
interviews ).
. Waive any of the conditions or criteria set forth in this RFQ.
· The City reserves the right on any advertised selection process to decide whether to select a
firm based on the Statement of Qualifications received or whether to hold interviews with
the firms the City deems best qualified for the Project.
1.24 ADDITIONAL INFORMATION
· The Submission must clearly be marked on the front of the envelope:
"SEALED BID"
RFQ # 09-03-01 PROFESSIONAL CONSTRUCTION SERVICES
FOR THE HERITAGE PARK AND PARKING GARAGE
OPENING DATE AND TIME: WEDNESDAY APRIL 8,2009, AT 10:00 A,M,
· Questions regarding this RFQ must be directed, no later than seven (7) calendar days
before the opening of the RFQ, to:
Rick Conner
Acting City Manager
City of Sunny Isles Beach
18070 Collins Avenue
Sunny Isles Beach, FL 33160
Telephone: (305) 792-1928
Email: rconner@sibfl.net
· Responses to this RFQ must be delivered by the stated deadline to:
Attn: Jane A Hines, CMC
City Clerk
Sunny Isles Beach Government Center
18070 Collins Avenue
First Floor Conference Room
Sunny Isles Beach, FL 33160
· The opening of the Submissions will be in the First Floor Conference Room, 18070 Collins
Avenue, Sunny Isles Beach, Florida 33160 at the stated time.
· Submissions will be opened publicly and read aloud at this time.
· The City is under no obligation to return the Submissions.
· The City will not be liable for any cost incurred in the preparation of the response to RFQ.
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· The Submissions shall be prima facie evidence that the contractor has full knowledge of the
scope, nature, quantity and quality of work to be performed; the detailed requirements of
the specifications; and the conditions under which the work is to be performed.
· The contractors shall furnish the City with such additional information as the City may
reasonably require.
· Under no circumstance should any prospective contractor or anyone acting on their behalf,
seek to influence or to gain the support of any member of the City Commission or City
Staff favorable to the interest of the prospective contractor. Likewise, contact with the City
Commission or City Staff against the interest of other prospective contractors is prohibited.
Any such activities may result in the exclusion of the prospective contractor from
consideration by the City.
1.25 EXHIBITS
The Exhibits to this RFQ are as follows:
Exhibit "A" Public Entity Crime Affidavit
Exhibit "B" Non-Collusive Affidavit
Exhibit "C" Agreement between the City and the successful contractor
Exhibit "D" Schematic design and artistic rendering of the Heritage Park and Parking Garage
14
EXHIBIT "A"
15
SWORN STATEMENT PURSUANT TO SECTION 287,133(3)(a)
FLORIDA STATUTES, ON PUBLIC ENTITY CRIMES
THIS FORM MUST BE SIGNED AND SWORN TO IN THE PRESENCE OF A NOTARY
PUBLIC OR OTHER OFFICIAL AUTHORIZED TO ADMINISTER OATHS.
1. This sworn statement is submitted
to
by
for
whose business address is
and (if applicable) its Federal Employer Identification Number (FEIN)
(If the entity had no FEIN, include the Social Security Number of the individual signing this
sworn statement:
2. I understand that a "public entity crime" as defined in Paragraph 287. 133(1)(g), Florida
Statutes, means a violation of any state or federal law by a person with respect to and directly
related to the transaction of business with any public entity or with an agency or political
subdivision of any other state or of the United States, including, but not limited to, any bid or
contract for goods or services to be provided to any public entity or an agency or political
subdivision of any other state or of the United States and involving antitrust, fraud, theft,
bribery, collusion, racketeering, conspiracy, or material misrepresentation.
3. I understand that "convicted" or "conviction" as defined in Paragraph 287 . 133(1)(b ), Florida
Statutes means a finding of guilt or a conviction of a public entity crime, with or without an
adjudication of guilt, in any federal or state trial court of record relating to charges brought by
indictment or information after July 1, 1989, as a result of a jury verdict, nonjury trial, or entry
of a plea of guilty or nolo contenders.
4. I understand that an "affiliate" as defined in Paragraph 287. 133(1)(a), Florida Statutes, means:
a. A predecessor or successor of a person convicted of a public entity crime; or
b. An entity under the control of any natural person who is active in the management of the
entity and who has been convicted of a public entity come. The term "affiliate" includes
those officers, directors, executives, partners, shareholders, employees, members, and
agents who are active in the management of an affiliate. The ownership by one person of
shares constituting a controlling interest in another person, or a pooling of equipment or
income among persons when not for fair market value under an arm's length agreement,
shall be a prima facie case that one person controls another person. A person who
knowingly enters into a joint venture with a person who has been convicted of a public
entity crime in Florida during the preceding 36 months shall be considered an affiliate.
16
5. I understand that a "person" as defined in Paragraph 287. 133(1)(e), Florida Statutes, means any
natural person or entity organized under the laws of any state or of the United States with the
legal power to enter into a binding contract and which bids or applies to bid on contracts for
the provision of goods or services let by a public entity, or which otherwise transacts or applies
to transact business with a public entity. The term "person" includes those officers, directors,
executives, partners, shareholders, employees, members, and agents who are active in
management of any entity.
6. Based on information and belief, the statement which I have marked below is true in a
relation to the entity submitting this sworn statement. (Please indicate which one (1) of the
following three (3) statements is applicable.)
_ (1) Neither the entity submitting this sworn statement, nor any of its officers, directors,
executives, partners, shareholders, employees, members, or agents who are active in the
management of the entity, or any affiliate of the entity has been charged with and convicted of a
public entity crime within the past 36 months.
_(2) The entity submitting this sworn statement, or one or more of its officers, directors,
executives, partners, shareholders, employees, members, or agents who are active in the
management of the entity, or any affiliate of the entity has been charged with and convicted of a
public entity crime within the past 36 months.
_(3) The entity submitting this sworn statement, or one or more of its officers, directors,
executives, partners, shareholders, employees, members, or agents who are active in the
management of the entity, or agents who are active in management of the entity, or any affiliate
of the entity has been charged with and convicted of a public entity crime within the past 36
months. However, there has been a subsequent proceeding before a Hearing Officers of the State
of Florida, Division of Administrative Hearings and the Final Order by the Hearing Officer
determined that it was not in the public interest to place the entity submitting this sworn
statement on the convicted vendor list. (Attached is a copy of the final order.)
I UNDERSTAND THAT THE SUBMISSION OF THIS FORM TO THE CONTRACTING
OFFICER FOR THE PUBLIC ENTITY IDENTIFIED IN PARAGRAPH 1 (ONE) ABOVE IS
FOR THE PUBLIC ENTITY ONLY AND, THAT THIS FORM IS VALID THROUGH
DECEMBER 31 OF THE CALENDAR YEAR IN WHICH IT IS FILED AND FOR THE
PERIOD OF THE CONTRACT ENTERED INTO , WHICHEVER PERIOD IS LONGER. I
ALSO UNDERSTAND THAT I AM REQUIRED TO INFORM THE PUBLIC ENTITY
PRIOR TO ENTERING INTO A CONTRACT IN EXCESS OF THE THRESHOLD AMOUNT
PROVIDED IN SECTION 287.017, FLORIDA STATUTES FOR THE CATEGORY TWO OF
ANY CHANGE IN THE INFORMATION CONTAINED IN THIS FORM.
SIGNATURE OF AFFIANT
(Printed or Typed Legal Name of Affiant)
17
State of Florida of County of Miami-Dade
Sworn to and subscribed before me this
day of
, 2009 by
Notary Seal:
Notary's Name Printed, Stamped or Typed
Personally Known:
or Produced Identification
Identification Produced
18
EXHIBIT "B"
19
NON-COLLUSIVE AFFIDA VIT
State of
Florida)
County of
Miami-Dade)
and says that:
being first duly sworn, deposes
(1) He/she is the (Owner, Partner, Officer, Representative or Agent) of the Bidder that has
submitted the attached Bid;
(2) He/she is fully informed respecting the preparation and contents of the attached Bid and
of all pertinent circumstances respecting such Bid;
(3) Such Bid is genuine and is not a collusive or sham Bid;
(4) Neither the said bidder nor any of its officers, partners, owners, agents, representatives,
employees or parties in interest, including this affiant, have in any way colluded, conspired,
connived or agreed, directly or indirectly, with any other Bidder, firm, or person to submit a
collusive or sham Bid in connection with the Work for which the attached Bid has been
submitted; or to refrain from bidding in connection with such Work; or have in any manner,
directly or indirectly, sought by agreement or collusion, or communication, or conference with
any Bidder, firm, or person to fix the price or prices in the attached Bid or of any other Bidder, or
to fix any overhead, profit, or cost elements of the Bid price or the Bid price of any other Bidder,
or to secure through any collusion, conspiracy, connivance, or unlawful agreement any
advantage against the City of Sunny Isles Beach, Florida, or any person interested in the
proposed Work;
(5) The price or prices quoted in the attached Bid are fair and proper and are not tainted by
any collusion, conspiracy, connivance, or unlawful agreement on the part of the Bidder or any
other of its agents, representatives, owners, employees or parties in interest, including this
Affiant.
SIGNATURE OF AFFIANT
(Printed or Typed Legal Name of Affiant)
20
State of Florida of County of Miami-Dade
Sworn to and subscribed before me this
day of
, 2009 by
Notary Seal:
Notary's Name Printed, Stamped or Typed
Personally Known: _ or Produced Identification
Identification Produced
21
EXHIBIT "c"
22
CONSTRUCTION SERVICE CONTRACT
o. SON
THIS AGREEMENT is made and entered into this day _ of 2009 by and
between the City of Sunny Isles Beach (the "City") and a Florida Corporation (the
Contractor").
WITNESSETH:
WHEREAS, the City issued Request for Qualifications No. 09-03-01 ("RFQ") for Professional
Construction for the Heritage Park and Parking Garage (the "Project"), and Contractor was
selected as the lowest responsible, responsive bidder, whose bid best served the interest of
and represented the best value to the City in conformity with the criteria set forth in Section 62-8
of the City Code, to perform the professional construction services; and
WHEREAS, the Contractor represents to the City that it possesses the requisite qualifications,
expertise and licenses to perform the professional construction services; and
WHEREAS, the City Commission has determined that it is in the City's best interests to
enter into and approve this Agreement with the Contractor for the Project.
NOW THEREFORE, in consideration of the foregoing, and the mutual covenants
and compensation set forth herein, the City and Contractor agree as follows:
ARTICLE 1. DEFINITIONS
Agreement means this Agreement together with the Contract Documents.
Bond(s) means the Payment Bond and the Performance Bond issued by a surety or sureties in
accordance with the provisions of the Contract Documents.
Commencement Date means the date on which Contractor commences on-site construction
of the Project, but in no event later than five (5) days after the City's issuance of a Notice to
Proceed.
Contract Amount means the total sum of monies which has been agreed to between the
Contractor and the City as the total price for the construction of the Project and the performance of
all services under this Agreement.
Contract Documents means this Agreement, the Request for Qualifications, any Addenda to
the Request for Qualifications, the Successful Contractor's response to the Request for
Qualifications, the Bid Plans and Specifications prepared by Spillis-Candela-DMJM, as well as
the documents specifically identified in Article 14 below.
Contract Time means the time period defined in this Agreement for the Contractor to
complete the Work.
Contractor means the Successful Contractor selected by the City to provide all labor, materials,
equipment and services to complete the Work described in the Contract Documents.
Contractor Project Manager means the person designated by Contractor as its lead
representative to the City. The Contractor Project Manager shall have the authority to obligate
23
and bind the Contractor and to act on all matters on behalf of Contractor except for revisions to
the Contract Documents and Change Orders.
Construction Change Directive means a written directive to effect changes to the Work,
prepared by and executed by the City.
Construction Schedule means a critical path schedule or other construction schedule, as
defined and required by this Agreement.
Construction Work means all Work required by this Agreement for the construction of the
Project. The Construction Work s also referred to herein as the "Work".
Cure means the action taken by the Contractor, promptly after receipt of written notice from the
City of a breach of the Agreement, which shall be performed at no cost to the City, to repair,
replace, correct, and/or remedy all material, equipment, or other elements of the Work or the
Agreement affected by such breach, or to otherwise make good and eliminate such breach,
including, without limitation, repairing, replacing or correcting any portion of the Work or the
Project site disturbed in performing such cure.
Cure Period means a period of thirty (30) days, after receipt of written notice to cure from the
City, in which the Contractor is required to cure deficiencies in the Work or compliance with
this Agreement or the Contract Documents.
Drawings means the graphic and pictorial portions of the Work, which serve to show the
design, location and dimensions of the Work to be performed, including, without limitation, all
notes, schedules and legends on such Drawings.
Field Directive means a written approval for the Contractor to proceed with Work requested by
the City, which is minor in nature and should not involve additional cost.
Final Completion means the date subsequent to the date of Substantial Completion at which
time the Contractor has completed all the Work in accordance with the Agreement as certified
by the City and submitted all documentation required by the Agreement. Final Completion shall
be evidenced by the City's issuance of a Final Certificate for Payment.
Insurance Requirements means the requirements described in this Agreement and the Contract
Documents.
Notice To Proceed means a written letter or directive issued by the City directing that the
Contractor may begin Work on the Project or a specific task of the Project.
Project Manager means an employee or representative of the City assigned to manage and
monitor the Work to be performed under this Agreement and the construction of the Project.
Project means the construction and incidentals thereto, of the project entitled RFQ 09-03-01
Professional Construction Services for the Heritage Park and Parking Garage, as described in the
Contract Documents.
Project Site means the area for the Heritage Park and Parking Garage, more fully described as
the three (3) acre facility bounded by Collins Avenue on the east, Lehman Causeway on the
south, Gallahad-Dade Road (193rd) on the north, and the Ocean View residential development on
the west.
Punch List means a compilation of items of Construction Work required to be performed by, or
through the Contractor after the Substantial Completion inspection and prior to Pinal Completion
and payment.
Request For Information (RFI) means a request from the Contractor seeking an interpretation
or clarification by the City relative to the Agreement and/or the Contract Documents. The RFI,
which shall be clearly marked RFI, shall clearly and concisely set forth the issue(s) or item(s)
24
requiring clarification or interpretation and why the response is needed. The RFI must set forth
the Contractor's interpretation or understanding of the document(s) in question, along with
the reason for such understanding.
Schedule of Values means a written schedule setting forth the detailed and itemized cost
breakdown, inclusive of labor, material, and taxes of all elements comprising the Work.
Specifications and Plans as used herein means that portion of the Contract Documents
which are the written requirements for the materials, equipment, systems, standards and
workmanship for completion of the Work and performance of related services, as prepared by
Spillis-Candela DMJM for this Project.
Sub-Contractor(s) means a person or entity other than a materialman or laborer that has a
direct contract with the Contractor to perform or supply any portion of the Work.
Substantial Completion means that point at which the Work is at a level of completion in
substantial compliance with the Agreement such that the City can use, occupy and/or operate
the facility in all respects to its intended purpose. Substantial Completion shall be evidenced by
the City's execution of a Certificate of Substantial Completion.
Time for Completion means the date of Substantial Completion as specified in the Contract
Documents.
Work as used herein refers to all services required by the Contract Documents, including all
labor, materials, equipment, supervision and services needed to complete the Project in
accordance with the Contract Documents.
ARTICLE 1. SCOPE OF WORK
Contractor shall provide all labor, materials, equipment, tools, manpower, management,
supervision, and all other necessary goods and services to perform the Work in the manner
provided this Agreement and the Contract Documents.
ARTICLE 2, CONTRACT TIME. TIME FOR COMPLETION AND LIQUIDATED
DAMAGES
2,1 Time is of the essence in the performance of the Work under this Agreement. The
Commencement Date shall be no later than five (5) days after City's issuance of the Notice to
Proceed. Contractor shall perform the Work in accordance with the Construction Schedule and
shall achieve Substantial Completion of construction not later than the Time for Completion.
2,2 Contractor shall complete all applications for the Permits within ten (10) calendar
days after execution of this Agreement. A Notice to Proceed for the commencement of the Work
will not be issued until Contractor's submission to the City of all required documents, including,
but not limited to, the Bonds, the Insurance Certificate and the Permits. In the event Contractor
fails to deliver to the City the required documents within ten (10) days after the Execution Date,
or fails to apply for the Permits within ten (10) days after the Execution Date, or fails to
commence the Work within five (5) days after the City's Issuance of a Notice to Proceed, then
Contractor shall be in default. In such event the City, in addition to all remedies provided for an
event of Contractor's default hereunder, shall have the right to collect from Contractor all
expenses incurred by the City in the re-procurement of the Services.
25
2.3 Time is of the essence throughout this Agreement.
2,4 Upon failure of Contractor to achieve Substantial Completion of the Work by the Time
for Completion, plus approved time extensions (if applicable), Contractor shall pay to the City
the sum of two thousand dollars ($2,000,00) for each calendar day after the Time for
Completion plus any approved time extensions (if applicable). These amounts are not
penalties but are liquidated damages to the City for its inability to obtain 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 the 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 Construction Work on time.
2,5 The City is authorized to deduct liquidated damages from monies due to Contractor for
Work under this Agreement or as much thereof as the City may, in its sole discretion, deem just
and reasonable.
2,6 Contractor will promptly perform its duties under the Contract Documents and will
give the Work as much priority as is necessary to cause the Work to be completed on a timely
basis in accordance with the Contract Documents. Time is of the essence of this Agreement.
All Work shall be performed strictly (not substantially) within the time limitations necessary to
meet all deadlines established in the Construction Schedule and the Contract Documents.
2,7 All dates and periods of time set forth in the Construction Schedule and the Contract
Documents, including those for the commencement, prosecution, Interim milestones,
milestones, and completion of the Work, and for the delivery and installation of materials and
equipment, were included because of their importance to the City.
2,8 Contractor acknowledges and recognizes that (i) the City is entitled to full and beneficial
occupancy and use of the completed Work following expiration of the Time for Completion,
and (ii) the City will schedule the opening of the Project based upon the Contractor's achieving
Substantial Completion of the Work on or before the Time for Completion.
2,9 Contractor agrees to the assessment of liquidated damages as provided in this Agreement.
2,10 Except for extensions approved in writing by the City, Excusable Delays, or as
otherwise specifically provided in this Agreement, the Contractor understands that the occurrence
of events of delay within the Contractor's control, shall not excuse the Contractor from its
obligation to achieve Substantial completion of the Work within the time stipulated in this
Agreement, and shall not entitle the Contractor to an adjustment of the Contract Amount. All
parties under the control or contract with the Contractor shall include, but are not limited to,
subcontractors, materialmen and/or laborers.
26
ARTICLE 3, EXCUSABLE DELAY
The Time for Completion may be extended by reason of an Excusable Delay. An Excusable
Delay is delay caused by circumstances (i) beyond the control of Contractor, its Sub-
Contractors, suppliers and vendors and (ii) not caused by the negligence of Contractor, its Sub-
Contractors, suppliers and vendors. Where Contractor claims that it is entitled to an extension
because of an excusable delay, it shall furnish to the Project Manager all documentation
supporting its claim, including, details of the claim, a description of the work affected and the
actual costs resulting from the delay. Failure of Contractor to comply with this Article 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.
ARTICLE 4, NO DAMAGE FOR DELAY
In the event construction of the Project is delayed through no fault of Contractor or Owner, it is
agreed that Contractor's sole and exclusive remedy is a time extension of the Time for
Completion equal to each day the Work is so delayed. The City shall not be liable for any delay
damages or damages in any way attributable to performing work out of sequence, acceleration
claims, or other similar type claims, incurred by Contractor or any of its Sub-contractors, arising
out of or in any way associated with the performance of this Contract. In the event Contractor is
delayed in performance of the Work by act or omission of Owner, or Owner's Agents,
employees, consultants or Separate Contractor's, Contractor shall be entitled to an equitable
adjustment of the Time for Completion and Contractor's expenses associated with the delay.
ARTICLE 5, CONTRACT AMOUNT. PROGESS
PAYMENTS AND FINAL PAYMENT
5,1 The City shall pay to the Contractor, for the faithful performance of this
Contract, the Contract Amount in accordance with the provisions of Article 2 of this
Agreement. Payment shall be made pursuant to approved applications for payment approved
by the City. Payment shall be made within thirty (30) days after the City's receipt of
Contractor's Application for Payment, approved by the City, and accompanied by sufficient
supporting documentation, and containing sufficient detail, to allow a proper audit of
expenditures, should the City require one to be performed.
5,2 Contractor may make Application for Payment for Construction Work completed
during the Project at intervals of not more than once a month. Contractor's Application for
Payment shall include partial release(s) of liens or consent of Surety relative to the portion of the
Work, which is the subject of the Application for Payment and any other information
required by the City. Each Application for Payment shall be submitted in triplicate to the City
for approval.
