HomeMy WebLinkAboutSubstitution Memo from City AttorneyCITY OF MIAMI
OFFICE OF THE CITY ATTORNEY
MEMORANDUM
TO: Honorable Mayor and Members of the City Commission
FROM: George K. Wysong III, City Attorney Q"e'x. wyso+lg Irr
DATE: July 22, 2025
RE: Substitution of Item RE.10 on the July 24, 2025, City Commission Meeting:
Resolution requesting authorization to execute a Memorandum of
Understanding ("MOU"), and any necessary documents, with 50A
Developer, LLC, a Delaware for Profit Corporation, to facilitate the
simultaneous rehabilitation and repair of the Brickell Key Bridge and the
redevelopment of properties located on Brickell Key.
File No.: 17881
Item RE.10 on the July 24, 2024, City Commission Meeting Agenda proposes to
authorize the City Manager to negotiate and execute a Memorandum of Understanding
("MOU") with 50A Developer, LLC, for the simultaneous rehabilitation and repair of the
Brickell Key Bridge and the redevelopment of properties on Brickell Key.
The Legislation is being substituted to provide authorization to the City Manager
to execute the now included MOU, attached and incorporated into the substituted
Legislation as Exhibit "A," and further authorizing the City Manager to negotiate and
execute any other necessary documents.
cc. Arthur Noriega V, City Manager
Marie Gouin, Director, Office of Management & Budget
Miriam Santana, Agenda Coordinator
fl Sias],
City of Miami
Resolution
Legislation
City Hall
3500 Pan American Drive
Miami, FL 33133
www.miamigov.com
File Number: 17881 Final Action Date:
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH
ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE
A MEMORANDUM OF UNDERSTANDING ("MOU"), IN SUBSTANTIALLY
THE FORM ATTACHED AND INCORPORATED AS EXHBIT "A," WITH
50A DEVELOPER, LLC, A DELAWARE FOR PROFIT CORPORATION,
TO FACILITATE THE SIMULTANEOUS REHABILITATION AND REPAIR
OF THE BRICKELL KEY BRIDGE AND THE REDEVELOPMENT OF
PROPERTIES LOCATED ON BRICKELL KEY; FURTHER
AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE
ANY AND ALL NECESSARY DOCUMENTS, IN A FORM ACCEPTABLE
TO THE CITY ATTORNEY, FOR SAID PURPOSE.
WHEREAS, 50A Developer LLC, a Delaware limited liability company
("Developer"), is preparing to redevelop the properties located at 750 Claughton
Island Drive and 500 Brickell Key Drive, located on Brickell Key in Miami, Florida;
and
WHEREAS, Brickell Key is an island that is only accessible via the Brickell
Key Bridge ("Bridge") and the City of Miami ("City") is preparing to repair Bridge; and
WHEREAS, the Developer and City will be working simultaneously on Brickell Key and
the proposed Memorandum of Understanding ("MOU"), attached hereto as Exhibit "A,"
incorporated herein, will effectuate the simultaneous redevelopment of properties on Brickell
Key and repair of Bridge between the parties; and
WHEREAS, the MOU outlines the responsibilities and timelines of both parties, including
mitigation of the resulting traffic disruption and noise that will result due to the size of these two
projects; and
WHEREAS, it is in the best interest of the residents of Brickell Key and the community
for the parties to memorialize their understanding of the two projects;
NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF
MIAMI, FLORIDA:
Section 1. The recitals and findings found in the Preamble to this Resolution are
adopted by reference and incorporated as if fully set forth in this Section.
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City of Miami Page of File ID: 17881 (Revision:) Printed On:
File ID: Enactment Number:
Section 2. The City Manager is authorized' to execute the MOU, in substantially the
form attached and incorporated as Exhibit "A," for said purpose.
Section 3. The City Manager is further authorized' to negotiate and execute any and all
documents, in conformity with this Resolution, in a form acceptable to the City Attorney, for said
purpose.
Section 4. This Resolution shall become effective immediately upon its adoption.
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1 The herein authorization is further subject to compliance with all legal requirements that may be
imposed, including but not limited to those prescribed by applicable City Charter and City Code
provisions.
City of Miami Page of File ID: (Revision:) Printed on:
Memorandum of Understanding
City and 50A Developer LLC
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MEMORANDUM OF UNDERSTANDING
THIS MEMORANDUM OF UNDERSTANDING ("MOU") is made and entered into
this day of , 20, effective upon signature ("Effective Date"), by and.
between the City of Miami, a municipal corporation of the state of Florida, whose address is 444
Southwest 2nd Avenue, .Miami, Florida 33130 ("City") and 50A Developer LLC, a Delaware
limited liability company, whose address is 98 SE 7th Street, Suite 500, Miami, Florida 33131
(together with its affiliated entities, successors, and assigns referred to as the "Property Owner,"
and together with the "City," referred to as the "Parties").
