HomeMy WebLinkAboutExhibit 1&I42;/ `Q ,
CITY OF MIAMI
ADDENDUM NO. 4
FEBRUARY 2, 2009
INVITATION TO BID NO. 08-09-025
NORTH BAYSHORE DRIVE DRAINAGE IMPROVEMENTS, - B-50658
TO: ALL PROSPECTIVE BIDDERS:
The following changes, additions, clarifications, and/or deletions amend the above -captioned
Bid/Contract documents, and shall become an integral part of the bid responses and the
subsequent contract. Please note the contents herein and affix same to the documents you have
on hand.
Additional Information:
The following new documents have been included as part of this Addendum and are available on
the CIP website:
1. Utility Clearance Letters
2. Utility Work Schedule
3. Geotechnical Report
4. Bonus and Waiver of Contractor Claims
Changes to.Project Drawings:
• The original set of plans that was posted on the CIP website on December 29, 2008, has been
revised. The changes affect the Cover sheet, Pages TD1-TD4 "Tree Disposition Plans" and TM1-
TM4 "Tree Mitigation Plans" It is advised the entire set of drawings be replaced with the posted as
part of this Addendum to avoid confusion.
Change to Bid Form:
Page 77, of Section 4-Bid Forms, has been changedto include Additional Line Items 33-35,
"700 Series". Disregard this page from the Contract documents originally posted on the CIP
website on December 29, 2008, and replace with the page posted on the CIP website as part of
this Addendum.
Change in Contract Documents:
The information in this Addendum supersedes what is in the contract documents.
$lt-075
Section 2 — Item 71, Lines and Grades, revise to state ..."all working and construction lines and
grades, as required from the Project Control Points set by the Contractor's Florida Registered
Land Surveyor, and shall be responsible•for the accuracy thereof."...
Section 3- Supplemental Terms and Conditions, Contract Time, states the following: "Work shall
be performed Monday through Friday from 7:00am to 5:00pm." The correct hours are with 8:00
am to 5:00 pm.
Section 3 — Supplemental Terms and Conditions, add the following:
Public Works - Storm Water Pollution Prevention Permit
The contractor, prior to the start of construction, shall obtain a Storm Water Pollution Prevention
Permit from the City of Miami Public Works Department. In the permit application, the contractor
shall submit his plan for sediment and storm water management during the duration of the
project. Evidence of silting and flooding shall be remediated throughout the project."
Section 3 — Contract Time and Hours, states the following: "Contractor shall have 210 Calendar
Days to achieve substantial completion from the date of the Notice to Proceed is issued." The
contract time has been revised to 180 Calendar Days.
Section 3, Article 15
The Project site is prone to flooding and this is further increased during high spring and fall tides.
Contractor shall have provide and utilize temporary pumping equipment necessary to mitigate
flooding of the Project site. The cost is incidental to construction and no additional compensation
will be given.
RF1's from Pre -Bid Meeting
The following information are answers to questions from the Non -mandatory Pre -Bid meeting
held on January 9, 2009.
Q7. What is the estimated construction budget?
Al. The estimated project budget is $3,000,000, which includes both hard and soft costs.
Q2. Are there any designated staging areas provided by the City of Miami?
A2. No. The Contractor is responsible for designating any staging areas and negotiation of any
necessary agreements. Please reference Section 2, Item 12 of the Specifications.
Q3. Will the City reimburse the contractor if they have to use parking meters for staging?
A3. See question Q4.
Q4. Can the contractor use the public right of way for staging?
A4. No.
Q5. Can the contractor use City owned property, such as an empty lot or park for staging?
A5. It is the contactor's responsibility to indentify a staging site and negotiate any agreements
required for the area.
Q6. Who pays for the cost of hiring police officers for security of the job site?
A6. The contractor will pay this cost.
Q7. Will the City reimburse the Contractor for any permits required for this project?
A7. Please review the bid documents. For those permits that are not wiaved the Bidder is to
include the cost of any permits in their bid price.
Q8. Is there any street lighting in the project?
A8. Yes, there are existing streetlights within the project. The contractor must coordinate and
schedule with FP&L any adjustments during construction.