5,3 Ten percent (10%) of all monies earned by Contractor shall be retained by the City
until Final Completion, receipt of closeout documents, and acceptance by the City except that
after fifty percent (50%) of the Work has been completed, the Contractor may request a
reduction in the retainage to five percent (5%) of all monies previously earned and all monies
27
City of Sunny Isles Beach
Bid Opening
RFQ No, 09-03-01/Responses from the Three Finalists
Professional Construction Services for Heritage Park and Parking Garage
18070 Collins Avenue, 1st Floor, Sunny Isles Beach, FL 33160
Opening Date and Time: Friday, May 22, 2009, 10:00 a.m,
PRESENT: Rick Conner, Acting City Manager
Jorge Vera, Assistant City Manager, Service Division
Audience: Interested Parties
3 responses from the 3 Finalists to Bid No, 09-03-01 were received:
1, The Haskell Company ( 1 original and 1. copies received)
Attn: Don Kartzmark, Division Leader - Haskell Parking Solutions
111 Riverside Avenue
Jacksonville, FL 32202 Phases 1 & 2 Bid Amount: $9.675.000,00
Phone: 904-357-4882
Fax: 904-475-7628
Email: donald.kartzmark@thehaskellco.com
2,
Coastal Construction Company
Attn: Daniel E, Whiteman, President
5959 Blue Lagoon Drive, Suite 200
Miami, FL 33126
Phone: 305-559-4900
Fax: 305-553-3102
Email: www.coastalconstruction.com
(1 original and 1. copies received)
Phases 1 & 2 Bid Amount: $9.734.000,00
3, Pavarini South East Construction Co" Inc ( 1 original and 1. copies received)
Attn: Gary W. Glenewinkel, President
2400 East Commercial Boulevard, Ste 900 Phases 1 & 2 Bid Amount: $9.935.009,00
Fort Lauderdale, FL 33308
Phone: 954-903-3700
Fax: 954-903-3701
Email: www.pavarini.com
Submitted by:
&~~
Jane A Hines, CMC, City Clerk
MIAMI DAILY BUSINESS REVIEW
Published Daily except Saturday, Sunday and
Legal Holidays
Miami, Miami-Dade County, Florida
STATE OF FLORIDA
COUNTY OF MIAMI-DADE:
Before the undersigned authority personally appeared
V. PEREZ, who on oath says that he or she is the
LEGAL CLERK, Legal Notices of the Miami Daily Business
Review f/k/a Miami Review, a daily (except Saturday, Sunday
and Legal Holidays) newspaper,published at Miami in Miami-Dade
CCl'!"t'J. Florida; tl'11'.1 the atteched copy af.adverti"ement,
being a Legal Advertisement of Notice in the matter of
CITY OF SUNNY ISLES BEACH - SEALED BID
RFO NO. 09-03-01
in the XXXX Court,
was published in said newspaper in the issues of
03/09/2009
Affiant further says that the said Miami Daily Business
Review is a newspaper published at Miami in said Miami-Dade
County. Florida and that the said newspaper has
heretofore been continuously published in said Miami-Dade County,
Florida, each day (except Saturday, Sunday and Legal Holidays)
and has been entered as second class mail matter at the post
office in Miami in said Miami-Dade County, Florida, for a
period of one year next preceding the first publication of the
attached copy of advertisement; and affiant further says that he or
she has neither paid nor promised any person, firm or corporation
any discount, rebate, commission or refund for the purpose
of securing this advertisement for publication in the said
oew,:;;, i1
Swom to sod ,"bso'i~:;d
09 day of MARCH
,A.D. 2009
-~~~
(SEAL)
V. PEREZ personally known to me
^~~~~""V"'l. .
4>""'v ~I.i~ Notai)' PUb.,IiC t1t..1F. of FloMa
. ~lP '1~ Cheryl H M6fn1(;!'
~ c.:f'; My Comn~IMIO(1 DD793490. :l
"tOff\.o Exp,re&OtJ1812012 ~
PUBLIC NOTICE
NOTICE IS HEREBY GIVEN that the CITY OF SUNNY IShES BEACH
is seeking Submissions ("Submissions or Responses") detailing
qualifications to p~ovide construction services for the construction of the
Heritage Park and Parking Garage.
Interested firm/individuals ("Respondent(s) or Contractor(s)") may
pick-up a copy of the Request for Qualifications ("RFQ") to be issued on
Monday, March 9, 2009, at Sunny Isles Beach Government Center,
18070 Collins Avenue, City Clerk, Fourth Floor, Sunny Isles Beach,
Florida, 33160. The RFQ contains detailed and specific information
about the scope of services, Submission requirements and selection
procedures.
One (1) original, four (4) copies of the completed and executed,'
Submissions must be delivered to the following address no later than
Wednesday, AprilS, 2009, at 10:00 a.m.:
\
Sunny Isles Beach Government Center
18070 Collins Avenue, City Clerk
First Floor Meeting Room
Sunny Isles Beach, Florida, 33160
The City reserves the right to accept or not accept late submitted bids in;
the sole discretion of the City Manager or his designee. ,
I
The envelope containing the sealed Submission must be clearly marked
as follows:
"SEALED BID"
RFO # 09-03-01 PROFESSIONAL CONSTRUCTION SERVICES
FOR THE HERITAGE PARK AND PARKING GARAGE
OPENING DATE AND TIME: WEDNESDAY, APRIL 8, 2009, 10:00 A.M.
A mandatorY Pre-RFO Submission Conference is scheduled for
Monday, March 23, 2009, 2:00 p.m. at the Sunny Isles Beach
Government Center, 18070 Collins Avenue, First Floor Meeting
Room, Sunny Isles Beach, Florida. All contractors planning to submit
Submissions are required to attend this meeting. Contractors should
allow sufficient time to ensure arrival prior to the indicated time, those
arriving after the dis~ussion has begun will not be considered .to be injl
attendance. SubmiSSions from those who have failed to attend Will not be
accepted., .
The City is soliciting Professional Construction Services for the Heritage
Park and Parking Garage. This will include, but is not limited to, the
'followi"g tasks: Preliminary Layout of all work; Proposed schedule of'.
'work; Field Verifications; Traffic Flow and Parking Control and
'Management; Landscape and Park Coordination; and possible Public
Involvement. The City contemplates that the final product must be
'economically feasible, it must have community and business buy-in, and
it must be aesthetically pleasing. The estimated construction budget is
$12.5 Million Dollars. The expected completion time fOT the project is
March 31,2010.
Heritage Park Parking Garage:
The garage must accommodate at least 500 parking spaces meeting
minimum City Codes and four (4) levels of parking (including the ground
level). Parking will be allowed on the top (open) level. A driveway
entrance to the service road will be required. The structure's foot print.
should not exceed one acre and is anticipated to be approximately 125 .
feet by 350 feet.
Heritage Park Facilities:
The City has applied for a grant through Florida's Community Trust
(FCT). Successful contractor should demonstrate a successful track
record of having designed and developed outdoor recreation space or
similar facilities. Prior e)(perience working on projects with FCT
requirements is a plus. The expected Park amenities may include but are
not limited to: 2 Bocce Courts; Toddler Playground; 5-12 Playground;
Quarter Mile (minimum) Walking Path; 2 Picnic Pavilions; Picnic Tables;
Benches & Trash Receptacles; Potential Splash Pad Playground; Open
Play Area; Landscaping; Art Feature Area.
The RFQ package (without the Plans and Specifications) will be
available on Demand Star at www.demandstar.com.
Complete RFQ packages (Plans, Specifications and Bid
Documents) may be obtained at your expense from:
Miami T-Square
3824 SW 8th Street
Coral Gables, FL 33134
Phone: 305-446-8816
Fax: 305-445-3812
Email: coralaables@t-sauare.com
Job Name: Sunny Isles Beach Heritage Park and Parking Garage
All requests for printing of Plans, Specifications, and Bid
Documents are needed to be made via fax or emall to Miami
T-Square.
The City reserves the right to reject any or all submittals, with or without
cause, and to waive technical errors and informalities, and to accept the
submittal which best serves the interest of the City.
For further information, please contact Rick Conner, Acting City
tManager, at 305-792-1928.
Jane A. Hines, CMC, City Clerk
City of Sunny Isles Beach
3/9
09-B-248/1187398M
BROWARD DAILY BUSINESS REVIEW
Published Daily except Saturday, Sunday and
Legal Holidays
Ft. Lauderdale, Broward County, Florida
STATE OF FLORIDA
COUNTY OF BROWARD:
Before the undersigned authority personally appeared
W. CINTRON, who on oath says that he or she is the
AD~INISTRATIVE ASSISTANT, of the Broward Daily Business
Review f/k/a Broward Review, a newspaper
published at Fort Lauderdale, in Broward
c~unty, Florida; that the attached copy of advertisement,
being a Legal Advertisement of Notice in the matter of
PUBLIC NOTICE
CITY OF SUNNY ISLES BEACH
in the XXXX Court
was published in said newspaper in the issues of
03/11/2009
Affiant further says that the said Broward Daily Business
Review is a newspaper published at Fort Lauderdale, in said
Broward County, Florida and that the said newspaper has
her~tofore been continuously published in said Broward County,
FI~nd~ and has been entered as second class mail matter at the post
offl~e In Fort Lauderdale in said Broward County, Florida, for a
penod of one year next preceding the first publication of the
attached copy of advertisement; and affiant further says that he or
she h~s neither paid nor promised any person, firm or corporation
any discount, rebate, commission or refund for the purpose
of securing this advertisement for publication in the said
",wspap,~=c~
Sworn to and subscribed before me this
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(S AL)
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W. CINTRON personally known to me
R""'~1 p".<t-
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Notary Public State of Florida
Scherrie A Thomas
My Commission 00796946
Expires 0712712012
Management; Landscap~-and Pa~k
PUBUCNOTICE Coordination; and possible Public
NOTICE IS HEREBY GIVEN that Involvement. The City contem-
the CITY OF SUNNY ISLES plates that the fina~ pro~uct must be
BEACH is seeking submissions economically feasible, It must have
("submissions or Response.s") community and business buy-in,
detailing qualifications to provide and it must "be aesthetically pleas-
construction services for the con- ing. The estimated construction
struction of the Heritage Park and budget is $12.5 Million Dollars. The
parking Garage. expected completion time for the
Interested firm 1 individuals projectis March 31. 2010.
("ReSpondent(s) or Contractor(s)") Heritage Park Parking Garage: .
may pick-up a copy of the Requ~st The garage must accommod~te
for Qualifications ("RFQ") to be IS- at least 500 parking spaces meeting
sued on Monday, March 9, 2009, at minimum City Codes and four (4)
Sunny Isles Beach Govemment levels of parking (including the
Center, 18070 Collins Avenue, City ground level). Parking will be
Clerk. Fourth Floor, Sunny Isles allowed on the top (open) level. A
'Beach. Florida, 33160. The RFO driveway entrance to the service
contains detailed and specific infor- road will be required. The struc-
mation about the scope of services, ture's foot print should not exceed
submission requirements and se- one acre and is anticipated to be
lection procedures. approximately 125 feet by 350 feet.
One (1) original, four (4) copies of Heritage Park Facilities:
the completed and executed Sub- The City has applied for a grant
missions must be delivered to the through Florida's Community Trust
following address no later than (FCT). Successful contractor
Wednesday.. April 8. 2009, at 10:00 should demonstrate a successful
a.m.: track record of having designed and
Sunny Isles Beach developed outdoor recreation
Government Center space or similar faciliti~s. Pri.or
18070 Collins Avenue, experience working on projects With
City Clerk FCT requirements is a plus. The
First Floor Meeting Room expected Park amenities may in-
Sunny Isles Beach. ,I c1ude but are not limited to: 2 Bocce
Florida,33160 · Courts; Toddler Playground; 5-12
The City reserves the right to ,Playground; Quarter .Mi~e (mi~im-
accept or not accept late submitted ,um) Walking Path; 2 PICniC PaVIlion;
bids in the sole discretion of City picnic Tables; Benches & Trash
Manager or his designee. · Receptacles; potential Splash Pad
The envelope containing the Playground; Open Play Area; Land-
sealed submission must be clearly 'scaping; Art Feature Area.
marked as follows: II The RFQ package (without the
"SEALED BID' Plans and Specifications) will be
RFQ# 09-03-01 PROFES- I available on Demand Star at www.
SIONAL CONSTRUCTION demandstar.com.
SERVICES FOR THE HERI- .. complete RFQ packages (Plans
TAGE PARK AND PARKING and Specifications and Bid Docu-
GARAGE ments) may be obtained at your
OPENING DATE AND TIME: expense from:
WEDNESDAY, APRIL 8,2009, .MiamiT-Square
10:00 A.M. '3824 SW 8th Street
A mandatory Pre-RFQ Submis- Coral Gables, FL33134
sion Conference is scheduled for phone:305-446-88'16
Monday, March 23, 2009, 2:00 p.m. Fax: 305-445-3812
at the Sunny Isles Beach Govem- Email: coralaables@t-sauare.com
ment Center, 18070 Collins Ave- Job Name: Sunny Isles Beach
nue, First Floor Mee~ing Room, Heritage Park and Parking Garage
Sunny Isles Beach, Flonda. All co.n- All requests for printing of Plans.
tractors planning to submit Submls- Specifications, and Bid Documents
sions are required to attend the are needed to be made via fax or
meeting. Contractors should allow email to Miami T-Square.
sufficient time to ensure arrival p~or The City reserves the right to
to the indicated time, those arnvlng reject any or all submittals, with or
after the discussion has begun Will without cause, and to waive techni-
not be considered to be in atten- cal errors and informalities. and to
dance. submission from t~ose whOI accept the submittal which best
have failed to attend Will not bej served the interest of the City. -
accepted. For further information, please
I The City is soliciting Profession~1 contact Rick Conner, Acting City
Construction Services for the He~- Manager, at 305-792-1928.
tage Park and Parking Garage. ThiS Jane A. Hines, CMC, City Clerk
will include, but is not limited to, the City of Sunny Isles Beach
,following tasks: Preliminary Layout 3/11 09-4-198/1188564B
of all work; Proposed schedule for
work; Field Verifications; Trafficl
Flow and Parking ContrC2!., and
t
1
"
r
O\~
REQUEST FOR
QUALIFICATIONS
NO. 09-03-01
PROFESSIONAL CONSTRUCTION
SERVICES FOR THE HERITAGE
PARK AND PARKING GARAGE
CITY OF
SUNNY ISLES BEACH
MIAMI-DADE COUNTY, FLORIDA
TABLE OF CONTENTS
RFQ # 09-03-01
Pu b Ii c No ti ce """,..",.."""""""""".."""""""""..""",..""""""..",..,',..,""""""",.,""""""""""""'" "" 2
Secti 0 n 1,1 - In tro d u cti 0 n """""..,...."""""""".."""""""".."",..""""""".."",.,""",..,"""",..,""',..,,.., 4
Section 1,2 - Ba ckgro un d "".."""""""""""",.."",....""""",.."""""""""",""""""""""""""",....,""" 4
Section 1,3 - Project Description ,."""" """""".."""" ""."""""""", """"""""'" """"""""".., """"",,4
Section 1.4 - Submission Date and Pre-RFQ Submission Conference .............................................6
Section 1,5 -S ta temen t of Qualificatio ns""..,."",.."""" ,.."""",.."" "'" ".." """"""""""""""""""""" 6
Section 1.6 - Scope of Services and Construction Budget.................................................................. 7
Section 1,7- Submittal Requirements ................................................................................................,8
Section 1.8 - Additional Information or Clarification .......................................................................9
Section 1,9 - Award of Con tract ........................................................................, .................................. 9
Sectio n 1,10 - Con tract execution .........................................................., ........................................,...., 9
Section 1,11 - Unauthorized W ork..........................................................,............................................1 0
Sectio n 1,12 - Instru ctions ................................,.., ..................................,.., ........ ....,.. .............. ............,1 0
Section 1,13 - Changes/Alterations ......,......................................,....................,....,......,......................,1 0
Section 1,14 - Sub-con tracto rs ............ ............ ...................... ........................, .......... ............................,1 0
Section 1,15 - Discrepancies, Errors, and Omissions ........................................................................,11
Section 1,16 - Disqualifications ................,.....................,..........,..........................................................11
Section 1,17 - Submission Receipt........................................................................................................11
Section 1,18 - Capital Expenditures,..............................................................................,....................,11
Section 1,19 - Scope of Work for Construction ..............................................................................,..,12
Section 1,20 - Use of Premises .............................................................................................................,12
Section 1,21 - City's Occupancy Requirements......................,............,..............................,..............,12
Sectio n 1,22 - Work Restrictions .............. .................................., .......... ......................................,.. ......12
Section 1,23 - Reservation of Rights ...................................................................................................,12
Section 1,24 - Additional Information .................................................................................................13
Section 1,25 - Exhi bits ..""""""..,..",.."""""",..""",..,""""'"""",.."""", ",.""""""...."....""""""""",14
Pu b lic Entity Crime Affidavit ""..""",.."", ,.."""""""..""""""",..""",,' '" """."..""""""......"""""",,15
Non -C 0 II us iv e Affi d a vi t """""""""""""".."..""",.."""""""".."""""""""..,""""""""""""""""""" ,1 9
Agree m en t""..""""..""""""..,..",.."""""""",....""",.."""""""",""""""",..,..,""",.,""""',..,"""" ..",.,22
Schema tic design and artistic rendering """""""""""".., """'" """"""""" """'" """ """""""""""",4 9
1
PUBLIC NOTICE
NOTICE IS HEREBY GIVEN that the CITY OF SUNNY ISLES BEACH is seeking
Submissions ("Submissions or Responses") detailing qualifications to provide construction
services for the construction of the Heritage Park and Parking Garage.
Interested firm/individuals ("Respondent(s) or Contractor(s)") may pick-up a copy of the
Request for Qualifications ("RFQ") to be issued on Monday, March 9, 2009, at Sunny Isles
Beach Government Center, 18070 Collins Avenue, City Clerk, Fourth Floor, Sunny Isles Beach,
Florida, 33160. The RFQ contains detailed and specific information about the scope of services,
Submission requirements and selection procedures.
One (1) original, four (4) copies of the completed and executed Submissions must be delivered to
the following address no later than Wednesday, April 8, 2009, at 10:00 a,m,:
Sunny Isles Beach Government Center
18070 Collins Avenue, City Clerk
First Floor Meeting Room
Sunny Isles Beach, Florida, 33160
The City reserves the right to accept or not accept late submitted bids in the sole discretion of the
City Manager or his designee.
The envelope containing the sealed Submission must be clearly marked as follows:
"SEALED BID"
RFQ # 09-03-01 PROFESSIONAL CONSTRUCTION SERVICES FOR THE
HERITAGE PARK AND PARKING GARAGE
OPENING DATE AND TIME: WEDNESDAY, APRIL 8, 2009,10:00 A,M,
A mandatory Pre-RFQ Submission Conference is scheduled for Monday, March 23, 2009,
2:00 p,m, at the Sunny Isles Beach Government Center, 18070 Collins Avenue, First Floor
Meeting Room, Sunny Isles Beach, Florida. All contractors planning to submit Submissions
are required to attend this meeting. Contractors should allow sufficient time to ensure arrival
prior to the indicated time, those arriving after the discussion has begun will not be considered to
be in attendance. Submissions from those who have failed to attend will not be accepted.
The City is soliciting Professional Construction Services for the Heritage Park and Parking
Garage. This will include, but is not limited to, the following tasks: Preliminary Layout of all
work; Proposed schedule of work; Field Verifications; Traffic Flow and Parking Control and
Management; Landscape and Park Coordination; and possible Public Involvement. The City
contemplates that the final product must be economically feasible, it must have community and
business buy-in, and it must be aesthetically pleasing. The estimated construction budget is
$12.5 Million Dollars. The expected completion time for the project is March 31, 2010.
1
Heritage Park Parking Garage:
The garage must accommodate at least 500 parking spaces meeting minimum City Codes and
four (4) levels of parking (including the ground level). Parking will be allowed on the top (open)
level. A driveway entrance to the service road will be required. The structure's foot print should
not exceed one acre and is anticipated to be approximately 125 feet by 350 feet.
Heritage Park Facilities:
The City has applied for a grant through Florida's Community Trust (FCT). Successful
contractor should demonstrate a successful track record of having designed and developed
outdoor recreation space or similar facilities. Prior experience working on projects with FCT
requirements is a plus. The expected Park amenities may include but are not limited to: 2 Bocce
Courts; Toddler Playground; 5-12 Playground; Quarter Mile (minimum) Walking Path; 2 Picnic
Pavilions; Picnic Tables; Benches & Trash Receptacles; Potential Splash Pad Playground; Open
Play Area; Landscaping; Art Feature Area.
The RFQ package (without the Plans and Specifications) will be available on Demand Star at
www.demandstar.com.
Complete RFQ packages (Plans, Specifications and Bid Documents) may be obtained at
your expense from:
Miami T -S~uare
3824 SW 8t Street
Coral Gables, FL 33134
Phone: 305-446-8816
Fax: 305-445-3812
Email: coralgablescmt-sQuare.com
Job Name: Sunny Isles Beach Heritage Park and Parking Garage
All requests for printing of Plans, Specifications, and Bid Documents are needed to be
made via fax or email to Miami T -Square,
The City reserves the right to reject any or all submittals, with or without cause, and to waive
technical errors and informalities, and to accept the submittal which best serves the interest of the
City.
For further information, please contact Rick Conner, Acting City Manager, at 305-792-1928.
Jane A Hines, CMC, City Clerk
City of Sunny Isles Beach
CITY OF SUNNY ISLES BEACH, FLORIDA
REQUEST FOR QUALIFICATIONS NO, 09-03-01
CONSTRUCTION FOR
THE HERITAGE PARK & PARKING GARAGE
1,1 INTRODUCTION
Pursuant to Chapter 62 of the City Code, the City of Sunny Isles Beach, Florida, (the "City") a
municipality located in Miami-Dade County, Florida, requests qualified construction service
contractors ("contractors") to submit letters of interest and statements of qualifications and
experience, to act as the City's contractor. The City intends to pre-qualify up to three (3)
contractors and execute an agreement with the successful contractor for construction of the
Heritage Park and Parking Garage. The City will create a final list of three firms for this project,
unless the City agrees to consider more than three (3) firms.
1.2 BACKGROUND
The City of Sunny Isles Beach was officially incorporated in 1997 and adopted its own
Comprehensive Plan in 2000. At the time of incorporation, the City had no public parks. Since its
incorporation, the City has experienced dramatic growth and development, prompting the City to
create more open space in the City. The City has made it a priority to create more open/green
space. The City has already acquired more than 12 acres over the past two years, with five (5)
acres being acquired this past year alone for parks and open space. This past year, the City
Commission has sponsored an initiative to create a $50 million dollar fund to acquire land for
open/green space purposes.
The Heritage Park and Parking Garage is an integral part of the City's commitment to open/green
space. The City's Heritage Park was specifically identified as an important element in meeting the
City's park and open space needs. Heritage Park will be the first park created in the northern part
of the City. The City envisions that the park will be a focus point of recreational activities for
residents living in the area. The park shall also include a municipal garage that will be jointly used
by residents and a private hotel.
1,3 DESCRIPTION OF HERITAGE PARK AND PARKING GARAGE
This is an approximately 3.82 acre facility bounded by Collins Avenue on the east, Lehman
Causeway on the south, Gallahad-Dade Road (193rd) on the north, and the Ocean View residential
development on the west.
PARKING GARAGE:
The garage must accommodate at least five hundred (500) parking spaces meeting minimum City
Codes and four (4) levels of parking (including the ground level). Parking will be allowed on the
top (open) level. A driveway entrance from the service road commonly known as Gallahad Dade
Boulevard will be required. The structure's foot print should not exceed one (1) acre and is
4
anticipated to be approximately one hundred and twenty-five (125) feet by three hundred and fifty
(350) feet.