Q9. Are there any geotechnical reports and will they be available to bidders?
A9. Yes, they are posted as part of this addendum.
Q10. What is the acceptable method of transport for excavated materials removed from the
jobsite?
A10. The contractor must follow all applicable laws, rules, and regulations concerning the
transport of any excavated materials from or to the job site.
Q11. Will the City pay for any additional testing such as FDOT asphalt that might be
needed?
Al Please reference Section 2, Item 50. Product Material and Testing.
Q12. What is the anticipated start date for this project?
Al2. March 2009.
Q13. Are there any MWBE requirements?
A13. No.
Q14. Will there be change orders allowed if something outside ofthe scope of work
occurs?
A14. Change Orders are addressed in the Specifications, Section 2 — General Terms and
Conditions.
Q15. Will the plans be updated included in an Addendum?
A15. Yes, a complete set of updated plans are provided as part of this addendum.
Q16. Will a field office be required?
A16. No.
Q17. Did a G-3 Water aquifer reasonable assurance report produced by the consultant for
the purposes of procuring a DEP well report?
No. It is the responsibility of the Contractor and/or the well driller sub -contractor to prepare
this report according to FDEP rules and regulations.
Q18. Will the contractor have to match the pigment color for the colored sidewalk at the
main entrance to the park?
Yes.
Q19. Will the contractor be responsible for paying for parking meters taken as a result of
the construction activities?
Yes. However, the Miami Parking Authority will be waiving the parking meter fees for this
project.
Q20. Is this contract a unit price contract or a lump sum contract?
This is a lump sure contract.with payment made based on actual work performed.
Q21.There are handrails existing in the field that are not identified in the plans to be
adjusted along with the harmonization. Will the contractor be responsible for the
modification to these handrails?
The property owner will adjust the handrails that are part of the Opera Tower (FEC
Development). The Contractor will coordinate his work with the owners accordingly.
Q22. Will a COM building department permit be required tv perform the railing modification
work required?
See Q23/A23.
Q23. Where do we account for temporary. asphalt?
Asphalt required for temporary trench restoration prior to placing final layers of asphalt shall
be included in the price of the drainage pipe/structures in place and accepted. Other
temporary asphalt, if needed, will be incidental to the construction and no additional
compensation will be given.
Q24. What is the requirement for as -built? "red -lines", CADD Plots, CADD Files, Mylars,
etc.
• Final permitted set of plan of the project with red -line hand written annotations of changes
made during construction. This plans should also be scanned into PDF format.
• "As Built" drawings which are the original set of plans with "bubble up" annotation of the
field changes, certified by a Florida registered surveyor. These documents delivered in
PDF, and AUTOCAD format,
• City of Miami Public Works Standard Survey books of the underground storm sewer
installation, in bound book and in PDF format,
• A drawing showing only the edge of pavement (final), the street centerline (final), and the
storm sewer system (existing not removed by project, and newly constructed structures).
This drawing in PDF, and AUTOCAD format.
Q25. How many copies of the as-buiits per media?
Five (5) Hard Copy "As-Builts" signed and sealed by Florida Registered Land Surveyor and
Mapper, three (3) CD's of the electronic files.
Q26. If CADD file as-builts are required, will we be given the design files to modify?
Yes. The files may be used by the Contractor to assist in the generation of the "as-builts",
however, the Contractor will be responsible for the accuracy shown on the "as-builts"
Q27. Where do we account for the well structures in the pay items?
Include the cost of in Pay Item 425-1-901.
Q28. Adjustment/replacement of the sidewalk utility boxes (electrical, water meter etc.) will
be included in what pay item?
Adjustment of Utility boxes shall be performed by the Utility Owner or Agent (UAO), as
specified in the Utility Work Schedules. The contractor will be responsible to notifyand
coordinate with each UAO as needed to the complete the project. In the case of Miami -Dade
Water and Sewer, and the City of Miami Stormwater Utilities the contractor will adjust
manholes. This cost of this work to be included in the sidewalk or pavement bid items as
applicable and no additional compensation will be given.