PARK FACILITIES:
Successful contractor should demonstrate a successful track record of having designed and
developed outdoor recreation space or similar facilities. The expected Park amenities may include
but are not limited to:
Bocce Courts (2)
Toddler Playground
5-12 Playground
Quarter Mile (minimum) Walking Path
Picnic Pavilions (2)
Picnic Tables
Benches & Trash Receptacles
Potential Splash Pad Playground
Open Play Area
Landscaping
Art Feature Area
The following is the park project summary verbiage that was submitted to the state in a grant
application. This is for informational purposes only because the summary may contain amenities
that are not in the plans and specifications.
PROJECT SUMMARY
Heritage Park will be located on State Road AlA (Collins Avenue) between NE
192nd Street and the William Lehman Causeway. The 3.55-acre site was purchased
by the City of Sunny Isles Beach in 2006 for nineteen million six hundred thousand
dollars of which 2.40 acres will be used for park land. (1.15 acres were cut-out for a
parking garage and driveway). Located across the street from the Atlantic Ocean,
Heritage Park is just a short walking distance from a public beach access area. The
objective of this project is to develop this prime piece of property into a public park
for all Sunny Isles Beach residents and visitors to enjoy rather than allow it to be
developed into a 16-story multi-family residential unit as it is currently zoned.
The project site is currently being used as a surface parking lot for the hotel across
the street as well as city employees. Along the perimeter of the property Brazilian
Peppers and Australian Pines are some exotic (invasive) vegetation that will be
removed prior to the new construction. The proposed park consists of a large open
space that will be used for both active and passive recreational activities. Park
amenities in this area include a 1;4 mile walking and jogging path, a covered and
accessible children's playground, two separate picnic pavilions, two (2) bocce ball
courts, and numerous park benches and associated site furnishings such as water
fountains, benches, picnic tables, trash receptacles, and bicycle racks. Additionally,
the eastern portion of the park will provide ample opportunities for the display of
public sculpture and other artworks.
5
Sound environmental planning and the use of coastally adapted vegetation types will
be a key component to Heritage Park. The intent is to create a balanced and
harmonious landscape that provides open and sunny areas, as well as ample shaded
areas, so that the park can be enjoyed year round by members of all age groups.
Native shade trees, flowering trees, and large shrub bed plantings will be utilized to
provide a beautiful and aesthetically pleasing landscape composition. Additionally,
clusters of palm groupings will highlight Heritage Park's location in South Florida's
unique sub- tropical environment.
Heritage Park will be a vital component to the City of Sunny Isles Beach. This
signature park will become the centerpiece of an urban renewal that enriches the
recreational experiences of both Sunny Isles Beach residents, as well as visitor's to
this wonderful community.
1.4
SUBMISSION DATE
CONFERENCE
AND
MANDATORY PRE-RFO
SUBMISSION
Submittals must be received by the City Clerk's Office no later than 10:00 a.m, Wednesday,
April 8, 2009, at the Sunny Isles Beach Government Center, Attn: City Clerk, First Floor
Conference Room, 18070 Collins Avenue, Sunny Isles Beach, FL 33160. One (1) original, and
four (4) copies of the completed and executed Submission must be delivered by this deadline.
Submittals will be opened publicly and read aloud at this time. The City reserves the right to
accept or not accept late submitted bids based on the sole discretion of the City Manager or his
designee.
The envelope containing the sealed Submission must be clearly marked as follows:
"SEALED BID"
RFQ # 09-03-01 PROFESSIONAL CONSTRUCTION SERVICES
FOR THE HERITAGE PARK AND PARKING GARAGE
OPENING DATE AND TIME: WEDNESDAY, APRIL 8, 2009,10:00 A,M,
A mandatory Pre-RFO Submission Conference is scheduled for 2:00 p,m" Monday, March
23, 2009, at the Sunny Isles Beach Government Center, 18070 Collins Avenue, First Floor
Conference Room, Sunny Isles Beach, Florida. All contractors planning to submit a
Submission are required to attend this meeting. Contractors should allow sufficient time to
ensure arrival prior to the indicated time, those arriving after the discussion has begun will
not be considered to be in attendance, Submittals from those who have failed to attend will not
be accepted.
1.5 STATEMENT OF OUALIFICATIONS
Statements of qualifications should be self-explanatory and presented in a manner to provide a
straightforward presentation of the firm's capabilities and qualifications. Elaborate brochures and
6
other promotional type materials are not desirable. The format shall address and respond to each
requirement of the RFQ as outlined below.
1) History of the Firm, including ownership and key management.
2) A summary of any company changes that are anticipated to occur during the Project.
3) Location of corporate headquarters and other divisional offices.
4) Location of office(s) that will be involved in this Project during pre-construction and
potential construction phase services.
5) Description of contractor's project team to include the name, responsibilities, and resumes
of key personnel that will be assigned to this Project.
6) Description of how contractor's team will be organized and assigned responsibility for this
Project.
7) Description of recent project experience, including projects of similar size, and client
references with contact information.
8) Evidence of capabilities for construction scheduling, material procurement, and assurance
that plans, specifications, and schedules are met.
9) A statement of experience summarizing projects constructed under a similar development
process and a summary of what the Firm can "bring to the table" for the benefit of the City
of Sunny Isles Beach.
10) A statement addressing the Firm's present and projected workload and how this Project
will be scheduled within that workload.
11) Third Party evidence that the Firm has the required license, insurance, and financial and
bonding capabilities necessary to fulfill their responsibilities for this Project. The City may
require supplementary evidence of financial stability prior to signing a contract for the
Project. Note the City is a public body subject to the State of Florida Public Records Law.
Information submitted as part of this RFQ may be subject to public release.
The contractor shall furnish such additional information as the City may reasonably require. This
includes information that indicates financial resources as well as the ability to provide and
maintain the requested services.
The contractor must have attended the mandatory pre-RFQ Submission Conference to be eligible
to be considered for this project. No exceptions will be made.
1,6 SCOPE OF SERVICES AND CONSTRUCTION BUDGET
The City is soliciting professional construction services for the construction of the Heritage Park
and Parking Garage per the plans and specifications prepared by Spillis-Candela-DMJM.
This will include, but is not limited to, the following tasks:
. Field verification surveying
. Possible geotechnical exploration, testing, and verification
. Utility location and planning
. Environmental considerations
. Traffic flow and required interim parking issues
. Landscape coordination and staging
7
. General construction work
. Possible preparation of complete as-built drawings
. Possible public involvement
The City contemplates the construction firm team to include (but not be limited to) the minimum
following disciplines.
. Structural Concrete Specialists
. Parking Facility Specialists
. Traffic Management Specialists
. Landscape Professionals
. Park Development Specialists
The intent is to have the contractors provide a viable holistic approach to the construction and
transition process. The final product must be economically feasible, it must have community and
business buy-in, and it must be aesthetically pleasing. The estimated construction budget is
$12,5 million dollars,
1,7 SUBMITT AL REQUIREMENTS
All submittals by contractors shall contain no more than fifteen (15) pages specifically addressing
the following issues. All other required documentation (except for 5 and 6 below) will not be
considered a part of the fifteen (15) pages. Any contractor wishing to provide the services
described in Section 1,6 above must submit one (1) original and four (4) additional complete
copies that include, at a minimum, the following documentation:
1. Name, address and company, including, but not limited to, a business overview, financial
state of the business, annual revenue for past two years, and names and addresses of
persons having financial interest in the firm.
2, A list of all projects (including government projects) completed or in process for the past
five (5) years, and a corresponding list of client references with contact names and
telephone numbers.
3, Proof of authorization to transact business in Florida from the Florida Secretary of State,
from the prime as well as supporting firms.
4, The name, title, qualifications, experience, and all contact information of the proposed
contact person.
5, A listing of the proposed personnel to be assigned to the City's various potential projects,
including their qualifications and experience.
6, Sworn statement pursuant to Section 287. 133(3)(A), Florida Statutes, on Public Entity
Crime, a copy of which is attached hereto.
8
7, Non-collusive Affidavit, a copy of which is attached hereto.
1.8 ADDITIONAL INFORMATION OR CLARIFICATION
Requests for additional information or clarifications must be made in writing and received by the
City Manger specified in the Public Notice section of this RFQ, in accordance with the deadline
for receipt of questions also specified in the Public Section of this RFQ. The request for additional
information and clarification must contain the RFQ number and title, contractor's name, name of
contractor's contact person, address, phone number, and facsimile number.
Electronic facsimile requesting additional information must be received by the City Manager for
this RFQ at the fax number (305) 792-1561. Facsimiles must have a cover sheet which includes, at
a minimum, the contractor's name, name of contractor's contact person, address, number of pages
transmitted, phone number, facsimile number, and RFQ number and title.
The City will issue responses to inquiries and any other corrections or amendments it deems
necessary in written addenda issued prior to the Submission deadline. Contractors should not rely
on any representations, statements or explanations other than those made in this RFQ or in any
written addendum to this RFQ. Where there appears to be conflict between the RFQ and any
addenda issued, the last addendum issued shall prevail.
1,9 SELECTION. AWARD. AND PROTEST PROCEDURES
The City will select the contractor the City determines to be the most qualified and responsive
contractor ("Successful Contractor") based on the City's evaluation of the Statement of
Qualifications in accordance with Section 1.19 of this RFQ and interviews, if conducted. The City
will act, at its sole discretion, in what it considers to be in the best interest of the City. The City
will evaluate the comparable experience, capability, project management, workload, financial
strength, and other factors the City deems pertinent and will select the firm that it deems to be most
qualified. The City will be the sole judge in determining the most qualified firm in accordance
with the criteria set forth in Section 62-8 of the City Code.
Any protests or objections to the City's Request for Qualifications, select of the Successful
Contractor, and/or Contractor award process must be submitted in writing in accordance with
Section 62-15 of the City Code.
If the City and Successful Contractor are unable to negotiate a mutually acceptable contract, the
City may terminate the contract negotiations and begin negotiations with the other qualified firms.
This process may continue until a contract has been executed or all Submissions have been
rejected. No contractor shall have any rights in the subject project or against the City arising from
such negotiations.
1,10 CONTRACT EXECUTION
A contract will be negotiated and executed between the Successful Contractor and the City in
substantially the same form as the attached Agreement. The successful operation of this contract
9
requires that the Successful Contractor and the City agree to act in good faith in all matters relating
to carrying out the project and the interpretation of the contract documents.
1,11 UNAUTHORIZED WORK
The Successful Contractor shall not begin work until a Notice to Proceed is received. The Notice
to Proceed shall specify the period of time allotted for the completion of the work.
1.12 INSTRUCTIONS
Careful attention must be given to all requested items contained in this RFQ. Contractors are
invited to submit Submissions in accordance with the requirements of this RFQ. PLEASE READ
THE ENTIRE SOLICIT AITON BEFORE SUBMITTING A SUBMITTAL. Contractors
shall make the necessary entry in all blanks provided for the responses.
The entire set of documents, together with all attachments hereto, constitutes the RFQ. The
contractor must return these documents with all information necessary for the City to properly
analyze contractor's response in total and in the same order in which it was issued. Contractor's
notes, exceptions, and comments may be rendered on an attachment, provided the same format of
this RFQ text is followed. All responses to this RFQ shall be returned in a sealed envelope or
package with the RFQ number and opening date clearly noted on the outside of the envelope.
Contractors must provide a response to each requirement of the RFQ. Responses should be
prepared in a concise manner with an emphasis on completeness and clarity.
1,13 CHANGES/ALTERATIONS
Contractor may change or withdraw a response at anytime prior to the submission deadline;
however, no oral modifications will be allowed. Written modifications shall not be allowed
following the submission deadline.
1.14 SUB-CONTRACTOR(S)
A Sub-Contractor is an individual or firm contracted by the contractor or contractor's firm to assist
in the performance of services required under this RFQ. A Sub-Contractor shall be paid through
the contractor or contractor's firm and shall not be paid directly by the City. Sub-Contractors are
allowed by the City in the performance of the services delineated within this RFQ. However, the
contractor must clearly reflect in its Submission that major Sub-Contractors to be utilized in the
performance of the required services. The City retains the right to accept or reject any Sub-
Contractors proposed in the response of Successful Contractor or at anytime prior to contract
execution.
Any and all liabilities regarding the use of a Sub-Contractor shall be borne solely by the Successful
Contractor and insurance for each Sub-Contractor must be maintained in good standing. Neither
Successful Contractor nor any of its Sub-Contractors are considered to be employees or agents of
10
the City. Failure to list all Sub-Contractor(s) and provide the required information may disqualify
any proposed Sub-Contractors from performing work under this RFQ.
Contractors shall include in their responses to this RFQ the requested Sub-Contractor information
and include all relevant information required of the contractor. In addition, within five (5) working
days after the identification of the award to the Successful Contractor, the Successful Contractor
shall provide a list confirming the Sub-Contractors that the Successful Contractor intends to utilize
in the contract, if applicable. The list shall include, at a minimum, the name, location of the place
of business of each Sub-Contractor, the services Sub-Contractor will provide relative to any
contract that may result from this RFQ, as well as any applicable licenses, references, ownership,
and other information required of Contractor.
1,15 DISCREPANCIES. ERRORS. AND OMISSIONS
Any discrepancies, errors, or ambiguities in the RFQ or addenda (if any) should be reported in
writing to the City Manager or his designee. Should it be necessary, a written addendum will be
incorporated to the RFQ. The City will NOT be responsible for any oral instructions,
clarifications, or other communications.
1.16 DISQUALIFICATION
The City reserves the right to disqualify responses before or after the submission deadline, upon
evidence of collusion with intent to defraud or other illegal practices on the part of the contractor.
The City also reserves the right to waive any immaterial defect or informality in any responses to
this RFQ; to reject any or all responses in whole or in part; or to reissue an RFQ for the services
described herein.
1.17 SUBMISSION RECEIPT
Sealed responses will be accepted in accordance with the instructions detailed on the cover of this
RFQ. The contractor shall file all documents necessary to support its response and shall include
them with its Submission. Contractor shall be responsible for the actual delivery of responses
during business hours to the exact address indicated in this RFQ. The City reserves the right to
accept or not accept late submitted bids in the sole discretion of the City Manager or his designee.
1.18 CAPIT AL EXPENDITURES
The Successful Contractor understands that any capital expenditures that the Successful Contractor
makes, in order to perform the services required in this RFQ, is a business risk which the
Successful Contractor may include in its proposed price. The City, however, is not and shall not
payor reimburse any capital expenditures or any other expenses, incurred by any Contractor, in
anticipation neither of a contract award nor to maintain the approved status of the Successful
Contractor if a contract is awarded.
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1,19 SCOPE OF WORK FOR CONSTRUCTION
The City is seeking one (1) experienced and licensed contractor to provide construction services
for the Heritage Park and Parking Garage. The City intends to pre-qualify up to three (3)
contractors and execute an agreement with the successful contractor for construction of the
Heritage Park and Parking Garage.
1,20 USE OF PREMISES
The Successful Contractor shall have use of the premises for construction operations, including the
use of the project site, during the construction period. However, the Successful Contractor's use of
premises is limited by the City's right to perform work or retain other contractors on portions of
the work. Deliveries shall be scheduled in a manner that will minimize the space and time
required for storage of materials and equipment on site. There shall be no closure of vehicular
lanes. The Successful Contractor and Successful Contractor's employees are prohibited from
parking on the project site without the advance, express written consent of the City.
1,21 CITY'S OCCUPANCY REQUIREMENTS
The City reserves the right to occupy and to place and install equipment in completed areas of the
project site, before Substantial Completion, provided such occupancy does not interfere with
completion of the Work. Such placement of equipment and partial occupancy shall not constitute
acceptance of the total Work. The City or its designee will prepare a Certificate of Substantial
Completion for each specific portion of the Work to be occupied before occupancy by the City.
Before partial occupancy, mechanical and electrical systems shall be fully operational and required
tests and inspections shall be successfully completed. On occupancy, the City will operate and
maintain mechanical and electrical systems servicing occupied portions of the building. On
occupancy, the City will assume responsibility for the maintenance and custodial service of the
occupied portions of the building.
1,22 WORK RESTRICTIONS
Work shall be performed at the project site during normal business working hours from 7 AM. to
5 P.M. Monday through Friday, and Saturday from 9 AM. to 5 P.M. except as otherwise approved
by the City.
1,23 RESERV ATION OF RIGHTS
While pursuing this RFQ process, the City reserves the right to:
. Accept any or all responses, and the right, in its sole discretion, to accept the contractor
who will best serve the interests of, and represent the best value to, the City in conformity
with the criteria set forth in Section 62-8 of the City Code.
. Reject any and all qualifications and to seek new qualifications when such a procedure is
reasonably in the best interest of the City.
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. Investigate the financial capability, integrity, experience, and quality of performance of
each contractor, including officers, principals, senior management, and supervisors, as well
as staff identified in the response to RFQ.
. Investigate the contractor's qualifications or any of its agents, as it deems appropriate
. Conduct personal interviews of any or all prospective contractors prior to selection (the
City shall not be liable for any costs incurred by the contractor in connection with such
interviews).
. Waive any of the conditions or criteria set forth in this RFQ.
. The City reserves the right on any advertised selection process to decide whether to select a
firm based on the Statement of Qualifications received or whether to hold interviews with
the firms the City deems best qualified for the Project.
1.24 ADDITIONAL INFORMATION
. The Submission must clearly be marked on the front of the envelope:
"SEALED BID"
RFQ # 09-03-01 PROFESSIONAL CONSTRUCTION SERVICES
FOR THE HERITAGE PARK AND PARKING GARAGE
OPENING DATE AND TIME: WEDNESDAY APRIL 8,2009, AT 10:00 A,M,
. Questions regarding this RFQ must be directed, no later than seven (7) calendar days
before the opening of the RFQ, to:
Rick Conner
Acting City Manager
City of Sunny Isles Beach
18070 Collins Avenue
Sunny Isles Beach, FL 33160
Telephone: (305) 792-1928
Email: rconner@sibfl.net
. Responses to this RFQ must be delivered by the stated deadline to:
Attn: Jane A Hines, CMC
City Clerk
Sunny Isles Beach Government Center
18070 Collins Avenue
First Floor Conference Room
Sunny Isles Beach, FL 33160
. The opening of the Submissions will be in the First Floor Conference Room, 18070 Collins
Avenue, Sunny Isles Beach, Florida 33160 at the stated time.
. Submissions will be opened publicly and read aloud at this time.
. The City is under no obligation to return the Submissions.
. The City will not be liable for any cost incurred in the preparation of the response to RFQ.
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. The Submissions shall be prima facie evidence that the contractor has full knowledge of the
scope, nature, quantity and quality of work to be performed; the detailed requirements of
the specifications; and the conditions under which the work is to be performed.
. The contractors shall furnish the City with such additional information as the City may
reasonably require.
. Under no circumstance should any prospective contractor or anyone acting on their behalf,
seek to influence or to gain the support of any member of the City Commission or City
Staff favorable to the interest of the prospective contractor. Likewise, contact with the City
Commission or City Staff against the interest of other prospective contractors is prohibited.
Any such activities may result in the exclusion of the prospective contractor from
consideration by the City.
1,25 EXHIBITS
The Exhibits to this RFQ are as follows:
Exhibit "A" Public Entity Crime Affidavit
Exhibit "B" Non-Collusive Affidavit
Exhibit "C" Agreement between the City and the successful contractor
Exhibit "D" Schematic design and artistic rendering of the Heritage Park and Parking Garage
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EXHIBIT "A"
15
SWORN STATEMENT PURSUANT TO SECTION 287,133(3)(a)
FLORIDA STATUTES, ON PUBLIC ENTITY CRIMES
THIS FORM MUST BE SIGNED AND SWORN TO IN THE PRESENCE OF A NOTARY
PUBLIC OR OTHER OFFICIAL AUTHORIZED TO ADMINISTER OATHS.
1. This sworn statement is submitted
to
by
for
whose business address is
and (if applicable) its Federal Employer Identification Number (FEIN)
(If the entity had no FEIN, include the Social Security Number of the individual signing this
sworn statement:
2. I understand that a "public entity crime" as defined in Paragraph 287. 133(1)(g), Florida
Statutes, means a violation of any state or federal law by a person with respect to and directly
related to the transaction of business with any public entity or with an agency or political
subdivision of any other state or of the United States, including, but not limited to, any bid or
contract for goods or services to be provided to any public entity or an agency or political
subdivision of any other state or of the United States and involving antitrust, fraud, theft,
bribery, collusion, racketeering, conspiracy, or material misrepresentation.
3. I understand that "convicted" or "conviction" as defined in Paragraph 287.133(1)(b), Florida
Statutes means a finding of guilt or a conviction of a public entity crime, with or without an
adjudication of guilt, in any federal or state trial court of record relating to charges brought by
indictment or information after July 1,1989, as a result of a jury verdict, nonjury trial, or entry
of a plea of guilty or nolo contenders.
4. I understand that an "affiliate" as defined in Paragraph 287 . 133(1)(a), Florida Statutes, means:
a. A predecessor or successor of a person convicted of a public entity crime; or
b. An entity under the control of any natural person who is active in the management of the
entity and who has been convicted of a public entity come. The term "affiliate" includes
those officers, directors, executives, partners, shareholders, employees, members, and
agents who are active in the management of an affiliate. The ownership by one person of
shares constituting a controlling interest in another person, or a pooling of equipment or
income among persons when not for fair market value under an arm's length agreement,
shall be a prima facie case that one person controls another person. A person who
knowingly enters into a joint venture with a person who has been convicted of a public
entity crime in Florida during the preceding 36 months shall be considered an affiliate.
16
1
5. I understand that a "person" as defined in Paragraph 287. 133(1)(e), Florida Statutes, means any
natural person or entity organized under the laws of any state or of the United States with the
legal power to enter into a binding contract and which bids or applies to bid on contracts for
the provision of goods or services let by a public entity, or which otherwise transacts or applies
to transact business with a public entity. The term "person" includes those officers, directors,
executives, partners, shareholders, employees, members, and agents who are active in
management of any entity.
6. Based on information and belief, the statement which I have marked below is true in a
relation to the entity submitting this sworn statement. (Please indicate which one (1) of the
following three (3) statements is applicable.)
_ (1) Neither the entity submitting this sworn statement, nor any of its officers, directors,
executives, partners, shareholders, employees, members, or agents who are active in the
management of the entity, or any affiliate of the entity has been charged with and convicted of a
public entity crime within the past 36 months.