Q29. Please specify the species of SOD to be placed. (both as restoration in the park and
on R/W side).
A29, St. Augustine Fioratam in the right/way. Match existing in the Park. Bermuda 419 Tift. North
entrance, St Augustine/Palmetto South entrance.
Q30. Please forward Geotechnical Report for review
Included in this addendum.
THIS ADDENDUM IS AN ESSENTIAL PORTION OF THE CONTRACT DOCUMENT.
AND SHALL BE MADE A PART THEREOF.
Gar abrint, Assistant Director
Department of Capital Improvements Program
This addendum should be signed and dated by Bidder and submitted as proof of
receipt with the submission of bids. The Bidder by identifying the addendum
number in their bid proposal and by the signing and submission of their bid, shall
serve as proof of receipt of this addendum.
NAME OF FIRM: (1m'•=-7r1 �0-(77c1'-P
SIGNATURE:I—)
DATE:
BONUS AND WAIVER OF CONTRACTOR CLAIMS:
The City will pay the Contractor a "Bonus" in the amount equal to 5% of
the total payment made to the contractor under this contract, if the Work in
the Contract is completed in accordance with Article 62, Substantial
Completion, as determined by the City's Project Manager thirty (30)
calendar days prior to the Contract Time set forth in Section 3, Article 1,
("Bonus Completion Date") and subject to the conditions precedent set
forth below. For purposes of the calculation and the determination of
entitlement to the "Bonus" stated above, the "Bonus Completion Date" will
not be -adjusted for any reason, cause or circumstance whatsoever,
regardless of fault, save and except in the instance of a catastrophic event
(i.e., hurricane or a declared state of emergency).
The parties anticipate that delays may be caused by or arise from any
number of events during the course of the Contract, including, but not
limited to, work performed, work deleted, change orders, supplemental
agreements, delays, disruptions, differing site conditions, utility conflicts,
design changes or defects, time extensions, extra work, right of way
issues, permitting issues, actions of suppliers, subcontractors or other
contractors, actions by third parties, shop drawing approval process
delays, expansion of the physical limits of the project to make it functional,
weather, weekends, holidays, suspensions of Contractor's operations, or
other such events, forces or factors sometimes experienced in highway
construction work. Such delays or events and their potential impacts on
performance by the Contractor are specifically contemplated and
acknowledged by the parties in entering into this Contract, and shall not
extend the "Bonus Completion Date" set forth above. Further, any and all
costs or impacts whatsoever incurred by the Contractor in accelerating the
Contractor's work to overcome or absorb such delays or events in an
effort to complete the. Contract by the "Bonus Completion Date",
regardless of whether the Contractor successfully does so or not, shall be
the sole responsibility of the Contractor in every instance.
In the event of a catastrophic event (i.e., hurricane or a declared state of
emergency) directly and substantially affecting the Contractor's operations
on the Contract, the Contractor and the City shall agree as to the number
of calendar days to extend the "Bonus Completion Date". In the event the
Contractor and City are unable to agree to the number of calendar days to
extend the "Bonus Completion Date", the City shall unilaterally determine
the number of calendar days to extend the "Bonus Completion Date"
reasonably necessary and due solely to such catastrophic event and the
Contractor shall have no right whatsoever to contest such determination,
save and except that the Contractor establishes that the number of
calendar days determined by the City were arbitrary or without any
reasonable basis.
North Bayshore Drive Drainage Imp
Addendum 4 Bid No 08-09-25
However, notwithstanding anything above to the contrary, upon the
Contractor's written request being made, directly to the Director, with
copies provided to both the City's Project Manager and the Consultant, the
City reserves unto the Director, in his sole and absolute discretion,
according to the parameters set forth below, the authority to make a
determination to either fully enforce the above provisions with no
modification, modify the "Bonus Completion Date" by moving it, or both
modify the "Bonus Completion Date" by moving it and also modifying the
"Bonus" amount by reducing it.
No modification of a "Bonus" provision will be considered by the Director
for any impacts whatsoever, beyond the reasonable control of the
Contractor, the effect of which results in 'a time extension of less that 15%
of the time remaining in the period from first day of occurrence of such
impact to the "Bonus Completion Date". Furthermore, as to any such
impact, the effect of which results in a time extension of 15% or more of
the time remaining in the period from first day of occurrence of such
impact to the "Bonus Completion Date", no modification of a "Bonus"
provision will be considered by the Director unless. the Contractor clearly
establishes that it has continuously from the beginning of the project
aggressively, efficiently and effectively pursued the achievement of the
"Bonus," including the utilization of any and all reasonably available
means and methods to overcome all impacts and accelerate the work so
as to still achieve the "Bonus," and, but for this impact, the Contractor
would have otherwise earned the "Bonus" provided in the original
Contract. Also, to the extent the request is not submitted in writing to the
Director within not less than twenty (20) calendar days prior to the original
"Bonus Completion Date", the Contractor must also continue to
aggressively, efficiently, and effectively pursue the completion of the
"Bonus" work, including the utilization of any and all reasonably available
.means and methods to overcome all impacts and accelerate the work,
until a determination is made by the Director or twenty (20) calendar days
has expired since such written notice. There shall be no right of any kind
on behalf of the Contractor to challenge or otherwise seek review or
appeal in any forum of any determination made by the Director under this
provision.
The Contractor shall have no rights under the Contract to make any claim
arising out of this "Bonus" provision except as is expressly set forth in this
Article.
As conditions precedent to the Contractor's entitlement to any "Bonus" the
Contractor must:
(1) Deliver in -hand to the City any and all claims, in full accordance
with 4-11 (Claims by Contractor) and subject to the limitations
therein, no later than 60 calendar days after completion of the work.
North Bayshore Drive Drainage Imp Addendum 4 Bid No 08-09-25
(2) Actually complete the Contract and obtain final acceptance by
the City, as determined by the Engineer in accordance with 4-10
(Final Acceptance), on or before the "Bonus Completion Date".
(3) The Contractor shall notify the City in writing, within 60 days of
the final acceptance of the work in the Contract by the City, that the
Contractor elects to be paid the "Bonus" which the Contractor is
eligible to be paid based on the actual final acceptance date, and
such written notice shall constitute a full and complete waiver,
release and acknowledgment of satisfaction by the Contractor of
any and all claims, causes of action, issues, demands, disputes,
matters or controversies, of any nature or kind whatsoever, known
or unknown, against the City, its employees, officers, agents,
representatives, consultants, and their respective employees,
officers and representatives, the Contractor has or may have as to
work performed, work deleted, change orders, supplemental
agreements, delays, disruptions, differing site conditions, utility
conflicts, design changes or defects, time extensions, extra work,
right of way issues, permitting issues, actions of suppliers or
subcontractors or other contractors, actions by third parties, shop
drawing approval process delays, expansion of the physical limits
of the project to make it functional, weather, weekends, holidays,
suspensions of the Contractor's operations, extended or
unabsorbed home office or job site overhead, lump sum
maintenance of traffic adjustments, lost profits, prime mark-up on
subcontractor work, acceleration costs, any and all direct and
indirect costs, any other adverse impacts, events, conditions,
circumstances or potential damages, on or pertaining to, or as to or
arising out of the Contract. This waiver, release and
acknowledgment of satisfaction shall be all-inclusive and absolute,
save and except any routine City final estimating quantity
adjustments.
Should the Contractor fail to actually complete the Contract and obtain
Substantial Completion the City as determined by the City's project
Manager in accordance with 4-10 (Final Acceptance), on or before the
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"Bonus Completion Date", or should the Contractor, having done so, fail to
timely request the "Bonus" for any reason, and including but not limited to
the Contractor choosing to fully waive, release and acknowledge
satisfaction as set forth in (3) above, the Contractor shall have no right to
any payment whatsoever under this Article.
In the event the Contractor elects to exercise the "Bonus Payment"
provision, should this provision conflict with any otherprovision of the
Contract, the Contract shall be interpreted in accordance with this
provision.
North Bayshore Drive Drainage Imp
Addendum 4 Bid No 08-09-25