_(2) The entity submitting this sworn statement, or one or more of its officers, directors,
executives, partners, shareholders, employees, members, or agents who are active in the
management of the entity, or any affiliate of the entity has been charged with and convicted of a
public entity crime within the past 36 months.
_(3) The entity submitting this sworn statement, or one or more of its officers, directors,
executives, partners, shareholders, employees, members, or agents who are active in the
management of the entity, or agents who are active in management of the entity, or any affiliate
of the entity has been charged with and convicted of a public entity crime within the past 36
months. However, there has been a subsequent proceeding before a Hearing Officers of the State
of Florida, Division of Administrative Hearings and the Final Order by the Hearing Officer
determined that it was not in the public interest to place the entity submitting this sworn
statement on the convicted vendor list. (Attached is a copy of the final order.)
I UNDERST AND THAT THE SUBMISSION OF THIS FORM TO THE CONTRACTING
OFFICER FOR THE PUBLIC ENTITY IDENTIFIED IN PARAGRAPH 1 (ONE) ABOVE IS
FOR THE PUBLIC ENTITY ONLY AND, THAT THIS FORM IS VALID THROUGH
DECEMBER 31 OF THE CALENDAR YEAR IN WHICH IT IS FILED AND FOR THE
PERIOD OF THE CONTRACT ENTERED INTO , WHICHEVER PERIOD IS LONGER. I
ALSO UNDERST AND THAT I AM REQUIRED TO INFORM THE PUBLIC ENTITY
PRIOR TO ENTERING INTO A CONTRACT IN EXCESS OF THE THRESHOLD AMOUNT
PROVIDED IN SECTION 287.017, FLORIDA STATUTES FOR THE CATEGORY TWO OF
ANY CHANGE IN THE INFORMATION CONTAINED IN THIS FORM.
SIGNATURE OF AFFIANT
(Printed or Typed Legal Name of Affiant)
17
State of Florida of County of Miami-Dade
Sworn to and subscribed before me this
day of
, 2009 by
Notary Seal:
Notary's Name Printed, Stamped or Typed
Personally Known:
or Produced Identification
Identification Produced
18
-
EXHIBIT "B"
19
..
NON-COLLUSIVE AFFIDA VIT
State of
Florida)
County of
Miami-Dade)
being first duly sworn, deposes
and says that:
(1) He/she is the (Owner, Partner, Officer, Representative or Agent) of the Bidder that has
submitted the attached Bid;
(2) He/she is fully informed respecting the preparation and contents of the attached Bid and
of all pertinent circumstances respecting such Bid;
(3) Such Bid is genuine and is not a collusive or sham Bid;
(4) Neither the said bidder nor any of its officers, partners, owners, agents, representatives,
employees or parties in interest, including this affiant, have in any way colluded, conspired,
connived or agreed, directly or indirectly, with any other Bidder, firm, or person to submit a
collusive or sham Bid in connection with the Work for which the attached Bid has been
submitted; or to refrain from bidding in connection with such Work; or have in any manner,
directly or indirectly, sought by agreement or collusion, or communication, or conference with
any Bidder, firm, or person to fix the price or prices in the attached Bid or of any other Bidder, or
to fix any overhead, profit, or cost elements of the Bid price or the Bid price of any other Bidder,
or to secure through any collusion, conspiracy, connivance, or unlawful agreement any
advantage against the City of Sunny Isles Beach, Florida, or any person interested in the
proposed Work;
(5) The price or prices quoted in the attached Bid are fair and proper and are not tainted by
any collusion, conspiracy, connivance, or unlawful agreement on the part of the Bidder or any
other of its agents, representatives, owners, employees or parties in interest, including this
Affiant.
SIGNATURE OF AFFIANT
(Printed or Typed Legal Name of Affiant)
20
State of Florida of County of Miami-Dade
Sworn to and subscribed before me this
day of
Notary Seal:
Notary's Name Printed, Stamped or Typed
Personally Known: _ or Produced Identification
Identification Produced
, 2009 by
21
EXHIBIT "c"
22
CONSTRUCTION SERVICE CONTRACT
Of S\.It<
THIS AGREEMENT is made and entered into this day _ of 2009 by and
between the City of Sunny Isles Beach (the "City") and a Florida Corporation (the
Contractor").
WITNESSETH:
WHEREAS, the City issued Request for Qualifications No. 09-03-01 ("RFQ") for Professional
Construction for the Heritage Park and Parking Garage (the "Project"), and Contractor was
selected as the lowest responsible, responsive bidder, whose bid best served the interest of
and represented the best value to the City in conformity with the criteria set forth in Section 62-8
of the City Code, to perform the professional construction services; and
WHEREAS, the Contractor represents to the City that it possesses the requisite qualifications,
expertise and licenses to perform the professional construction services; and
WHEREAS, the City Commission has determined that it is in the City's best interests to
enter into and approve this Agreement with the Contractor for the Project.
NOW THEREFORE, in consideration of the foregoing, and the mutual covenants
and compensation set forth herein, the City and Contractor agree as follows:
ARTICLE 1. DEFINITIONS
Agreement means this Agreement together with the Contract Documents.
Bond(s) means the Payment Bond and the Performance Bond issued by a surety or sureties in
accordance with the provisions of the Contract Documents.
Commencement Date means the date on which Contractor commences on-site construction
of the Project, but in no event later than five (5) days after the City's issuance of a Notice to
Proceed.
Contract Amount means the total sum of monies which has been agreed to between the
Contractor and the City as the total price for the construction of the Project and the performance of
all services under this Agreement.
Contract Documents means this Agreement, the Request for Qualifications, any Addenda to
the Request for Qualifications, the Successful Contractor's response to the Request for
Qualifications, the Bid Plans and Specifications prepared by Spillis-Candela-DMJM, as well as
the documents specifically identified in Article 14 below.
Contract Time means the time period defined in this Agreement for the Contractor to
complete the Work.
Contractor means the Successful Contractor selected by the City to provide all labor, materials,
equipment and services to complete the Work described in the Contract Documents.
Contractor Project Manager means the person designated by Contractor as its lead
representative to the City. The Contractor Project Manager shall have the authority to obligate
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and bind the Contractor and to act on all matters on behalf of Contractor except for revisions to
the Contract Documents and Change Orders.
Construction Change Directive means a written directive to effect changes to the Work,
prepared by and executed by the City.
Construction Schedule means a critical path schedule or other construction schedule, as
defined and required by this Agreement.
Construction Work means all Work required by this Agreement for the construction of the
Project. The Construction Work s also referred to herein as the "Work".
Cure means the action taken by the Contractor, promptly after receipt of written notice from the
City of a breach of the Agreement, which shall be performed at no cost to the City, to repair,
replace, correct, and/or remedy all material, equipment, or other elements of the Work or the
Agreement affected by such breach, or to otherwise make good and eliminate such breach,
including, without limitation, repairing, replacing or correcting any portion of the Work or the
Project site disturbed in performing such cure.
Cure Period means a period of thirty (30) days, after receipt of written notice to cure from the
City, in which the Contractor is required to cure deficiencies in the Work or compliance with
this Agreement or the Contract Documents.
Drawings means the graphic and pictorial portions of the Work, which serve to show the
design, location and dimensions of the Work to be performed, including, without limitation, all
notes, schedules and legends on such Drawings.
Field Directive means a written approval for the Contractor to proceed with Work requested by
the City, which is minor in nature and should not involve additional cost.
Final Completion means the date subsequent to the date of Substantial Completion at which
time the Contractor has completed all the Work in accordance with the Agreement as certified
by the City and submitted all documentation required by the Agreement. Final Completion shall
be evidenced by the City's issuance of a Final Certificate for Payment.
Insurance Requirements means the requirements described in this Agreement and the Contract
Documents.
Notice To Proceed means a written letter or directive issued by the City directing that the
Contractor may begin Work on the Project or a specific task of the Project.
Project Manager means an employee or representative of the City assigned to manage and
monitor the Work to be performed under this Agreement and the construction of the Project.
Project means the construction and incidentals thereto, of the project entitled RFQ 09-03-01
Professional Construction Services for the Heritage Park and Parking Garage, as described in the
Contract Documents.
Project Site means the area for the Heritage Park and Parking Garage, more fully described as
the three (3) acre facility bounded by Collins A venue on the east, Lehman Causeway on the
south, Gallahad-Dade Road (193rd) on the north, and the Ocean View residential development on
the west.
Punch List means a compilation of items of Construction Work required to be performed by, or
through the Contractor after the Substantial Completion inspection and prior to Final Completion
and payment.
Request For Information (RFI) means a request from the Contractor seeking an interpretation
or clarification by the City relative to the Agreement and/or the Contract Documents. The RFI,
which shall be clearly marked RFI, shall clearly and concisely set forth the issue(s) or item(s)
24
requiring clarification or interpretation and why the response is needed. The RFI must set forth
the Contractor's interpretation or understanding of the document(s) in question, along with
the reason for such understanding.
Schedule of Values means a written schedule setting forth the detailed and itemized cost
breakdown, inclusive of labor, material, and taxes of all elements comprising the Work.
Specifications and Plans as used herein means that portion of the Contract Documents
which are the written requirements for the materials, equipment, systems, standards and
workmanship for completion of the Work and performance of related services, as prepared by
Spillis-Candela DMJM for this Project.
Sub-Contractor(s) means a person or entity other than a materialman or laborer that has a
direct contract with the Contractor to perform or supply any portion of the Work.
Substantial Completion means that point at which the Work is at a level of completion in
substantial compliance with the Agreement such that the City can use, occupy and/or operate
the facility in all respects to its intended purpose. Substantial Completion shall be evidenced by
the City's execution of a Certificate of Substantial Completion.
Time for Completion means the date of Substantial Completion as specified in the Contract
Documents.
Work as used herein refers to all services required by the Contract Documents, including all
labor, materials, equipment, supervision and services needed to complete the Project in
accordance with the Contract Documents.
ARTICLE 1, SCOPE OF WORK
Contractor shall provide all labor, materials, equipment, tools, manpower, management,
supervision, and all other necessary goods and services to perform the Work in the manner
provided this Agreement and the Contract Documents.
ARTICLE 2, CONTRACT TIME. TIME FOR COMPLETION AND LIQUIDATED
DAMAGES
2,1 Time is of the essence in the performance of the Work under this Agreement. The
Commencement Date shall be no later than five (5) days after City's issuance of the Notice to
Proceed. Contractor shall perform the Work in accordance with the Construction Schedule and
shall achieve Substantial Completion of construction not later than the Time for Completion.
2,2 Contractor shall complete all applications for the Permits within ten (10) calendar
days after execution of this Agreement. A Notice to Proceed for the commencement of the Work
will not be issued until Contractor's submission to the City of all required documents, including,
but not limited to, the Bonds, the Insurance Certificate and the Permits. In the event Contractor
fails to deliver to the City the required documents within ten (10) days after the Execution Date,
or fails to apply for the Permits within ten (10) days after the Execution Date, or fails to
commence the Work within five (5) days after the City's Issuance of a Notice to Proceed, then
Contractor shall be in default. In such event the City, in addition to all remedies provided for an
event of Contractor's default hereunder, shall have the right to collect from Contractor all
expenses incurred by the City in the re-procurement of the Services.
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2,3 Time is of the essence throughout this Agreement.
2,4 Upon failure of Contractor to achieve Substantial Completion of the Work by the Time
for Completion, plus approved time extensions (if applicable), Contractor shall pay to the City
the sum of two thousand dollars ($2,000,00) for each calendar day after the Time for
Completion plus any approved time extensions (if applicable). These amounts are not
penalties but are liquidated damages to the City for its inability to obtain 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 the 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 Construction Work on time.
2,5 The City is authorized to deduct liquidated damages from monies due to Contractor for
Work under this Agreement or as much thereof as the City may, in its sole discretion, deem just
and reasonable.
2,6 Contractor will promptly perform its duties under the Contract Documents and will
give the Work as much priority as is necessary to cause the Work to be completed on a timely
basis in accordance with the Contract Documents. Time is of the essence of this Agreement.
All Work shall be performed strictly (not substantially) within the time limitations necessary to
meet all deadlines established in the Construction Schedule and the Contract Documents.
2,7 All dates and periods of time set forth in the Construction Schedule and the Contract
Documents, including those for the commencement, prosecution, Interim milestones,
milestones, and completion of the Work, and for the delivery and installation of materials and
equipment, were included because of their importance to the City.
2,8 Contractor acknowledges and recognizes that (i) the City is entitled to full and beneficial
occupancy and use of the completed Work following expiration of the Time for Completion,
and (ii) the City will schedule the opening of the Project based upon the Contractor's achieving
Substantial Completion of the Work on or before the Time for Completion.
2,9 Contractor agrees to the assessment of liquidated damages as provided in this Agreement.
2,10 Except for extensions approved in writing by the City, Excusable Delays, or as
otherwise specifically provided in this Agreement, the Contractor understands that the occurrence
of events of delay within the Contractor's control, shall not excuse the Contractor from its
obligation to achieve Substantial completion of the Work within the time stipulated in this
Agreement, and shall not entitle the Contractor to an adjustment of the Contract Amount. All
parties under the control or contract with the Contractor shall include, but are not limited to,
subcontractors, materialmen and/or laborers.
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ARTICLE 3, EXCUSABLE DELAY
The Time for Completion may be extended by reason of an Excusable Delay. An Excusable
Delay is delay caused by circumstances (i) beyond the control of Contractor, its Sub-
Contractors, suppliers and vendors and (ii) not caused by the negligence of Contractor, its Sub-
Contractors, suppliers and vendors. Where Contractor claims that it is entitled to an extension
because of an excusable delay, it shall furnish to the Project Manager all documentation
supporting its claim, including, details of the claim, a description of the work affected and the
actual costs resulting from the delay. Failure of Contractor to comply with this Article 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.
ARTICLE 4, NO DAMAGE FOR DELAY
In the event construction of the Project is delayed through no fault of Contractor or Owner, it is
agreed that Contractor's sole and exclusive remedy is a time extension of the Time for
Completion equal to each day the Work is so delayed. The City shall not be liable for any delay
damages or damages in any way attributable to performing work out of sequence, acceleration
claims, or other similar type claims, incurred by Contractor or any of its Sub-contractors, arising
out of or in any way associated with the performance of this Contract. In the event Contractor is
delayed in performance of the Work by act or omission of Owner, or Owner's Agents,
employees, consultants or Separate Contractor's, Contractor shall be entitled to an equitable
adjustment of the Time for Completion and Contractor's expenses associated with the delay.
ARTICLE 5, CONTRACT AMOUNT. PROGESS
PAYMENTS AND FINAL PAYMENT
5,1 The City shall pay to the Contractor, for the faithful performance of this
Contract, the Contract Amount in accordance with the provisions of Article 2 of this
Agreement. Payment shall be made pursuant to approved applications for payment approved
by the City. Payment shall be made within thirty (30) days after the City's receipt of
Contractor's Application for Payment, approved by the City, and accompanied by sufficient
supporting documentation, and containing sufficient detail, to allow a proper audit of
expenditures, should the City require one to be performed.
5,2 Contractor may make Application for Payment for Construction Work completed
during the Project at intervals of not more than once a month. Contractor's Application for
Payment shall include partial release(s) of liens or consent of Surety relative to the portion of the
Work, which is the subject of the Application for Payment and any other information
required by the City. Each Application for Payment shall be submitted in triplicate to the City
for approval.
5,3 Ten percent (10%) of all monies earned by Contractor shall be retained by the City
until Final Completion, receipt of closeout documents, and acceptance by the City except that
after fifty percent (50%) of the Work has been completed, the Contractor may request a
reduction in the retainage to five percent (5%) of all monies previously earned and all monies
27
earned thereafter. Any reduction in retain age shall be in accordance with Section 255.078 Florida
Statutes. Any interest earned on retainage shall accrue to the benefit of the City. All requests for
retainage reduction shall be in writing in a separate stand alone document.
5,4 The City may withhold, in whole or in part, payment to such extent as may be necessary to
protect itself from loss on account of:
5,4,1 Defective Construction Work not remedied.
5,4,2 Claims filed or reasonable evidence indicating probable filing of
claims by other parties against Contractor or the City because of
Contractor's performance.
5,4,3 Failure of Contractor to make payments properly to Sub-Contractors or
for material or labor.
5.4,4 Liquidated damages and costs incurred by the City for extended construction
administration.
5,4,5 Failure of Contractor to comply with other provisions of this Agreement.
5,5 Upon receipt of written notice from Contractor that the Work is ready for final
inspection and acceptance, the City or its designee shall, within ten (10) calendar days, make
an inspection thereof. If the City or its designee finds 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 for
Payment shall be issued by the City or its designee, stating that the requirements of the
Contract Documents have been performed and the Work is ready for acceptance under the
terms and conditions thereof.
5,6 Before issuance of the Final Certificate for Payment, Contractor shall deliver to the
City or its designee a complete release of all liens arising out of this Agreement, or receipts in
full in lieu thereof, an affidavit certifying that all suppliers and Sub-Contractors have been paid
in full and that all other indebtedness connected with the Construction Work has been paid, and a
consent of the surety to final payment; the final corrected As-Built Drawings; the Record
Set; and the final bill of materials, if required, and Application for Payment. Contractor
shall deliver the written Contractor's and all Manufacturers warranties prior to issuance of
the Final Certificate for Payment.
5,7 If, after the Construction Work has been substantially completed, full completion
thereof is materially delayed through no fault of Contractor, and the City or its designee so
certifies, the City shall, upon certificate of its designee, and without terminating the
Agreement, make payment of the balance due for that portion of the Construction 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.
5,8 Final payment shall be made only after the City or designee has reviewed a written
evaluation of the performance of Contractor prepared by the City or its designee, and approved
the final payment. The acceptance of final payment shall constitute a waiver of all claims by
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Contractor, except those previously made in strict accordance with the provIsIOns of the
Agreement and identified by Contractor as unsettled at the time of the application for final
payment.
ARTICLE 6, REQUESTS FOR INFORMATION (RFI)
The Contractor shall submit in writing a Request for Information (RPI) to the City or its
designee, where the Contractor believes that the specifications or drawings are unclear or
conflict. All requests must be submitted in a manner that clearly identifies the drawing
and/or specification section where clarification or interpretation is being requested.
ARTICLE 7, FIELD DIRECTIVES
The City or its designee may at times issue Field Directives to the Contractor based on visits
to the Project site. Such Field Directives shall be issued in writing and the Contractor shall be
required to comply with such directive. Where the Contractor believes that the directive Is
outside the scope of the Work, the Contractor shall, within 48 hours, notify the City or its
designee that the Field Directive is outside the scope of the Work. At that time the Field
Directive may be rescinded or the Contractor may be required to submit a request for a Change
Order proposal. Where the Contractor is notified of the position that the Field Directive is within
the scope and the Contractor disagrees, the Contractor shall notify the City or its designee
that the Contractor reserves the right to make a claim for the time and monies based on the
Field Directive. At no time shall the Contractor refuse to comply with the directive. Failure
to comply with the directive may result In a determination that the Contractor is in default of the
Agreement.
ARTICLE 8, CHANGE ORDERS
8,1 Changes in the quantity or character of the Construction Work of the Project which are not
properly the subject of Field Directives shall be authorized only by Change Orders approved in
advance and issued in accordance with the provisions of the City.
8.2 All changes to the Work or the construction Schedule must be pre-approved in writing by the
City in accordance with the value of the Change Order or the calculated value of the time
extension. All Change Orders, increasing the contract amount by $50,000.00 (fifty thousand
dollars) or more must be pre-approved in writing by the City.
8,3 In the event satisfactory adjustment cannot be reached for any item requiring a change in
the Contract Amount, the City reserves the right at its sole option to either terminate the
Agreement as it applies to the items in question and make such arrangements as may be deemed
necessary to complete the disputed work; or may submit the matter in dispute as set forth in the
dispute resolution procedures set forth in this Agreement.
8,4 On approval of any change increasing the Contract amount, Contractor shall ensure that the
Bonds are increased accordingly.
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ARTICLE 9, SCOPE OF WORK MODIFICATION PROCEDURES
9,1 OWNER INITIATED MODIFICATIONS
The City or its designee will issue a detailed description of proposed changes in the Work that
may require an adjustment(s) to the Contract Amount or Contract Time. If necessary, the
description will include supplemental or revised drawings and specifications. Subsequent to
notification of modifications in the Work by City or its designee, Contractor shall submit a
quotation estimating cost adjustments to the Contract Amount and/or the Contract Time
necessary to execute the change. Contractor shall include the following information when
responding:
. Include a list of quantities of products required or eliminated and unit costs, with total
amount of purchases and credits to be made. If requested, furnish survey data to
substantiate quantities.
. Indicate applicable taxes, delivery charges, equipment rental, and amounts of trade
discounts.
. Include costs of labor and supervision directly attributable to the change.
. Include an updated contractor's construction schedule that indicates the effect of the
change, including but not limited to, changes in activity duration, start and finish times,
and activity relationship. Use available total float, if any, before requesting an extension
of the Contract Time.
9,2 CONTRACTOR INITIATED MODIFICATIONS
If latent or unforeseen conditions require modifications in the contract, the Contractor may
propose changes by submitting a request for a change to the City or its designee. Contractor
shall use form AlA Document G709 for said modification requests. The following MUST be
submitted/included by Contractor:
. A statement outlining reasons for the change and the effect of the change on the Work.
Provide a complete description of the proposed change. Indicate the effect of the
proposed change on the Contract Amount and the Contract Time.
. A list of quantities of products required or eliminated and unit costs, with total amount of
purchases and credits to be made. If requested, furnish survey data to substantiate
quantities.
. Indicate applicable taxes, delivery charges, equipment rental, and amounts of trade
discounts.
. Cost of lqbor and supervision directly attributable to the change.
. Updated contractor's Construction Schedule that indicates the effect of the change,
including, but not limited to, changes in activity duration, start to finish times, and
activity relationship. Use available total float before requesting an extension of the
Contract Time.
. Comply with any applicable product requirements if the proposed change requires
substitution of one product or system for product or system specified.
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9,3 ALLOW ANCES
Allowance Adjustment, To adjust allowance amounts, Contractor shall base each Change
Order proposal on the difference between purchase amount and the allowance, multiplied by
final measurement of work-in-place. If applicable, Contractor shall also include reasonable
allowances for cutting losses, tolerances, mixing wastes, normal product imperfections, and
similar margins. Contractor also agrees to the following conditions:
. Include installation costs in purchase amount only where indicates as part of the
allowance.
. If requested, prepare explanation and documentation to substantiate distribution of
overhead costs and other margins claimed.
. Submit substantiation of a change in scope of work, if any, claimed in change orders
related to unit-cost allowances.
. The City reserves the right to establish the quantity of work-in-place by independent
quantity survey, measure, or count.
Contractor must submit claims for increased costs because of a change in scope or nature of the
allowance described in the contract documents, whether for the purchase order amount or
contractor's handling, labor, installation, overhead, and profit. Contractor shall submit claims
within fourteen (14) days of receipt of the change order or construction change directive
authorizing work to proceed. The City or its designee will reject claims submitted later than
fourteen (14) days after such authorization. Contractor also agrees to the following conditions:
. Do not include Contractor's or subcontractor's indirect expense in the change order cost
unless it is clearly shown that the nature or extent of work has changed from what could
have been foreseen from information in the contract documents.
. No change to Contractor's indirect expense is permitted for selection of higher or lower
priced materials or systems of the same scope and nature as originally indicated.
9,4 CHANGE ORDER PROCEDURES
On the City's approval of a proposal request, the City or its designee will issue a change order
for signatures of the City and the contractor on AlA Document G701.
9.5 CONSTRUCTION CHANGE DIRECTIVE
Construction Change Directive. The City or its designee may issue a construction change
directive on AlA Document G714. Construction change directive instructs Contractor to
proceed with a change in the Work, for subsequent inclusion in a change order. Construction
change directive contains a complete description of change in the Work. It also designates
method to be followed to determine change in the Contract Amount or the Contract Time.
Documentation. Contractor agrees to maintain detailed records on a time and material basis of
work required by the construction change directive. After completion of change directive,
Contractor shall submit an itemized account and supporting data necessary to substantiate cost
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and time adjustments to the contract.
ARTICLE 10, SUBSTANTIAL COMPLETION. PUNCH LIST & FINAL COMPLETION
10,1 The Work shall be substantially complete when the City or its designee, in the
reasonable exercise of their discretion, determines that the Work is complete, that there are no
material and/or substantial variations from the Agreement, and the Work is fit for its intended
purpose. Upon Substantial Completion, the City will prepare a Certificate of Substantial
Completion. The signing of this form shall not relieve the Contractor from its obligation to
complete the Project.
10,2 When the Contractor believes that the Construction Work is substantially complete, the
Contractor shall request in writing that the City or its designee inspect the Construction Work to
determine if Substantial Completion has been achieved. No request for Substantial Completion
inspection is to be submitted until the Contractor has obtained a Certificate(s) of Occupancy,
Certificate of Completion or a Temporary Certificate of Occupancy unless the failure to
obtain such certificate(s) is beyond the Contractor's control. The City of its designee shall
schedule the date and time for any inspection and notify the Contractor and any other parties
deemed necessary. During this inspection, the City or its designee and the Contractor shall sign a
Substantial Completion Inspection certificate, any remaining Work shall be identified on the
Punch list form, which work shall be known as Punch List work. The Punch List shall be
signed by the City or its designee and the Contractor to confirm that the Punch List contains the
item(s) necessary to complete the Construction Work. The failure or refusal of the Contractor to
sign the Substantial Completion Inspection form or the Punch List, or the failure to include any
items of corrective work on such Punch List, do not alter the responsibility of Contractor to
complete all of the Work in accordance with the Contract Documents.
10,3 Where the Punch List is limited to minor omissions and defects, the City or its
designee shall indicate that the Construction Work is substantially complete subject to
completion of the Punch List. Where the City or its designee determines that the Work is not
substantially complete, the City or its designee shall provide a list of all open items necessary
to achieve Substantial Completion. Upon completion of such Work, the Contractor shall
request another Substantial Completion inspection.
10.4 The City or its designee, and the Contractor shall agree on the time reasonably
required to complete all remaining Work included in the Punch List.
10,5 Upon the receipt of all documentation, resolution of any outstanding issues and
completion of the Punch List items, the City or its designee shall issue a Final Certificate for
Payment. Upon issuance of the final payment, the City or its designee shall notify the Contractor
in writing of the closeout of the Project.
10,6 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.
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ARTICLE 11, WARRANTY OF CONSTRUCTION
The Contractor shall warrant that the Work conforms to the Agreement and is free of any patent
and/or latent defect of the workmanship for a minimum period of one year from the date of Final
Completion. This warranty shall be in addition to whatever rights the City may have under law.
The Contractor's obligation under this warranty shall be at its own cost and expense, to
promptly repair or replace (including cost of removal and installation), that item (or part
or component thereof) which proves defective or fails to comply with the Agreement within the
warranty period such that it complies with the Agreement.
ARTICLE 12, AS-BUILT DRAWINGS
During the Construction Work, Contractor shall maintain records of all deviations from
the Drawings and Specifications as approved by the City or its designee and furnish such
information as is required for the City or its designee to prepare As-Built Record Drawings
showing correctly and accurately all changes and deviations made during construction to
reflect the work as it was actually constructed.
ARTICLE 13, CLEANING UP - THE CITY'S RIGHT 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 Construction Work, the City may do so and
the cost thereof shall be charged to Contractor. Cleaning operations should be controlled to
limit dust and other particles adhering to existing surfaces.
ARTICLE 14, REMOVAL OF EQUIPMENT
In case of termination of this Agreement before completion for any cause whatsoever,
Contractor, if notified to do so by the City or its designee, shall promptly remove any part or all
of Contractor's equipment and supplies from the property of the City. If the Contractor fails to
comply with the City's order, the City shall have the right to remove such equipment and
supplies at the expense of Contractor.
ARTICLE 15, CONTRACT DOCUMENTS
The Contract Documents shall consist of this Agreement, the Exhibits, the Request for
Qualifications No. 09-03-01, the Successful Contractor's Response to the Request for
Qualifications No. 09-03-01, the Bid Bond, the Payment and Performance Bond, the Drawings
and Specifications, Addenda to Request for Qualifications No. 09-03-0, Contractor's Schedule
of Value, approved written interpretations and clarifications, Field Directives, Construction
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Change Directives, any Change Orders issued thereto, and any modifications, duly issued after
execution of the Agreement. Any modification to this Agreement shall only be effective if it is
reduced to writing, and duly executed by both parties, except a Field Directive or Constructive
Change Directive shall be effective after approval and execution by the City. The general
intent of the Contract Documents is to include all items necessary for the proper execution
and completion of the Project by the Contractor.
ARTICLE 16, SITE INVESTIGATION AND REPRESENTATION
16.1 The Contractor acknowledges that it has satisfied itself as to the nature and location of
the Work, the general and local conditions, particularly those bearing upon availability of
transportation, disposal, handling and storage of materials, availability of labor, water, electric
power, and roads, the conformation and conditions at the ground and all other matters which
can in any way affect the Work or the Contract Amount.
16,2 The Contractor further acknowledges that it has satisfied itself as to the character,
quality, and quantity of surface and subsurface materials to be encountered from evaluating
information included in the Contract Documents. Any failure by the Contractor to acquaint itself
with all the provided information will not relieve Contractor from responsibility for properly
estimating the difficulty or cost thereof under the Contract Documents.
ARTICLE 17, OWNERSHIP AND USE OF DOCUMENTS
The Drawings, Specifications and other documents prepared by the City or its designee, and
copies thereof furnished to the Contractor, are for use solely with respect to this Agreement. They
are not to be used by the Contractor, Sub-Contractors, and/or material suppliers on other
projects, without the specific express written consent of the City. The Contractor, Sub-Contractors,
and/or material suppliers are granted only a limited license to use and reproduce applicable
portions of the Drawings, Specifications, and other documents prepared by the City or its designee,
appropriate to and for use in the execution of their Work under this Agreement.
ARTICLE 18, PLANS. SPECIFICATIONS AND WORKING DRAWINGS
18,1 The City or its designee shall have the right to modify the details of the Plans,
Specifications, and Working Drawings with additional plans, drawings or additional information
as the Work proceeds, all of which shall be considered as part of the Contract Documents.
18,2 Where the Contractor believes that the modification or supplement is outside the
Scope of the Work, the Contractor shall, within 72 hours, notify the City or its designee that
the modification or supplement is outside the scope of the Work. At that time the modification or
supplement may be rescinded or the Contractor may be required to submit a request for a
Change Order proposal. Where the Contractor is notified of the City's position that the
modification or supplement is within the scope and the Contractor disagrees, the Contractor
shall notify the City or its designee that the Contractor reserves the right to make a claim for
the time and monies based on the modification or supplement. At no time shall the Contractor
refuse to comply with the modification or supplement.
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18,3 When, in the opinion of the City or its designee, 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 the
City or its Designee. The supplementary drawings shall be binding upon Contractor with the same
force as the Contract Documents. Where such supplementary drawings require either less or more
than the original quantities of work, appropriate adjustments shall be made by Change Order.
18,4 The City or its designee, as applicable, shall have the right to approve and issue
Supplemental Instructions setting forth written orders, instructions, or interpretations concerning
the Contract Documents or its performance.
ARTICLE 19, CONTINUING THE WORK
Contractor shall carryon the Work and adhere to the progress schedule during all disputes or
disagreements with the City, including, without limitation, disputes or disagreements concerning a
request for a Change Order, the Contract Amount, the Contract Time, or Time for Completion.
The Work shall not be delayed or postponed pending resolution of any disputes or
disagreements. All disputes shall be resolved in accordance with Article 37 pertaining to
Mediation and Arbitration of Disputes.
ARTICLE 20, AUTHORITY OF THE CITY AND ITS DESIGNEE
20,1 The City or its designee shall determine or answer, all questions of any nature whatsoever
arising out of, under or in connection with, or in any way relating to or on account of the Work,
and/or as to the interpretation of the Work to be performed.
20,2 The Contractor shall be bound by all determinations or orders of the City or its
Designee and shall promptly respond to requests of the City or its Designee, including the
withdrawal or modification of any previous order, and regardless of whether the Contractor
agrees with the City's or its designee's determination or requests.
20,3 The City's designee shall have authority to act on behalf of the City to the extent
provided by the Agreement, unless otherwise modified in writing by the City. All instructions to
the Contractor shall be issued in writing. All instructions to the Contractor shall be issued
through the City or its designee.
20,4 The City or its designee shall have access to the Project Site during normal work
hours, unless access is required by the City due to health, safety or welfare of the City or the
public. The Contractor shall provide safe facilities for such access so the City or it designee may
perform their functions under the Agreement. The City or its designee will make periodic visits to
the Work Site to become generally familiar with the progress and quality of the Work, and to
determine if the Work is proceeding in accordance with the Contract Documents.
20,5 The City or its designee will not be responsible for construction means, methods,
techniques, sequences or procedures, or for safety precautions and programs in connection
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with the Work, and will not be responsible for the Contractor's failure to carry out the
Construction Work in accordance with the Agreement.
20,6 The City or its designee will have authority to reject Work that does not conform to
the Contract Documents requirements. Whenever, in his or her opinion, it is considered
necessary or advisable to ensure the proper implementation of the Contract Documents, the
City or its designee will have authority to require special inspections or testing of the
Construction Work, whether or not such Construction Work is fabricated, installed or completed.
Neither the City's and/or its designee's authority to act under this Article, nor any decision
made by himlher in good faith either to exercise or not to exercise such authority, shall give rise
to any duty or responsibility of the City or its designee to the Contractor, any Sub-Contractor,
supplier or any of their agents, employees, or any other person performing any of the Construction
Work.
20,7 The City or its designee will not be responsible for the acts or omissions of the
Contractor, or anyone employed or contracted directly or indirectly by the Contractor including
any Sub-Contractor, or any of their agents or employees, or any other persons performing any of
the Work.
ARTICLE 21, DEFECTIVE WORK
21,1 The City or its designee shall have the authority to reject or disapprove Work which is
found to be defective. If defective work is found, Contractor shall promptly either correct all
defective work or remove such defective Work and replace it with non-defective Work.
Contractor shall bear all direct and indirect costs of such removal or corrections including
cost of testing laboratories and personnel.
21,2 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 the City or its designee, the 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 the 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 Payment and Performance Bond. In the event of failure of Contractor to
make all necessary repairs promptly and fully, which is not cured in the Cure Period, the City may
declare Contractor in default.
21.3 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(s) of the Contract Documents, any of the
Construction Work is found to be defective or not in accordance with the Contract Documents,
Contractor, after receipt of written notice from the City or its designee, shall promptly correct such
defective or nonconforming Construction Work within the time specified by the City without cost to
the City. 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 any claim regarding latent defects.
21.4 Failure to reject any defective work or material shall not in any way prevent later
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rejection when such defect is discovered, or obligate the City to final acceptance.
ARTICLE 22, CORRECTION OF WORK
Where the City or its designee becomes aware of faults, defects or non-conformity in any of the
Work provided under this Agreement or with the Work being performed by the Contractor, the
City or its designee shall issue a Notice to Cure to the Contractor for correction. In no event shall
the failure of the City or its designee to bring to the attention of the Contractor of such faults act
as a waiver or release the Contractor from responsibility or liability for such fault, defect or non-
conforming Work.
ARTICLE 23, WARRANTY OF MATERIALS AND EQUIPMENT
23,1 Contractor warrants to the City that all materials and equipment furnished under this
Agreement 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
equipment and materials not conforming to these requirements, including substitutions not
properly approved and authorized, may be considered defective. If required by City or its
designee, Contractor shall furnish satisfactory evidence as to the kind and quality of materials
and equipment. This warranty is not limited by any other provisions within the Contract
Documents.
23,2 Contractor shall provide to the City or its designee all manufacturers' warranties. All
warranties, expressed and/or implied, shall be given to the City for all material and equipment
covered by this Agreement. All material and equipment furnished shall be fully guaranteed by
the Contractor against factory defects and workmanship. At no expense to the City, the
Contractor shall correct any and all apparent and latent defects that are required by Florida law.
The Contract Documents may supersede the manufacturer's standard warranty.
ARTICLE 24, CHANGES IN THE WORK OR TERMS OF CONTRACT DOCUMENTS
24,1 Without invalidating the Agreement and without notice to any Surety, the 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 issued in writing in accordance with the
requirements of this Agreement.
24,2 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 such change. This Article shall not prohibit the issuance of
Change Orders executed only by the City or its designee as hereinafter provided.
24,3 Contractor shall increase or decrease the value of the Performance and Payment Bonds
to reflect the Contract Amount, as it may be revised.
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ARTICLE 25, OSHA COMPLIANCE AND SAFETY PRECAUTIONS
25.1 The Contractor warrants that it will comply with all safety precautions as required by
federal, state or local laws, rules, regulations and ordinances
25,2 Contractor warrants that it will adhere to the applicable environmental protection
guidelines for the duration of the Project. If hazardous waste materials are used, detected or
generated at any time, the City or its designee must be immediately notified of each and every
occurrence. The Contractor shall comply with all codes, ordinances, rules, orders and other
legal requirements of public authorities (including, without limitation, OSHA, EP A, DERM,
the City of Sunny Isles Beach, Miami-Dade County, State of Florida, and Florida Building
Code) which bear on the performance of the Work.
25,3 If an emergency condition should develop during the Project, the Contractor must
immediately notify the City or its designee of each and every occurrence. The Contractor
should also recommend any appropriate course(s) of action to the City or its designee.
ARTICLE 26, PRIORITY OF PROVISIONS
26,1 If there is a conflict or inconsistency between any term, statement requirement, or
provision of any Exhibit or Attachment hereto, any document or events referred to herein, or any
document incorporated into this Agreement by reference and a term, statement, requirement, the
specifications and plans, or provision of this Agreement the following order of precedence shall
apply:
26,2 In the event of conflicts in the Contract Documents the priorities stated below shall
govern.
. Revisions to the Contract Documents shall govern over the Contract
Documents
. No section of the Scope of Work, specifications or plans shall govern over the
Contract Terms and Conditions
. Scope of Work and Specifications shall govern over plans and drawings
26,3 In the event of conflicts with the plans the priorities stated below shall govern:
. Schedules, when identified as such shall govern over all other portions of the
plans
. Specific notes shall govern over all other notes, and all other portions of
the plans, unless specifically stated otherwise
. Larger scale drawings shall govern over smaller scale drawings
. Figured or numerical dimensions shall govern over dimensions obtained
by scaling
. Where provisions of codes, manufacturer's specifications or industry
standards are in conflict, the more restrictive or higher quality shall govern
26.4 In the event omissions in the Contract Documents are not complete as to any
incidental detail of construction or construction system or with regard to the manner of
combining or installing equipment, parts, or materials, such detail shall be deemed to be an
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implied requirement of the Contract Documents. "Minor Detail" shall include the concept of
substantially identical components, where the price of each such component is small. The
quality and quantity of the equipment, material, or part so furnished shall conform to trade
standards and be compatible with the type, composition, strength, size and profile of the
equipment, materials or parts otherwise specified in the Contract Documents.
ARTICLE 27, NOTICES
Whenever either party desires to give written notice to the other, such must be addressed to the
party for whom it is intended at the place last specified; and the place for giving of notice shall
remain such until it shall have been changed by written notice given in accordance with the
provisions of this Article. Notice shall be deemed given on the date received or within 3 days of
mailing, if mailed through the United States Postal Service. Notice shall be deemed given on
the date sent via e-mail or facsimile. Notice shall be deemed given via courier/delivery service
upon the initial delivery date by the courier/delivery service. For the present, the parties
designate the following as the respective places for giving of notice:
To Contractor:
To City:
City Manager and City Attorney
City of Sunny Isles Beach
18070 Collins Avenue
Fourth Floor
Sunny Isles Beach, FL 33160
ARTICLE 28, INDEMNIFICATION
28,1 Contractor shall indemnify, defend and hold harmless the City, its officers, agents,
directors, and employees, from any and all claims, liabilities, damages, losses, and costs,
including, but not limited to reasonable attorney's fees, and costs to the extent caused by the
negligence, recklessness or intentional wrongful misconduct of Contractor and/or persons
employed or utilized by Contractor in the performance of this Agreement. Contractor's
obligations hereunder shall apply even if part of the damage or injury is caused by the City, its
officers, agents, directors, or employees. These indemnifications shall survive the term of this
Agreement. In the event that any action or proceeding is brought against the City by reason of
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any such claim or demand, Contractor shall, upon written notice from the City or its designee,
resist and defend such action or proceeding by counsel satisfactory to the City.
28,2 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 this Article, which may be brought against the
City whether performed by Contractor, or persons employed or utilized by Contractor.
28,3 This indemnity will survive the cancellation or expiration of this Agreement.
This indemnity will be interpreted under and construed to conform to the laws of the State of
Florida.
28,4 Contractor shall require all Sub-Contractor agreements to include a provision that they
will indemnify the City.
ARTICLE 29, INSURANCE REQUIREMENTS
29,1 Contractor shall not start Work under this Agreement until it has delivered to the City or
its designee certificates of insurance clearly indicating that the Contractor is in compliance with
the Insurance Requirements required under this Agreement.
29,2 Contractor shall maintain coverage with equal or better rating as required herein for
the term of this Agreement. Contractor shall provide written notice to the City Manager or its
designee of any material change, cancellation and/or notice of non-renewal of the insurance at
least 30 (thirty) days prior to the anticipated change or event. Contractor shall furnish a copy of
the insurance policy or policies upon request of the City or its designee.
29,3 Contractor shall furnish copies of insurance policies pertaining to this Agreement to
the City or its designee within ten (10) days of written request. 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.
29,4 The City or its designee reserves the right to require modifications, increases, or
changes in the Insurance Requirements, and shall provide a thirty (30) day written notice thereof
to the Contractor.
ARTICLE 30, PAYMENT AND PERFORMANCE BOND
30,1 Contractor shall not start Work under this Agreement until it has delivered to the City or
its designee a Performance Bond and a Payment Bond in accordance with the requirements
of this Agreement.
30.2 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) are recorded in the public
records of Miami-Dade County and provide the City or its designee with evidence of such
recording.
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ARTICLE 31. THE CITY'S RIGHT TO TERMINATE
31.1 The City has the right to terminate this Agreement for any reason or no reason, upon
thirty (30) days prior written notice to the Contractor stating the date upon which Contractor shall
cease all Work under this Agreement and vacate the Project Site. Upon termination of this
Agreement, all charts, sketches, studies, drawings, reports and other documents, including
electronic documents, related to Work authorized under this Agreement, whether finished or not,
must be turned over to the City. The Contractor shall be paid in accordance with provisions of
this Agreement, provided that said documentation is turned over to the City or its designee
within twenty (20) business days of termination. Failure to timely deliver the
documentation shall be cause to withhold any payments due without recourse by Contractor
until all documentation is delivered to the City. Addresses
31.2 If Contractor fails to comply with any term or condition of this Agreement, or fails
to perform any of its obligations hereunder, then Contractor shall be in default. Upon
the occurrence of a default which is not cured within the Cure Period, in addition to all remedies
available to it by law, the City or its designee may immediately, upon written notice to
Contractor, terminate this Agreement whereupon all payments, advances, or other compensation
paid by the City to Contractor while Contractor was in default shall be immediately returned to
the City. The City or its designee may also suspend any payment or part thereof or order a Work
stoppage until such time as the issues concerning compliance are resolved. Contractor
understands and agrees that termination of this Agreement under this Article shall not release
Contractor from any obligation accruing prior to the effective date of termination.
31,3 In the event of termination due to default, in addition to the foregoing Contractor shall be
liable for all costs and expenses incurred by the City in the re-procurement of the Work under
this Agreement. In the event of Default, the City or its designee may also issue a Notice to Cure
and suspend or withhold payments to Contractor until such time as the actions giving rise to
default have been cured.
31.4 A finding of default and subsequent termination for cause may include, without
limitation, any of the following:
31.4,1 Contractor fails to obtain and deliver to the City or its designee the
Insurance certificates, the Bonds, and the Permits in the manner and
within the time herein required.
31.4,2 Contractor fails to comply with any of its duties under this Agreement,
with any terms or conditions set forth in this Agreement beyond the
specified period allowed to cure such default.
31,4,3 Contractor fails to commence the Work within the timeframes provided or
contemplated herein, or fails to complete the Work in a timely manner as
required by this Agreement.
31.5 Except as otherwise provided for in this Agreement, the City or its designee shall
provide Written Notice to Cure to Contractor as to a finding of default, and Contractor shall
take all necessary action to Cure said default within the Cure Period. The City or its
designee may extend the Cure Period at its sole discretion or terminate the Agreement upon
failure of the Contractor to cure such default in the specified timeframe.
41
ARTICLE 32, CONTRACTOR'S RIGHT TO TERMINATE
32,1 Subject to the provisions of Section 32.2 below, the Contractor may terminate
this Agreement if the Work is stopped for any of the reasons listed below for a period of 60
days through no act or fault of the Contractor, his agents, employees, or other persons
performing any portion of the Work for the Contractor, or for the reason listed in section 32.1.3
below.
32,1,1 Issuance of an Order of the Court or other Public Authority having jurisdiction;
32,1.2 An act of government which results in a cession of Work on this Agreement;
32,1,3 Failure of the City to pay the Contractor any properly presented and authorized
payment within 30 days after approval and subsequent to an additional 30 days
after notification from the Contractor in writing of such failure.
32,2 Contractor shall provide written notice of its intent to terminate to the City and the City
shall have the right to cure the event giving rise to the right of termination within thirty (30) days
after receipt of Contractor's notice. The Contractor may extend the City's cure period at its sole
discretion or terminate the Agreement upon failure of the City to cure such event in the specified
timeframe. In such event the Contractor shall be entitled to recover from the City any costs for
work performed in accordance with the Agreement for which payment has not been made.
Contractor agrees that this is its exclusive remedy for the City's default or for the occurrence of
an event of termination and that the City shall not be liable to Contractor for any
consequential or special damages.
ARTICLE 33, UNDISCLOSED LOBBYIST OR AGENT - TERMINATION
Contractor warrants that it has not employed or retained any company or person to solicit or
secure this Agreement and that it has not paid or agreed to pay any person, company,
corporation, individual, or firm any fee, commission, percentage, gift, or other consideration
contingent upon or resulting from the award or making of this Agreement. The City or its
designee shall have the right to terminate this Agreement, without giving Contractor the
opportunity to Cure, in the event of a breach of this provision.
ARTICLE 34, PUBLIC ENTITY CRIMES
In accordance with the Public Entity 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 sub-consultant under a contract with the City, and may not transact any
business with the City in excess of certain amounts provided in Section 287.017, Florida
Statutes. Violation of this section by Contractor shall result in termination of this Agreement and
may result in Contractor's debarment.
42
ARTICLE 35, MATERIALITY AND WAIVER OF BREACH
35.1 The 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 Agreement.
35,2 The City's or its designee's failure to enforce any provision of this Agreement shall
not be deemed a waiver of such provision or modification of this Agreement. A waiver of
any breach of a provision of this Agreement shall not be deemed a waiver of any
subsequent breach and shall not be construed to be a modification of the terms of this
Agreement.
ARTICLE 36, FORCE MAJEURE
Should any party fail to perform its obligations under this Agreement due to a condition of force
majeure, as that term is interpreted under Florida law, and specifically including but not
limited to Acts of God, Hurricanes, Tropical Storms, fire, flood, earthquakes and the
unavailability of materials, equipment or labor resulting from said events, then the time for
performance of said obligation hereunder will be extended by a period reasonably commensurate
with the cause of such failure to perform or cure. If the Contractor is delayed in performing any
obligation under this Agreement due to a force majeure condition, the Contractor shall request a
time extension from the City within three (3) working days of said force majeure
occurrence. Any time extension shall be subject to mutual agreement and shall not be cause for
any claim by the Contractor for extra compensation unless additional services are required.
Events of Force Majeure Do Not Include acts or omissions of Sub- Contractors.
ARTICLE 37, MEDIATION AND ARBITRATION OF DISPUTES
The merits of any dispute arising under, out of, in connection with, or in relation to this
agreement, or the making or validity thereof, or its interpretation, or any breach thereof, shall be
determined and settled by Arbitration before an Arbitrator in the State of Florida, pursuant to
the Commercial Arbitration Rules then obtaining of the American Arbitration
Association. If the parties hereto are unable to agree upon the selection of an arbitrator,
such arbitration shall be held before the American Arbitration Association. Any award
rendered shall be final and conclusive upon the parties hereto and a judgment thereon may be
entered in the highest court of the State of Florida having jurisdiction.
Before submitting a dispute to Arbitration, the parties shall first attempt to resolve the dispute
amicably. In the event that the parties hereto are unable to resolve the dispute amicably, either
party may give notice for a Mediation session before a Mediator appointed by mutual
agreement (hereinafter the "Mediator"). If the parties are unable to agree upon the selection
of a mediator, such mediation shall be held before the American Arbitration Association. The
Mediator shall make a recommendation to the parties in the form of a written mediated
settlement agreement. Each party to the dispute shall sign such agreement after receipt of
the same or immediately file a demand for Arbitration, in which event the parties shall proceed
to Arbitration in accordance with the previous paragraph.
43
All costs of the Arbitration, including Mediation and the legal action to confirm and
enforce the arbitrator's award, as the case may be, including the reasonable legal fees of both
parties shall be paid by the non-prevailing party, or, if neither party prevails on the whole, each
party shall be responsible for a portion of the costs of Arbitration and Mediation as may be
determined by the court on confirmation.
ARTICLE 38, APPLICABLE LAW AND VENUE OF LITIGATION
This Agreement shall be interpreted and construed in accordance with and governed by the
laws of the State of Florida. Any suit or action brought by any party, concerning this Agreement,
or arising out of this Agreement, shall be brought in Miami-Dade County, Florida. Each
party shall bear its own attorney's fees except in actions arising out of Contractor's duties to
indemnify the City under this Agreement where Contractor shall pay the City's reasonable
attorney's fees.
ARTICLE 39. PERMITS AND LICENSES ("PERMITS")
Except as otherwise provided within the Agreement, 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 Agreement 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.
ARTICLE 40, AUDIT RIGHTS
40,1 Contractor's records which shall include but not be limited to accounting records,
payroll time sheets, cancelled payroll checks, W-2's, 1099's, written policies and procedures,
computer records, disks and software, videos, photographs, subcontract files, originals
estimates, estimating worksheets, correspondence, change order files (including documentation
covering negotiated settlements), and any other supporting evidence necessary to substantiate
charges related to this Agreement (all the foregoing hereinafter referred to as "records") shall
be open to inspection and subject to audit and/or reproduction, during normal working
hours, by the City's agent or its authorized representative to the extent necessary to
adequately permit evaluation and verification of any invoices, payments or claims submitted by
the Contractor or any of his payees pursuant to the execution of the Agreement. Such records
subject to examination shall also include, but not be limited to, those records necessary to
evaluate and verify direct and indirect costs (including overhead allocations) as they may apply
to costs associated with this Agreement.
40.2 Records subject to the provisions of Public Record Law, Florida Statutes Chapter
119, shall be kept in accordance with such statute. Otherwise, for the purpose of such
audits, inspections, examinations and evaluations, the City's agent or authorized representative
shall have access to said records from the effective date of this Agreement, for the duration
44
of the Work, and until 5 years after the date of final payment by the City to Contractor pursuant
to this Agreement.
40,3 The City's agent or its authorized representative shall have access to the Contractor's
facilities, shall have access to all necessary records, and shall be provided adequate and
appropriate work space, in order to conduct audits in compliance with this provision. The City
or its authorized representative shall give auditees reasonable advance notice of intended
audits.
40,4 If an audit inspection or examination in accordance with this Article
discloses overcharges in excess of 1 % except negotiated fees by the Contractor to the City, the
actual cost of the City's audit shall be paid by the Contractor. If the audit discloses contract
billing or charges to which Contractor is not contractually entitled, Contractor shall pay over to
the City said sum within 20 days of receipt of a written demand unless otherwise agreed to
by both parties in writing.
ARTICLE 41, COMPLIANCE WITH LAWS. NONDISCRIMINATION. EQUAL
EMPLOYMENT OPPORTUNITY, AND AMERICANS WITH DISABILITIES ACT
41.1 Contractor shall comply with all applicable laws, codes, ordinances, rules,
regulations and resolutions and all applicable guidelines and standards in performing
its duties, responsibilities, and obligations related to this Agreement, including specifically,
but without limitation, where applicable, the Contract Work Hours and Safety-Standards
Act, the Lead-Based Paint Poisoning Prevention Act and any other laws, ordinances and
regulations made applicable to this Agreement by the Contract Documents or the source of
funds.
41,2 Contractor warrants and represents that it does not and will not engage in discriminatory
practices and that there shall be no discrimination in connection with Contractors performance
under this Agreement on account of race, color, sex, religion, age, handicap, marital status or
national origin. Contractor further covenants that no otherwise qualified individual shall, solely
by reason of hislher race, color, sex, religion, age, handicap, marital status or national origin, be
excluded from participation in, be denied services, or be subject to discrimination under any
provision of this Agreement.
41,3 Contractor shall affirmatively comply with all applicable provisions of the Americans
with Disabilities Act (ADA) in the course of providing any services funded by the 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.
ARTICLE 42, INDEPENDENT CONTRACTOR
Contractor is an independent contractor under this Agreement. Services provided by Contractor
or on Contractor's behalf pursuant to this Agreement shall be subject to the supervision of
Contractor. In providing such services, neither Contractor nor its agents shall act as officers,
45
employees, or agents of the City. Contractor further understands that Florida Workers'
Compensation benefits available to employees of the City are not available to Contractor, and
agrees to provide workers' compensation insurance for any employee, or entity working for the
Contractor rendering services to the City under this Agreement. This Agreement shall not
constitute or make the parties a partnership or joint venture.
ARTICLE 43, SUCCESSORS AND ASSIGNS
43,1 The performance of this Agreement shall not be transferred, pledged, sold, delegated or
assigned, in whole or in part, by the Contractor without the express written consent of the City. It
is understood that a sale of the majority of the stock or partnership shares of the Contractor, a
merger or bulk sale, an assignment for the benefit of creditors shall each be deemed
transactions that would constitute an assignment or sale hereunder requiring prior City
approval.
43,2 The Contractor's services are unique in nature and any transference without City
approval shall be cause for the City to nullify this Agreement. Any assignment without the
City's consent shall be null and void. The Contractor shall have no recourse from such
cancellation. The City may require bonding, other security, certified financial statements and tax
returns from any proposed assignee and the execution of an assignment/assumption
agreement in a form satisfactory to the City Attorney as a condition precedent to considering
approval of an assignment.
ARTICLE 44, CONTINGENCY CLAUSE
Funding for this Agreement is contingent on the availability of funds and continued
authorization for program activities and the Agreement is subject to amendment or termination
due to lack of funds, reduction of funds and/or change in regulations, upon thirty (30) days
written notice.
ARTICLE 45, JOINT PREPARATION. INTERPRETATION
The language of this Agreement has been agreed to by both parties to express their mutual
intent and no rule of strict construction shall be applied against either party hereto. The
headings contained in this Agreement are for reference purposes only and shall not affect in any
way the meaning or interpretation of this Agreement. All personal pronouns used in this
Agreement shall include the other gender, and the singular shall include the plural, and vice
versa, unless the context otherwise requires. Terms such as "herein," "hereof," "hereunder,"
and "hereinafter" refer to this Agreement as a whole and not to any particular sentence, article,
paragraph, or section where they appear, unless the context otherwise requires. Whenever
reference is made to a Section or Article of this Agreement, such reference is to the Section or
Article as a whole, including all of the subsections of such Section or Article, unless the
reference is made to a particular subsection or subparagraph of such section or article.
46
ARTICLE 46, 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 Agreement and executed by the City and Contractor.
ARTICLE 47, SEVERABILITY
In the event the any provision of this Agreement is determined by a Court of competent
jurisdiction to be illegal or unenforceable, then such unenforceable or unlawful provision shall be
excised from this Agreement, and the remainder of this Agreement shall continue in full force
and effect. Notwithstanding the foregoing, if the result of the deletion of such provision will
materially and adversely affect the rights of either party, such party may elect, at its option, to
terminate this Agreement in its entirety. An election to terminate this Agreement based upon
this provision shall be made within seven (7) days after the finding by the court becomes final.
ARTICLE 48, ENTIRE AGREEMENT
This Agreement, as it may be amended from time to time, represents the entire and integrated
agreement between the City and the Contractor and supersedes all prior negotiations,
representations or agreements, written or oral. This Agreement may not be amended, changed,
modified, or otherwise altered in any respect, at any time after the execution hereof, except by a
written document executed with the same formality and equal dignity herewith. Waiver by either
party of a breach of any provision of this Agreement shall not be deemed to be a waiver of any
other breach of any provision of this Agreement.
(The remainder of this page has been intentionally left blank.)
47
WITNESSES:
CONTRACTOR
Signature
Print Name
BY:
Name & Title
WITNESSES:
Signature
Print Name
ATTEST:
CITY OF SUNNY ISLES BEACH
BY:
Jane A Hines, CMC, City Clerk
BY:
Norman S. Edelcup, Mayor
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY
BY:
Hans Ottinot, City Attorney
48
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EXHIBIT "D"
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Request for Clarification NO.1
CITY OF SUNNY ISLES BEACH
Professional Construction Services for the
Heritage Park and Parking Garage
CITY RFQ NO. 09-03-01
To All Bidders:
Bidders for the above-referenced project shall take note of the following changes,
additions, deletions, clarifications, etc. to the Plans and Specifications, which in
accordance with the Contract Documents shall become a part of and have precedence
over anything shown or described otherwise.
~ Request for clarification from Current Builders:
1. We would like confirmation that this is a two part process; that the RFQ is
submitted first and the pricing is submitted after the bidders have been
shortlisted. Please advise.
You are absolutely correct. This is a two part process. For now, all we are
asking for is qualifications. Pricing will follow later.
END OF SECTION
Request for Clarification NO.2
CITY OF SUNNY ISLES BEACH
Professional Construction Services for the
Heritage Park and Parking Garage
CITY RFQ NO. 09-03-01
To All Bidders:
Bidders for the above-referenced project shall take note of the following changes,
additions, deletions, clarifications, etc. to the Plans and Specifications, which in
accordance with the Contract Documents shall become a part of and have precedence
over anything shown or described otherwise.
~ Request for clarification from the Weitz Company:
1. Section 1.7 indicates a fifteen (15) page requirement for the submission.
Please confirm that items 1-11 on page 7 and items 1-4 and 7 are considered
to be part of the fifteen (15) pages.
Yes. They are part of the 15 page submission.
END OF SECTION
Request for Clarification NO.3
CITY OF SUNNY ISLES BEACH
Professional Construction Services for the
Heritage Park and Parking Garage
CITY RFQ NO. 09-03-01
To All Bidders:
Bidders for the above-referenced project shall take note of the following changes,
additions, deletions, clarifications, etc. to the Plans and Specifications, which in
accordance with the Contract Documents shall become a part of and have precedence
over anything shown or described otherwise.
~ Request for clarification from W.G. Wills, Inc.:
1. Are the 15 pages single or double-sided?
Single -sided.
2. Does the 15 page limit include covers?
Yes.
3. Does the 15 page limit include the letter of interest?
Yes.
END OF SECTION
Request for Clarification NO.4
CITY OF SUNNY ISLES BEACH
Professional Construction Services for the
Heritage Park and Parking Garage
CITY RFQ NO. 09-03-01
To All Bidders:
Bidders for the above-referenced project shall take note of the following changes,
additions, deletions, clarifications, etc. to the Plans and Specifications, which in
accordance with the Contract Documents shall become a part of and have precedence
over anything shown or described otherwise.
~ Request for clarification from DoolevMack Constructors of South Florida. LLC.:
1. Are the Public Entity Crime Affidavit and the Non-Collusion Affidavit part of the
15-page requirement, or can they be noted as "Additional Forms Required."
They are not part of the fifteen pages.
2. Also, are tabs and/or table of contents part of the 15-page requirement.
They are part of the fifteen pages.
END OF SECTION
Request for Clarification NO.5
CITY OF SUNNY ISLES BEACH
Professional Construction Services for the
Heritage Park and Parking Garage
CITY RFQ NO. 09-03-01
To All Bidders:
Bidders for the above-referenced project shall take note of the following changes,
additions, deletions, clarifications, etc. to the Plans and Specifications, which in
accordance with the Contract Documents shall become a part of and have precedence
over anything shown or described otherwise.
~ Clarification from the City of Sunny Isles Beach:
1. The parking garage structure will be five (5) stories high with roof top parking.
END OF SECTION
I
I
I
I
I
I
Request for Clarification No.9
CITY OF SUNNY ISLES BEACH
Professional Construction Services for the
Heritage Park and Parking Garage
CITY RFQ NO. 09-03-01
To All Bidders:
Bidders for the above-referenced project shall take note of the following changes,
additions, deletions, clarifications, etc. to the Plans and Specifications, which in
accordance with the Contract Documents shall become a part of and have precedence
over anything shown or described otherwise.
~ Request for Clarification from HASKELL:
1. Are we required to use the bid form in the Project Manual? NO
2. Do you require a bid bond? NO
END OF SECTION
Page 1 of2
Jane Hines
From: Jane Hines
Sent: Thursday, May 07, 20099:24 AM
To: Shaun Gelvez
Cc: Rick Conner; Mauricio Betancur
Subject: FW: Heritage Park and Parking Garage Questions
Attachments: Request for Clarification No. 9.doc
Good Morning Shaun:
Attached is Clarification NO.9 to RFQ 09-03-01, Professional Construction Services for the Heritage Park and
Parking Garage. As Mauricio is on vacation, would you please post it to DemandStar.
Thank you.
Jane A. Hines, CMC
City Clerk
City of Sunny Isles Beach
18070 Collins Avenue
Sunny Isles Beach, Florida 33160
Phone: 305-792-1703 Fax: 305-792-1563 wW,..,,-,sibfl.n~t
PLEASE NOTE: FLORIDA HAS A VERY BROAD PUBLIC RECORDS LAW. MOST WRITTEN
COMMUNICATIONS TO OR FROM CITY OFFICIALS REGARDING CITY BUSINESS ARE PUBLIC RECORDS
AVAILABLE TO THE PUBLIC AND MEDIA UPON REQUEST. YOUR E-MAIL COMMUNICATIONS MAY
THEREFORE BE SUBJECT TO PUBLIC DISCLOSURE.
From: Rick Conner
Sent: Wednesday, May 06, 20095:12 PM
To: Jane Hines
Cc: Reed, James D.; 'Kartzmark, Donald'
Subject: RE: Heritage Park and Parking Garage Questions
Jane:
Please post on DemandStar,
Thanks,
7(-ick
From: Kartzmark, Donald [mailto:Donald,Kartzmark@haskell,com]
Sent: Wednesday, May 06, 20094:00 PM
To: Rick Conner
Cc: Reed, James D.
5/7 /2009
Page 2 of2
subject: Heritage Park and Parking Garage Questions
Hi Rick:
It was nice to meet you on Monday.
I have a couple of questions regarding our proposal:
1. Are we required to use the bid form in the Project Manual? NO
2. Do you require a bid bond? NO
Thanks,
Don Kartzmark
Division Leader - Parking Solutions
HASKELL
(904) 357-4882
.!; Please consider the environment before printing this email.
5/7 /2009
Addendum No.1
CITY OF SUNNY ISLES BEACH
Professional Construction Services for the
Heritage Park and Parking Garage
CITY RFQ NO. 09-03-01
To All Bidders:
Bidders for the above-referenced project shall take note of the following changes,
additions, deletions, clarifications, etc. to the Plans and Specifications, which in
accordance with the Contract Documents shall become a part of and have precedence
over anything shown or described otherwise.
END OF SECTION
I~ PAVARINI ~
~ CONSTRUCTION COMPANY
Request for Information 001
ij
Heritage Park & Parking Garage
A 1 A & 192nd Street
Sunny Isles Beach, FL. 33160
Project # 60040764
Tel: 305-792-1928
'~~:;I.;_11I1
.F.lr:1l~rno:;:;li~:
City of Sunny Isles Mr. Rick Conner
Engineering & Public Works Director
18070 Collins Avenue
Sunny Isles Beach, FI33160
Pavarini South East John Lunsford
2400 E Commercial Blvd., Suite 900
Fort Lauderdale, FL 33308
Clarification
Site Furniture
Listed on Sheet LF-101 is item # F-1 0 located on the upper left hand side of the sheet near the Playground Equipment.
However, it is not listed/described on the Furniture Schedule.
5/13/09
Furniture Schedule was cut off by drawing window. See attached drawing 090513_HP_RFI-001-002_Response_Furniture
Schedule.pdf for #F-10 schedule.
Prolog Manager
Construction
Addendum No.2
CITY OF SUNNY ISLES BEACH
Professional Construction Services for the
Heritage Park and Parking Garage
CITY RFQ NO. 09-03-01
To All Bidders:
Bidders for the above-referenced project shall take note of the following changes,
additions, deletions, clarifications, etc. to the Plans and Specifications, which in
accordance with the Contract Documents shall become a part of and have precedence
over anything shown or described otherwise.
END OF SECTION
Addendum NO.1
CITY OF SUNNY ISLES BEACH
Professional Construction Services for the
Heritage Park and Parking Garage
CITY RFQ NO. 09-03-01
To All Bidders:
Bidders for the above-referenced project shall take note of the following changes,
additions, deletions, clarifications, etc. to the Plans and Specifications, which in
accordance with the Contract Documents shall become a part of and have precedence
over anything shown or described otherwise.
END OF SECTION
~ PAVARINIII
~ CONSTRUCTION COMPANY
Request for Information 001
~
Heritage Park & Parking Garage
A 1 A & 192nd Street
Sunny Isles Beach, FL. 33160
Project # 60040764
Tel: 305-792-1928
=~~i_IIli
1m r:1l1ffiF.t f:Ti ...1i Ii .,...llllg
City of Sunny Isles Mr. Rick Conner
Engineering & Public Works Director
18070 Collins Avenue
Sunny Isles Beach, FI 33160
Pavarini South East John Lunsford
2400 E Commercial Blvd., Suite 900
Fort Lauderdale, FL 33308
Clarification
Site Furniture
Listed on Sheet LF-101 is item # F-1 0 located on the upper left hand side of the sheet near the Playground Equipment.
However, it is not listed/described on the Furniture Schedule.
5/13/09
Furniture Schedule was cut off by drawing window. See attached drawing 090513_HP_RFI-001-002_Response_Furniture
Schedule.pdf for #F-10 schedule.
Prolog Manager
Construction
Addendum NO.2
CITY OF SUNNY ISLES BEACH
Professional Construction Services for the
Heritage Park and Parking Garage
CITY RFQ NO. 09-03-01
To All Bidders:
Bidders for the above-referenced project shall take note of the following changes,
additions, deletions, clarifications, etc. to the Plans and Specifications, which in
accordance with the Contract Documents shall become a part of and have precedence
over anything shown or described otherwise.
END OF SECTION
I~ PAVARINI ~
~. CONSTRUCTION COMPANY
Request for Information 002
II
Heritage Park & Parking Garage
A 1 A & 192nd Street
Sunny Isles Beach, FL. 33160
Project # 60040764
Tel: 305-792-1928
:11I1 lL
RFI #: 002 Date Created: 5/11/2009
~ "I! WA~~~.~~.. 111 ..n
_A. .J1WiWWlllIIIIIP
City of Sunny Isles Mr. Rick Conner
Engineering & Public Works Director
18070 Collins Avenue
Sunny Isles Beach, FI 33160
Pavarini South East John Lunsford
2400 E Commercial Blvd., Suite 900
Fort Lauderdale, FL 33308
Clarification
Site Furniture
F-12 is listed as the Net Structure for the Boat on the Furniture Schedule. However, it is called out on the bottom right
hand side of the sheet near a plant bed as well.
Could the item called for be an additional Trash Receptacle?
5/13/09
Item was incorrectly keyed. Item should be keyed as F-4: Trash Receptacle.
Prolog Manager
Construction
Addendum NO.3
CITY OF SUNNY ISLES BEACH
Professional Construction Services for the
Heritage Park and Parking Garage
CITY RFQ NO. 09-03-01
To All Bidders:
Bidders for the above-referenced project shall take note of the following changes,
additions, deletions, clarifications, etc. to the Plans and Specifications, which in
accordance with the Contract Documents shall become a part of and have precedence
over anything shown or described otherwise.
END OF SECTION
~
Request for Information 003
~
Heritage Park & Parking Garage
A 1A & 192nd Street
Sunny Isles Beach, FL. 33160
Project # 60040764
Tel: 305-792-1928
RFI #: 003 Date Created: 5/11/2009
lIiml
_ 111~LillI!:!!!'i[!.ulJl ~ iAJ
IIl~ ....~@_ _.~lL~~~ ~~_~~.~. L_::M
IUl
[~}@@@
City of Sunny Isles
Engineering & Public Works Director
18070 Collins Avenue
Sunny Isles Beach, FI 33160
Mr. Rick Conner Pavarini South East John Lunsford
2400 E Commercial Blvd., Suite 900
Fort Lauderdale, FL 33308
Clarification
Equipment Parking Equipment
1 - Sheet A2.2.02 indicates on at the intersection of column lines F and 6, note for a Card Reader. However, there does not appear to be
a definitive location and the proposed location of the card reader appears to be on the wrong side of the aisle between two parking
spaces. Please advise.
There are no card readers, the note on sheet A2202 is a mistake
on the drawing and should be deleted.
5-15-09
Prolog Manager
Construction
,
,
Addendum NO.4
CITY OF SUNNY ISLES BEACH
Professional Construction Services for the
Heritage Park and Parking Garage
CITY RFQ NO. 09-03-01
To All Bidders:
Bidders for the above-referenced project shall take note of the following changes,
additions, deletions, clarifications, etc. to the Plans and Specifications, which in
accordance with the Contract Documents shall become a part of and have precedence
over anything shown or described otherwise.
END OF SECTION
I
,
~
Request for Information 004
~
Heritage Park & Parking Garage
A 1 A & 192nd Street
Sunny Isles Beach, FL. 33160
Project # 60040764
Tel: 305-792-1928
~~~~~i_III~
I I
City of Sunny Isles Mr. Rick Conner
Engineering & Public Works Director
18070 Collins Avenue
Sunny Isles Beach, FI 33160
1m r:1l1ffiF.t ~ -.1i ICJr~lllI:J
Pavarini South East John Lunsford
2400 E Commercial Blvd., Suite 900
Fort Lauderdale, FL 33308
Clarification
Well Driller
Storm Water Drainage Wells
The DEP is requesting a Report complied by a Florida registered Geologist or Engineer (PG or PE) for all Class V storm
water Drainage well permitting. The report summarizes the site geologic conditions, determines the fresh water/salt water
interface and gives the DEP a recommended casing depth. This report is referred to as "Reasonable Assurance Report".
Has the City of Sunny Isles compiled such a report?
The Well driver will need to answer this question.
5-15-09
Roberto Lage, PE
Prolog Manager
Construction
Addendum NO.5
CITY OF SUNNY ISLES BEACH
Professional Construction Services for the
Heritage Park and Parking Garage
CITY RFQ NO. 09-03-01
To All Bidders:
Bidders for the above-referenced project shall take note of the following changes,
additions, deletions, clarifications, etc. to the Plans and Specifications, which in
accordance with the Contract Documents shall become a part of and have precedence
over anything shown or described otherwise.
END OF SECTION
I
~
Request for Information 005
~
Heritage Park & Parking Garage
A 1 A & 192nd Street
Sunny Isles Beach, FL. 33160
Project # 60040764
Tel: 305-792-1928
:::I!;~l~l:
I I~
1m r:1l1ffiF.1 f:Ti -.1i Ie'''..llllI:J
City of Sunny Isles Mr. Rick Conner
Engineering & Public Works Director
18070 Collins Avenue
Sunny Isles Beach, FI33160
rnI 1]1111 III:
Pavarini South East John Lunsford
2400 E Commercial Blvd., Suite 900
Fort Lauderdale, FL 33308
Clarification
Well Driller
Storm Water Drainage Wells
Plansheet C3.1.01 indicates all rainwater and surface water runoff to be dispensed into the Storm Water Drainage Wells.
Plansheets do not indicate any exfiltration trenches, please confirm that no exfiltration will be required for this project.
Typically, sand traps and exfiltration are required before water from landscape can enter Drainage Wells
A 20' lona and 4' wide. 18" HOPE exfiltration trench has been reauested
bv OERM on the storm lines from the buildina.
Exfiltration trench is located between catch basins no. 4 and no. 10.
5-15-09
Roberto Lage, PE
Prolog Manager
Construction
Addendum NO.6
CITY OF SUNNY ISLES BEACH
Professional Construction Services for the
Heritage Park and Parking Garage
CITY RFQ NO. 09-03-01
To All Bidders:
Bidders for the above-referenced project shall take note of the following changes,
additions, deletions, clarifications, etc. to the Plans and Specifications, which in
accordance with the Contract Documents shall become a part of and have precedence
over anything shown or described otherwise.
END OF SECTION
~
Request for Information 006
~
Heritage Park & Parking Garage
A 1 A & 192nd Street
Sunny Isles Beach, FL. 33160
Project # 60040764
Tel: 305-792-1928
_ ~~ ~ [1II~I]m ~ ~_u . , J ~llm
RFI #: 006 Date Created: 5/13/2009
IM_
City of Sunny Isles Mr. Rick Conner
Engineering & Public Works Director
18070 Collins Avenue
Sunny Isles Beach, FI 33160
Pavarini South East John Lunsford
2400 E Commercial Blvd., Suite 900
Fort Lauderdale, FL 33308
Clarification
Administration
Bid Package
Please indicate how many copies of final bid proposal and associated documents are
required for final bid submittal.
Provide five (5) copies of the fmal bid proposal and associated documents.
5-15-09
Prolog Manager
Construction
.
Addendum No. 7
CITY OF SUNNY ISLES BEACH
Professional Construction Services for the
Heritage Park and Parking Garage
CITY RFQ NO. 09-03-01
To All Bidders:
Bidders for the above-referenced project shall take note of the following changes,
additions, deletions, clarifications, etc. to the Plans and Specifications, which in
accordance with the Contract Documents shall become a part of and have precedence
over anything shown or described otherwise.
END OF SECTION
.
,
r~ PAVARINI [I
~. CONSTRUCTION COMPANY
Request for Information 007
~
Heritage Park & Parking Garage
A 1 A & 192nd Street
Sunny Isles Beach, FL. 33160
Project # 60040764
Tel: 305-792-1928
Im(....,I'*lm...1j(c',...{IIII:~
I ~.1-_"_"~
City of Sunny Isles
Engineering & Public Works Director
18070 Collins Avenue
Sunny Isles Beach, FI33160
Mr. Rick Conner Pavarini South East John Lunsford
2400 E Commercial Blvd., Suite 900
Fort Lauderdale, FL 33308
Clarification
Site Utilities FPL Vault
Per Sheet E.1.1.00. Note indicates electrical duct bank connection "to FPL Manhole". Please indicate location or distance
to FPL manhole referred to in note.
Distance is :f:400 feet.
5-15-09
Prolog Manager
Construction
,
Addendum No.8
CITY OF SUNNY ISLES BEACH
Professional Construction Services for the
Heritage Park and Parking Garage
CITY RFQ NO. 09-03-01
To All Bidders:
Bidders for the above-referenced project shall take note of the following changes,
additions, deletions, clarifications, etc. to the Plans and Specifications, which in
accordance with the Contract Documents shall become a part of and have precedence
over anything shown or described otherwise.
END OF SECTION
y
r~ PAVARINIII
~. . CON S T R U C T ION COM PAN Y
Request for Information 008
~
Heritage Park & Parking Garage
A 1 A & 192nd Street
Sunny Isles Beach, FL. 33160
Project # 60040764
Tel: 305-792-1928
Il1IIlll![
1m r:1l1ffiF.t f:Ti -.1i i'J,...{IlII:1
.:~:lI':_IlIl:
City of Sunny Isles Mr. Rick Conner
Engineering & Public Works Director
18070 Collins Avenue
Sunny Isles Beach, FI 33160
L_._,,_!HJlf~'A_,_~_~
Pavarini South East John Lunsford
2400 E Commercial Blvd., Suite 900
Fort Lauderdale, FL 33308
Clarification
Signage & Way Finding
Sign age
General Signage and Way Finding items are not shown on plan sheets and omitted from specifications. Please Clarify.
Should all Bidders include the same pre-determined allowance amount for bid purposes?
Provide $20,000 in the bid as an allowance. Signage to be
determined during shop drawings.
5-15-09
Prolog Manager
Construction
Addendum No.9
CITY OF SUNNY ISLES BEACH
Professional Construction Services for the
Heritage Park and Parking Garage
CITY RFQ NO. 09-03-01
To All Bidders:
Bidders for the above-referenced project shall take note of the following changes,
additions, deletions, clarifications, etc. to the Plans and Specifications, which in
accordance with the Contract Documents shall become a part of and have precedence
over anything shown or described otherwise.
END OF SECTION
Addendum NO.1
CITY OF SUNNY ISLES BEACH
Professional Construction Services for the
Heritage Park and Parking Garage
CITY RFQ NO. 09-03-01
To All Bidders:
Bidders for the above-referenced project shall take note of the following changes,
additions, deletions, clarifications, etc. to the Plans and Specifications, which in
accordance with the Contract Documents shall become a part of and have precedence
over anything shown or described otherwise.
END OF SECTION
~.'
~~ PAVARINI ~
~'":;- CONSTRUCTION COMPANY
Request for Information 001
~
Heritage Park & Parking Garage
A 1 A & 192nd Street
Sunny Isles Beach, FL. 33160
Project # 60040764
Tel: 305-792-1928
.:~::I~i_IIIIi
~e!_Cp..!!!lt~g~
City of Sunny Isles Mr. Rick Conner
Engineering & Public Works Director
18070 Collins Avenue
Sunny Isles Beach, FI33160
1m rnllfliF-l f:Ti -.1i Ii rr"{III~~
1 !Author ComP.i!ny' Authored By' I
Pavarini South East John Lunsford
2400 E Commercial Blvd., Suite 900
Fort Lauderdale, FL 33308
Co-Resp-ondent
--
I ~hor RFfNuml:)er 001
$ul)ject
Clarification
OISCIiiline Citeg~
Site Furniture
Contact Name cOj!iesr::Jotes
CC:-Comeany' Name
QuestIon
bate Reguirea:57147tOO'g
Listed on Sheet LF-101 is item # F-1 0 located on the upper left hand side of the sheet near the Playground Equipment.
However, it is not listed/described on the Furniture Schedule.
oateAnswere(l~
5/13/09
~nswer
Furniture Schedule was cut off by drawing window. See attached drawing 090513_HP_RFI-001-002_Response_Furniture
Schedule.pdf for #F-1 0 schedule.
Prolog Manager
Construction
,
j
Addendum NO.2
CITY OF SUNNY ISLES BEACH
Professional Construction Services for the
Heritage Park and Parking Garage
CITY RFQ NO. 09-03-01
To All Bidders:
Bidders for the above-referenced project shall take note of the following changes,
additions, deletions, clarifications, etc. to the Plans and Specifications, which in
accordance with the Contract Documents shall become a part of and have precedence
over anything shown or described otherwise.
END OF SECTION
.t.
I~ PAVARINI ~
~. CONSTRUCTION COMPANY
Request for Information 002
~
Heritage Park & Parking Garage
A 1 A & 192nd Street
Sunny Isles Beach, FL. 33160
Project # 60040764
Tel: 305-792-1928
I ~~ ;I":_III~
(A!is~r COI!IPADY.
City of Sunny Isles
Engineering & Public Works Director
18070 Collins Avenue
Sunny Isles Beach, FI 33160
IF.! r:1t1ffiF-l rno -.1i Ii 'r..{IIIi!~
, pwthor Comp.!.Dy. Authored By' I
Pavarini South East John Lunsford
2400 E Commercial Blvd., Suite 900
Fort Lauderdale, FL 33308
l:O:--ResQonclent
~ 1WlIiOrRFflllumber 00.1
};'Ubject
Clarification
Categ,2!Y.
Site Furniture
J
J
Disci~line
pc: Comp.!Dy. Name
Contact filame
Co(!ies Notes
Question
DateReguirea:sT147Z00'g
F-12 is listed as the Net Structure for the Boat on the Furniture Schedule. However, it is called out on the bottom right
hand side of the sheet near a plant bed as well.
Could the item called for be an additional Trash Receptacle?
~ggestion:
~nswer
Date ~nswered~
5/13/09
Item was incorrectly keyed. Item should be keyed as F-4: Trash Receptacle.
Prolog Manager
Construction
,
Addendum No.3
CITY OF SUNNY ISLES BEACH
Professional Construction Services for the
Heritage Park and Parking Garage
CITY RFQ NO. 09-03-01
To All Bidders:
Bidders for the above-referenced project shall take note of the following changes,
additions, deletions, clarifications, etc. to the Plans and Specifications, which in
accordance with the Contract Documents shall become a part of and have precedence
over anything shown or described otherwise.
END OF SECTION
.'
~
Request for Information 003
~
Heritage Park & Parking Garage
A 1 A & 192nd Street
Sunny Isles Beach, FL. 33160
Project # 60040764
Tel: 305-792-1928
RFI #: 003 Date Created: 5/11/2009
L~!ls'!{~l!!"-C~OmR~y. ~l;ls)Y.eJ:llct..ey.
City of Sunny Isles Mr. Rick Conner
Engineering & Public Works Director
18070 Collins Avenue
Sunny Isles Beach, FI 33160
!!Author ComP.!!ly. Authored By'
Pavarini South East John Lunsford
2400 E Commercial Blvd., Suite 900
Fort Lauderdale, FL 33308
J::O=Resp-c:inQ~rji ~
-=:
! ALitJiO'r'RFrNumljer
~
~ect
Clarification
DiS'Cipilne
Equipment Supplier
Catego~
Parking Equipment
I
CC:-ComP.!!ly. Name
Contact Name
COp'~Notes
Question
DateRequi'rid:5t1412W9
1 - Sheet A2.2.02 indicates on at the intersection of column lines F and 6, note for a Card Reader. However, there does not appear to be
a definitive location and the proposed location of the card reader appears to be on the wrong side of the aisle between two parking
spaces. Please advise.
Suggestion
i\nswer
Date AnswereCl?
There are no card readers, the note on sheet A2202 is a mistake
on the drawing and should be deleted.
5-15-09
Prolog Manager
Construction
,
,
OF SUtl
Addendum NO.4
CITY OF SUNNY ISLES BEACH
Professional Construction Services for the
Heritage Park and Parking Garage
CITY RFQ NO. 09-03-01
To All Bidders:
Bidders for the above-referenced project shall take note of the following changes,
additions, deletions, clarifications, etc. to the Plans and Specifications, which in
accordance with the Contract Documents shall become a part of and have precedence
over anything shown or described otherwise.
END OF SECTION
,
,
Request for Information 004
II
ij
Heritage Park & Parking Garage
A 1 A & 192nd Street
Sunny Isles Beach, FL. 33160
Project # 60040764
Tel: 305-792-1928
~~~i_III~
~!l.swer G.<m!PJIDY. Answere,!i By.
City of Sunny Isles Mr. Rick Conner
Engineering & Public Works Director
18070 Collins Avenue
Sunny Isles Beach, FI 33160
Im~lffiF.lrno m.1i ~Jjo"{III~
~ IAuthor Comp'!!ny Autl19red By, I
Pavarini South East John Lunsford
2400 E Commercial Blvd., Suite 900
Fort Lauderdale, FL 33308
~eonaem
I ~uttl'OrRFrtilumDer
eject
Clarification
Categ2.,.ry
Storm Water Drainage Wells
-.J
J
DliCip-line
Well Driller
CC:-Comp.ADyName
Contact tilame
Co]ies-tilotes
puestion
Date R~:sTf812009
The DEP is requesting a Report complied by a Florida registered Geologist or Engineer (PG or PE) for all Class V storm
water Drainage well permitting. The report summarizes the site geologic conditions, determines the fresh waterlsalt water
interface and gives the DEP a recommended casing depth. This report is referred to as "Reasonable Assurance Report".
Has the City of Sunny Isles compiled such a report?
Suggestion
Date Answered~
1t;nswer
The Well driver will need to answer this Question.
5-15-09
Roberto Lage. PE
Prolog Manager
Construction
J
Addendum No.5
CITY OF SUNNY ISLES BEACH
Professional Construction Services for the
Heritage Park and Parking Garage
CITY RFQ NO. 09-03-01
To All Bidders:
Bidders for the above-referenced project shall take note of the following changes,
additions, deletions, clarifications, etc. to the Plans and Specifications, which in
accordance with the Contract Documents shall become a part of and have precedence
over anything shown or described otherwise.
END OF SECTION
,
,
II
Request for Information 005
~
Heritage Park & Parking Garage
A 1 A & 192nd Street
Sunny Isles Beach, FL. 33160
Project # 60040764
Tel: 305-792-1928
.:l:l ~i_llllo
[Answer C.Q.!!!P..M~ An.swered ~y.
City of Sunny Isles Mr. Rick Conner
Engineering & Public Works Director
18070 Collins Avenue
Sunny Isles Beach, FI 33160
1m r:1l1fl:F.l rno -.1i ,,'j..{IIII:1
I ~thor Comp-!!ny' AuthQred B~
Pavarini South East John Lunsford
2400 E Commercial Blvd., Suite 900
Fort Lauderdale, FL 33308
co:Re;ponctint
---.J i\UfJiOrRFI Number
Categ.2.,1"Y.
Storm Water Drainage Wells
Discip-Iine
Well Driller
Su6j8Ct
Clarification
Contact Name
Cop-~Notes
CC:-Comp'!!!y' Name
i:luestlon
Date Reguire<t: 5l1872'()'O'9,
Plansheet C3.1.01 indicates all rainwater and surface water runoff to be dispensed into the Storm Water Drainage Wells.
Plansheets do not indicate any exfiltration trenches, please confirm that no exfiltration will be required for this project.
Typically, sand traps and exfiltration are required before water from landscape can enter Drainage Wells
!yggestlon
~nswer
bate Answered:
A 20' lona and 4' wide. 18" HOPE exfiltration trench has been reauested
bv OERM on the storm lines from the buildina.
Exfiltration trench is located between catch basins no. 4 and no. 10.
5-15-09
Roberto Lage, PE
Prolog Manager
Construction
Addendum NO.6
CITY OF SUNNY ISLES BEACH
Professional Construction Services for the
Heritage Park and Parking Garage
CITY RFQ NO. 09-03-01
To All Bidders:
Bidders for the above-referenced project shall take note of the following changes,
additions, deletions, clarifications, etc. to the Plans and Specifications, which in
accordance with the Contract Documents shall become a part of and have precedence
over anything shown or described otherwise.
END OF SECTION
~
Request for Information 006
~
Heritage Park & Parking Garage
A 1 A & 192M Street
Sunny Isles Beach, FL. 33160
Project # 60040764
Tel: 305-792-1928
RFI #: 006 Date Created: 5/13/2009
~nS~L...G.Q'!!!p'a!,!y' ~!l!t~ViJtLe~y'
City of Sunny Isles Mr. Rick Conner
Engineering & Public Works Director
18070 Collins Avenue
Sunny Isles Beach, FI 33160
I I Author Comm!ny' Authored By.
Pavarini South East John Lunsford
2400 E Commercial Blvd., Suite 900
Fort Lauderdale, FL 33308
Co-Resp-onClent
I ~'jjfhorRFrNumDer
~ject
Clarification
Discipline
Administration
CategorY.
Bid Package
t:C:--Comp-any. Name
Contact Name
COp'i~Notes
Question
bate ReguireCl: 511812009
Please indicate how many copies of final bid proposal and associated documents are
required for final bid submittal.
Suggestion
~nswer
Date Answered:
Provide five (5) copies of the final bid proposal and associated documents.
5-15-09
Prolog Manager
Construction
.
\
"
Addendum No. 7
CITY OF SUNNY ISLES BEACH
Professional Construction Services for the
Heritage Park and Parking Garage
CITY RFQ NO. 09-03-01
To All Bidders:
Bidders for the above-referenced project shall take note of the following changes,
additions, deletions, clarifications, etc. to the Plans and Specifications, which in
accordance with the Contract Documents shall become a part of and have precedence
over anything shown or described otherwise.
END OF SECTION
.
,
.
#~ PAVARINI ~
~. CON S T R U C T ION COM PAN Y
Request for Information 007
~
Heritage Park & Parking Garage
A 1 A & 192nd Street
Sunny Isles Beach, FL. 33160
Project # 60040764
Tel: 305-792-1928
RFI #: 007 Date Created: 5/13/2009
LAl"lswer ComRany' ~nSXf.eLetly.
City of Sunny Isles Mr. Rick Conner
Engineering & Public Works Director
18070 Collins Avenue
Sunny Isles Beach, FI 33160
IIAuthor Com~ny Authored By
Pavarini South East John Lunsford
2400 E Commercial Blvd., Suite 900
Fort Lauderdale, FL 33308
I :t\uthor RFI Num6er
Co-Resp-onaent
Subject
Clarification
Dlscip-line
Site Utilities
Category
FPL Vault
CC:-ComP.m!y. Name
Contact Name
COp'ies Notes
J
b"UiStlon
Date Reguirea: 571872'0'09
Per Sheet E.1.1.00. Note indicates electrical duct bank connection "to FPL Manhole". Please indicate location or distance
to FPL manhole referred to in note.
!iYggestion
~nswer
Date Answerea~
Distance is :1::400 feet.
5-15-09
Prolog Manager
Construction
I
J
,
Addendum NO.8
CITY OF SUNNY ISLES BEACH
Professional Construction Services for the
Heritage Park and Parking Garage
CITY RFQ NO. 09-03-01
To All Bidders:
Bidders for the above-referenced project shall take note of the following changes,
additions, deletions, clarifications, etc. to the Plans and Specifications, which in
accordance with the Contract Documents shall become a part of and have precedence
over anything shown or described otherwise.
END OF SECTION
,
.# PAVARINI ~
~. CON S T R U C T ION COM PAN Y
Request for Information 008
~
Heritage Park & Parking Garage
A 1 A & 192M Street
Sunny Isles Beach, FL. 33160
Project # 60040764
Tel: 305-792-1928
IF.! r:1l1fl'F-l f:Ti m.'fj "JI'''{IIIP~
I (AUthor Come!.!JY, Authored By' ----1
Pavarini South East John Lunsford
2400 E Commercial Blvd., Suite 900
Fort Lauderdale, FL 33308
1:~::1 ~i_IIII;
~nswer ComRC!DY.
City of Sunny Isles Mr. Rick Conner
Engineering & Public Works Director
18070 Collins Avenue
Sunny Isles Beach, FI 33160
~ponaem
J ~orifFI NumDer
Citeg,2,.ry
Signage
Disci~line
Signage & Way Finding
~ject
Clarification
Contact Name
c'OP.ies-Rotes
J
'cC:-ComR!!!y'Name
Question
Date t:tegrniid:5H 8/2009
General Signage and Way Finding items are not shown on plan sheets and omitted from specifications. Please Clarify.
Should all Bidders include the same pre-determined allowance amount for bid purposes?
Suggestion -
Date ~nswerei:H
~nswer
Provide $20,000 in the bid as an allowance. Signage to be
determined during shop drawings.
5-15-09
Prolog Manager
Construction
.
Addendum No.9
CITY OF SUNNY ISLES BEACH
Professional Construction Services for the
Heritage Park and Parking Garage
CITY RFQ NO. 09-03-01
To All Bidders:
Bidders for the above-referenced project shall take note of the following changes,
additions, deletions, clarifications, etc. to the Plans and Specifications, which in
accordance with the Contract Documents shall become a part of and have precedence
over anything shown or described otherwise.
END OF SECTION
"
,
~
Request for Information 009
~
Heritage Park & Parking Garage
A 1 A & 192nd Street
Sunny Isles Beach, FL. 33160
Project # 60040764
Tel: 305-792-1928
RFI #: 009 Date Created: 5/13/2009
1A!!!Yt.~G..OJ!lP.ll!!Y.
City of Sunny Isles
Engineering & Public Works Director
18070 Collins Avenue
Sunny Isles Beach, FI33160
Arl~w.eJ:.Et~L~y.
Mr. Rick Conner
I [Author Comp'any' Authored By'
Pavarini South East John Lunsford
2400 E Commercial Blvd., Suite 900
Fort Lauderdale, FL 33308
Co.Respon(tent
I i\Uthor RFfN'Urill)er
~ject
Clarification
Discip.line
Plumbing
Categ2.,."Y.
Stormwater System
Cc: ComRaoyJ!ame
Contact Name
CQ.pl~s_~ot~..!i
Question
Date Reguired: 5/18/200'9
Plumbing Drawings, specifically P2.2.01 indicates a separated storm water system. We see two lines discharge lines
coming out of the building, but can't trace lines to separate storm water system pipes on the Civil plans. Please Clarify.
~.!!ggestion .
Date I\nsweredi
~nswer
The two rainwater leader systems (one for the ground and intermediate floor
and one for the top floor) are routed to catch basin no. 10. After the lines
enter the catch basin they do not need to be separated.
5-18-09
Prolog Manager
Construction
,
J
!
Addendum No.1 0
CITY OF SUNNY ISLES BEACH
Professional Construction Services for the
Heritage Park and Parking Garage
CITY RFQ NO. 09-03-01
To All Bidders:
Bidders for the above-referenced project shall take note of the following changes,
additions, deletions, clarifications, etc. to the Plans and Specifications, which in
accordance with the Contract Documents shall become a part of and have precedence
over anything shown or described otherwise.
END OF SECTION
,
"
~
Request for Information 010
~
Heritage Park & Parking Garage
A 1 A & 192M Street
Sunny Isles Beach, FL. 33160
Project # 60040764
Tel: 305-792-1928
RFI #: 010 Date Created: 5/13/2009
IAnswer...G.9mRiffi~ Answered By,
City of Sunny Isles Mr. Rick Conner
Engineering & Public Works Director
18070 Collins Avenue
Sunny Isles Beach, FI 33160
IIAuthor CompAQy, ~ Authored By'
Pavarini South East John Lunsford
2400 E Commercial Blvd., Suite 900
Fort Lauderdale, FL 33308
&.O:-Resj:)onCtem
I ~UfhorFiFrNuml)ir
~
~ubject
Clarification
Discip.line
Plumbing
Categ2..1"Y.
Mechanical
Contact Name
Cop.ies-'lIIQ"tes
CC:-ComR!!!y'lIIame
j';lliiStion
D'iteRegui'riCt:-57187fo0'9
Plumbing Drawings, specifically P2.2.01 indicates a separated system based on building floors. Will lower floor's drainage
require storm water pre-treat prior to disposal in drainage wells.
~gestlon -
~nswer
Date ~nswerea~
A 20' 10nQ and 4' wide. 18" HOPE exfiltration trench has been requested
bv OERM on the storm lines from the buildinQ.
Exfiltration trench is located between catch basins no. 4 and no. 10.
5-15-09
Roberto Lage, PE
Prolog Manager
Construction
"
Addendum No. 11
CITY OF SUNNY ISLES BEACH
Professional Construction Services for the
Heritage Park and Parking Garage
CITY RFQ NO. 09-03-01
To All Bidders:
Bidders for the above-referenced project shall take note of the following changes,
additions, deletions, clarifications, etc. to the Plans and Specifications, which in
accordance with the Contract Documents shall become a part of and have precedence
over anything shown or described otherwise.
END OF SECTION
..
~
Request for Information 011
~
Heritage Park & Parking Garage
A 1 A & 192"0 Street
Sunny Isles Beach, FL. 33160
Project # 60040764
Tel: 305-792-1928
1:~;lI:_'11i
LAnswer_G.omp~aJ:!y,
City of Sunny Isles
Engineering & Public Works Director
18070 Collins Avenue
Sunny Isles Beach, FI 33160
AnsweredJ~~y,
Mr. Rick Conner
. F.I rnlltT:F.i r:ro -.1i 1011'..{1!1I:1
Authore,d]5y,
Pavarini South East John Lunsford
2400 E Commercial Blvd., Suite 900
Fort Lauderdale, FL 33308
I ~Uihor RFI Num6er
CO:Reseondent
~ject
NOA
Discieline
Fascade Enhancements
Catego~
Panel Construction
Contact Name
Cop.ies-.!lmtes
Cc: Co.mp.~!}y, Name
Question
Date Reguired: 5/20/2009
Please indicate if N.O.A. certification has been obtained for the fiberglass grating panel and aluminum frame
system, as indicated on detail 11/A5.1.01, for vertical installation. Please provide the certification number.
Suggestio,l;1 .
lA.nswer
Date Answerea:
This fiberglass panel is not considered as part of the building envelope,
it's only for decorative purposes. No N.O.A. unless required by the AHJ.
5-18-09
Prolog Manager
Construction
j
I'
Addendum No. 12
CITY OF SUNNY ISLES BEACH
Professional Construction Services for the
Heritage Park and Parking Garage
CITY RFQ NO. 09-03-01
To All Bidders:
Bidders for the above-referenced project shall take note of the following changes,
additions, deletions, clarifications, etc. to the Plans and Specifications, which in
accordance with the Contract Documents shall become a part of and have precedence
over anything shown or described otherwise.
END OF SECTION
~
"
~~ PAVARINI ~
~. CON S T Rue T ION COM PAN Y
Request for Information 012
~
Heritage Park & Parking Garage
A 1 A & 192"0 Street
Sunny Isles Beach, FL. 33160
Project # 60040764
Tel; 305-792-1928
RFI #: 012 Date Created: 5/15/2009
Answe.(ed Qy,
Mr. Rick Conner
IAnswer COmB-lIDy.
City of Sunny Isles
Engineering & Public Works Director
18070 Collins Avenue
Sunny Isles Beach, FI33160
-.J IAuthor ComR!!!y. Authored By'
Pavarini South East John Lunsford
2400 E Commercial Blvd., Suite 900
Fort Lauderdale, FL 33308
Co-Responctent
I i\uthor RFrN'U'i116er
~ject
Topo Drawings
DlS'Cljjline
Civil
Catego~
Earthwork
Cc: Comp'any' l\Iame
Contact Name
C~opJes Notes
Question
Date Reguired: 5/20/2009
Due to the black hatched areas throughout the Civil drawings, we cannot read several elevation and
data notes on the plans. Is it possible to re-distribute the Civil plansheets without the solid black
shading on the plans? Please advise.
~ggestion .
~nswer Date Mswerecu
Drawings were reissued on 5-18-09. 5-19-09
Prolog Manager Construction
,
I'
Addendum No. 13
CITY OF SUNNY ISLES BEACH
Professional Construction Services for the
Heritage Park and Parking Garage
CITY RFQ NO. 09-03-01
To All Bidders:
Bidders for the above-referenced project shall take note of the following changes,
additions, deletions, clarifications, etc. to the Plans and Specifications, which in
accordance with the Contract Documents shall become a part of and have precedence
over anything shown or described otherwise.
END OF SECTION
1
,
,
#."- PAVARINI ~
~. CON 5 T Rue T ION COM PAN Y
Request for Information 013
~
Heritage Park & Parking Garage
A 1 A & 192M Street
Sunny Isles Beach, FL. 33160
Project # 60040764
Tel: 305-792-1928
.:~;;Ili_IJiI'
lAn.l;Y[ Comp_any.
City of Sunny Isles
Engineering & Public Works Director
18070 Collins Avenue
Sunny Isles Beach, FI33160
.F.lrnl~r:ro ~1jIo11'..{IIlI:~
I ,Author C:9meany' Authored EW -.J
Pavarini South East John Lunsford
2400 E Commercial Blvd., Suite 900
Fort Lauderdale, FL 33308
Co.Res~ondent
I ~uthor RFfNumber
~ject
Sailboat Decking
Discieline
Hardscape
Categ,g"ry
Deck Finish Materials
J
~c: C~o..!!:!p'anY-"~Clme
Contact Name
CORies t)lptes
Question
Date Reguired: 5/20/2009
Per Paving Materials Plan LS-103, Sailboat Deck is indicated as 3C-Abisko Porcelain Tile
contradicting the Hardscape Plan LS-101. which indicates IPE Wood Decking. The details seem to
indicate IPE Wood. Please Advise.
~.l!ggestion .
hnswer
Date AnswereCt:
5/18/09
The correct material for the Sailboat Deck is FSC Certified Ipe Wood Decking.
Prolog Manager
Construction
1
I
Addendum No. 14
CITY OF SUNNY ISLES BEACH
Professional Construction Services for the
Heritage Park and Parking Garage
CITY RFQ NO. 09-03-01
To All Bidders:
Bidders for the above-referenced project shall take note of the following changes,
additions, deletions, clarifications, etc. to the Plans and Specifications, which in
accordance with the Contract Documents shall become a part of and have precedence
over anything shown or described otherwise.
END OF SECTION
..
,
#~ PAVARINI ~
~. CON S T Rue T ION COM PAN Y
Request for Information 014
~
Heritage Park & Parking Garage
A 1 A & 192"0 Street
Sunny Isles Beach, FL. 33160
Project # 60040764
Tel: 305-792-1928
I:liil"f_.i~
~!_C~omp..it!y.
City of Sunny Isles
Engineering & Public Works Director
18070 Collins Avenue
Sunny Isles Beach, FI 33160
Answe!.e~c:LQy.
Mr. Rick Conner
.F.lrnl~ r:t. -'1' 1o"'f"~11l1:1
I rAuthor Compan~ Authored By' I
Pavarini South East John Lunsford
2400 E Commercial Blvd., Suite 900
Fort Lauderdale, FL 33308
Co-Resp-onCtent
I 7Wthor RFrNumber
Subject
Paving Materials
blSCijiline
Hardscape
Cate92.,.ry,
Paving Finish Materials
Cc: C1m!Rany, Nam~
Contact Name
C~gRie.s Not~~
Question Date Reguired: 5/20/2009
Per Paving Materials Plan LS-103, NE Corner paving surface of 193rd & Collins, indicates paving
materials as 1A & 18, Integral Colored Concrete contradicting Detail 8, Concrete Paving Details Sheet
LS-501. Please confirm Integral Concrete is method to be used.
Sugge.stion .
I\nswer
Date ~nswereCtI
5/18/09
The correct Paving Schedule information for 1A & 1B is below:
1A: Specifications: Concrete Paver "Traditional Prest Brick"; Manufacturer/Supplier: Hanover Architectural
Products _ 717-637-0500; Size: 4"x8"x2-3/8"; Color & Finish: TBD by LA; Remarks: City to determine quantity and
layout that will become donor pavers. Refer to detail 3 sheet LS-503.
1 B: Specifications: Concrete Paver "Traditional Prest Brick"; Manufacturer/Supplier: Hanover Architectural
Products _ 717-637-0500; Size: 4"x8"x2-3/8"; Color & Finish: TBD by LA; Remarks: City to determine quantity and
layout that will become donor pavers. Refer to detail 3 sheet LS-503.
Prolog Manager
Construction
,
Addendum No. 15
CITY OF SUNNY ISLES BEACH
Professional Construction Services for the
Heritage Park and Parking Garage
CITY RFQ NO. 09-03-01
To All Bidders:
Bidders for the above-referenced project shall take note of the following changes,
additions, deletions, clarifications, etc. to the Plans and Specifications, which in
accordance with the Contract Documents shall become a part of and have precedence
over anything shown or described otherwise.
END OF SECTION
.
~
~
~
Request for Information 015
Heritage Park & Parking Garage
A1A & 192nCl Street
Sunny Isles Beach, FL. 33160
Project # 60040764
Tel: 305-792-1928
.:~=-~i-li"
!Answer C01.1lR.;my.
City of Sunny Isles
Engineering & Public Works Director
18070 Collins Avenue
Sunny Isles Beach, FI33160
. F.I rnlltT:F.i r:ro -,1Ji I;JI'..{11l1:1
I \Author Comp'!!!!y' AUlhored By,
Pavarini South East John Lunsford
2400 E Commercial Blvd., Suite 900
Fort Lauderdale, FL 33308
~nswereq,Q~
Mr. Rick Conner
~o-Resp-onaent
.=-1 ~tior RFI Num6er
1
~ject
Sheduled Completion
Discipline
Administration
Catego!:y'
Completion
Cc: CompA!Jy_t!l.~me
Contact Name
Cop.ies Nq,t~.!O
Question
Date Reguired: 5/20/2009
We noted a targeted completion date in the original RFQ of March 31st 2010. Is this the date required for
completion of only Phase 1? Or is this date meant as completion of both phases? Is this only an arbitrary date
that has no real significance now?
~ggestion .
~nswer
Date AnswereCl:
Contractor to provide a detailed schedule with completion
dates for all phases.
5-19-09
Rick Connor
Prolog Manager
Construction
;.
Addendum No. 16
CITY OF SUNNY ISLES BEACH
Professional Construction Services for the
Heritage Park and Parking Garage
CITY RFQ NO. 09-03-01
To All Bidders:
Bidders for the above-referenced project shall take note of the following changes,
additions, deletions, clarifications, etc. to the Plans and Specifications, which in
accordance with the Contract Documents shall become a part of and have precedence
over anything shown or described otherwise.
END OF SECTION
,
~
Request for Information 016
~
Heritage Park & Parking Garage
A 1 A & 192"d Street
Sunny Isles Beach, FL. 33160
Project # 60040764
Tel: 305-792-1928
RFI #: 016 Date Created: 5/18/2009
LAnswer Comp.M!y.
City of Sunny Isles
Engineering & Public Works Director
18070 Collins Avenue
Sunny Isles Beach, FI33160
Answ..e!.q,d_~y'
Mr. Rick Conner
IIAuthor Comp.!!.!!y' Authore1(By'
Pavarini South East John Lunsford
2400 E Commercial Blvd., Suite 900
Fort Lauderdale, FL 33308
Co-Resp'ondent
Il\uthor RFrNum6er
~ect
Scheduled Demolition
i5iiClj)line
Administration
Categ2..1"Y.
Demolition
Cc: Comp-any, Nam..e
Contact Name
Copies tiloJ~~s
Question
Date Reguired: 5/20/2009
We were told during a field visit that the existing City Building would stay in use until the new offices were
complete, and a relocate could be accomplished. This procedure would also require one-third of the existing
surface parking to remain until garage was completed. We have not seen any documentation to that effect. Is
this a requirement for the project to be scheduled and phased? Please advise.
~ggestion -
~nswer
bate Answered:
Adhere to this plan with the exception that at least
half of the available parking must remain.
5-19-09
Rick Connor
Prolog Manager
Construction
.
.r
To:
From:
Date:
Re:
City of Sunny Isles Beach
18070 Collins Avenue
Sunny Isles Beach, Florida 33160
City Commission
Norman S. Edelcup, Mayor
Lewis J. Thaler, Vice Mayor
Roslyn Brezin, Commissioner
Gerry Goodman, Commissioner
George "Bud" Scholl, Commissioner
(305) 947-0606 City Hall
(305) 949-3113 Fax
(305) 947-2150 Building Department
(305) 947-5107 Fax
Rick Conner, Acting City Manager
Hans Ottinot, City Attorney
Jane A. Hines, CMC, City Clerk
MEMORANDUM
Rick Conner, Acting City Manager (w/proposals)
Jorge Vera, Assistant City Manager/Services (w/proposals)
Bill Evans, Acting Public Works Director (w/proposals)
JaneA. Hines, CMC ~ ~~
City Clerk
May 22, 2009
Public Opening of Request for Qualifications No. 09-03-01, Professional
Construction Services for the Heritage Park and Parking Garage from the
Three Finalists
For your information, attached is a listing of the responses received from the three finalists for
RFQ No. 09-03-01 on May 22, 2009.
Thank you.
Attachments
c: Hans Ottinot, City Attorney
Douglas Haag, Assistant City Manager/Finance
Fernando Amuchastegui, Assistant City Attorney
PROJECT
0
PREPARED BY:
DATE: PAGE: OF
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City of Sunny Isles Beach
18070 Collins Avenue
Sunny Isles Beach, FL 33160
Tel: 305.947.0606
Fax: 305.949.3113
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Addendum No. 17
CITY OF SUNNY ISLES BEACH
Professional Construction Services for the
Heritage Park and Parking Garage
CITY RFQ NO. 09-03-01
To All Bidders:
Bidders for the above-referenced project shall take note of the following changes,
additions, deletions, clarifications, etc. to the Plans and Specifications, which in
accordance with the Contract Documents shall become a part of and have precedence
over anything shown or described otherwise.
END OF SECTION
It PAVARINIII
~. CONSTRUCTION COM PAN Y
Request for Information 017
~
Heritage Park & Parking Garage
A 1 A & 192"0 Street
Sunny Isles Beach, FL. 33160
Project # 60040764
Tel: 305-792-1928
.:~;;jri_lilr
\Answer ComRagy,
City of Sunny Isles
Engineering & Public Works Director
18070 Collins Avenue
Sunny Isles Beach, FI33160
IF.I r:1l1tT:F.i r:ro -'1' I:JI'..{I!II:1
Authored By'
Co-ResRQi1dent
I If'uthor RFrNum6er
~
Su6lect
Base Park Bid Clarification
DisciQline
Administration
Category
Allocations
1
Cc: ~P..MY.Jia.!!te
Contact ~ame
c;.OPles Note~s
Question
Date Reguired: 5/20/2009
Are we assume Bid Item No 1: to include the Landscaping and accessories around three sides of the garage and
five feet to the North Side of the Garage. Bid Item #2: to include Landscaping and accessories from the West side
fence to the new fence on the West side of the open area. Bid Item #3: are all of Remaining Areas to be
considered the Park Area. The Next Bid Item would be a total of all three above. If this is confirmed, then are we
assume the Base Park Option will be all area we assumed in Bid Item #3 , and this we assume will be diminished
to basic sod, irrigation and possibly a chain link fence to reduce costs. Are we to also assume the paver area
outside the fence on the corner of 193rd and Collins to be reduced to bare minimum? Please specify where to
place costs of landscaped areas adjacent to and integral to main structures and where boundaries are to stop.
Where do we stop sidewalks? Will required sidewalks be colored or grey?
L..Answer
Qate Answerea:
See Attached phasing diagram.
5-19-09
Prolog Manager
Construction
\.-
I
LEHMAN CAUSEWAY ACCESS RAMP
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Addendum No. 18
CITY OF SUNNY ISLES BEACH
Professional Construction Services for the
Heritage Park and Parking Garage
CITY RFQ NO. 09-03-01
To All Bidders:
Bidders for the above-referenced project shall take note of the following changes,
additions, deletions, clarifications, etc. to the Plans and Specifications, which in
accordance with the Contract Documents shall become a part of and have precedence
over anything shown or described otherwise.
~ From Coastal Construction:
1. Please confirm the format for the bid submittal. Do you want the five (5) copies
just clipped together as we did for the original submittal or can we put it in a
three ring binder?
Submit the five copies clipped together just as you did the original submittal, no
binders please.
END OF SECTION