RECITALS
WHEREAS, the Miami City Commission via Resolution 75-135 on February 12, 1975,
issued a Development Order, approving with modifications the Brickell Key (formerly known as
Claughton Island) project, as a Development of Regional Impact ("DRI") to be located on Brickell
Key, which Development Order was clarified by Resolution 75-423 on April 22, 1975, and
subsequently amended through Resolution 84-1496 on December 20, 1984, Resolution 85-812 on
July 25, 1985, and Ordinance No. 13572 on October 22, 2025 (collectively, the "Brickell Key
DRI"); and
WHEREAS, the Property Owner (through its affiliated entities) has a long-standing
history of developing Brickell Key over the past forty years, having successfully transformed the
island into a vibrant and thriving community through strategic planning and high -quality
construction pursuant to the Brickell Key DRI; and
WHEREAS, Brickell Key is an island that is only accessible via the Brickell Key Bridge
(the "Bridge"); and
WHEREAS, the Property Owner is preparing to redevelop the properties located at 750
Claughton Island Drive and 500 Brickell Key Drive (collectively, the "Property"), more
particularly described on Exhibit 1, with a phased development which may consist of two towers
with a shared podium, as permitted under the Brickell Key DRI (the "Project"); and
WHEREAS, the Florida Department of Transportation ("FDOT") conducted a Regular
National Bridge Inventory (NBI) inspection of the Bridge (No. 876414) on June 24c 2024 by
Marlin Engineering, Inc., that resulted in the 2024 FDOT Bridge Inspection Report (4 .epg -t."),m,
The Report provided a rating based upon its current use of as a vehicular and pedestr 1.n bridge.,
The Report is incorporated herein by reference and speaks for itself.
WHEREAS, the Property abuts the Bridge and all construction materials forh.e,proppsed
development of the Property will arrive via the Bridge; and
WHEREAS, the City has prepared bridge rehabilitation plans and seawall rep , plat for
improvements to the Bridge including superstructure elements, substructure elements and a portion
of the seawall located under the Bridge; and
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WHEREAS, the City and the Property Owner recognize the need for further coordination
regarding the construction of the Project and the necessary Bridge repairs, including the applicable
repairs under Section 54-56 of the City Code; and
WHEREAS, the City Commission, pursuant to Resolution No. , a
copy of which is attached as Exhibit 2, authorized the City Manager to enter into this MOU; and
WHEREAS, Property Owner is authorized to transact business in the State of Florida and
is the fee simple owner of the Property; and
WHEREAS, this MOU does not enlarge, modify, or alter any development rights which
Property Owner has obtained by virtue of the Brickell Key DRI or other approvals, but rather is
meant to memorialize the understanding between the City and Property Owner, that includes
outlining the process to complete construction of the Project and associated improvements;
NOW, THEREFORE, in consideration of the mutual covenants and promises contained
herein, the sufficiency of which is hereby acknowledged by the Parties, the City and Property
Owner agree that the foregoing recitals are true and correct and further agree as follows:
I. INCORPORATION BY REFERENCE
The recitals set forth in the preamble of this MOU are hereby adopted by reference thdreto 46d
incorporated as though set forth in full herein and made a part hereof.
II. BRIDGE REPAIRS
A. Initial Inspection and Safety Protocols
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CD
Prior to the Commencement of Construction, Property Owner will hire a qualified Engineer (the
"Engineer") to conduct a comprehensive initial inspection and establish safety protocols for the
use of the Bridge during the development of the Project. The Engineer must be qualified by the
Florida Department of Transportation (the "FDOT") for Work Groups 4.0 and 5.0 and specifically
sub -groups 4.2.1, 5.1 and 5.4. This inspection may include but is not limited to a thorough visual
condition assessment of the Bridge's superstructure and substructure, noting, and documenting
any signs of damage or deficiencies that may affect structural integrity. The Engineer will prepare
a Preliminary Bridge Assessment Report detailing current conditions of the Bridge and outlining
criteria for further assessments. Additionally, Property Owner will ensure that the Engineer
conducts monthly inspections to monitor the Bridge's condition throughout the construction
period. A report of such inspection shall be provided to the City within seven (7) calendar days of
the inspection date. Additionally, all unforeseen issues that arise require notice to the City within
forty-eight (48) hours with copy to the FDOT, except any emergency situation must be reported
immediately. Further, the Property Owner will implement any and all additional safety protocols
necessary to ensure continued structural safety of the Bridge during construction of the Project.
Any noticed utility deficiencies must be also documented and immediately reported to the City
and to the applicable utility agency.
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For the purposes of this MOU, "Commencement of Demolition" shall be defined as the initiation
of the interior demolition pursuant to a building permit issued by the City's Building Department
in connection with the Project. Further, "Commencement of Construction" shall be defined as
the initiation of ground disturbing activities at the Property pursuant to an excavation/piles/site and
soil improvement building permit, phased, and/or master building permit (whichever is obtained
first) issued by the City's Building Department in connection with the Project.
B. Bridge Rehabilitation Plan
The City has prepared bridge rehabilitation plans and seawall repair plans under the Department
of Resilience and Public Works Project No. 40-B193602, as prepared by STANTEC
CONSULTING SERVICES, INC. ("Stantec"). The aforementioned plans have been approved
under South Florida Water Management District Environmental Resource General Permit No. 13-
104758-P and Miami -Dade Class I Permit No. CLI-2021-0076 (collectively, the "Bridge Plans"),
to ensure the continued safety, structural integrity and functionality of the Bridge. The City
estimates that the cost to complete the bridge and seawall improvements outlined in the Bridge
Plans will be $9,651,180.44 (the "Bridge Rehabilitation Cost"). Due to commencement of the
Project, the City will have to phase its work on the Bridge and will incur duplicative constructions
costs, including but not limited to mobilization and the maintenance of traffic. The Parties agree
that the proposed Bridge rehabilitation, as detailed in the Bridge Plans, will be phased, as follows:
1. Phase I
The City has contemplated commencement of the first phase of work to be performed on the Bridge
to being on July 15, 2025. The work to be performed pursuant to the Bridge Plans is considered
necessary as recommended in the FDOT Report and to accommodate the Legal Loads as defined
in the FDOT Report and in the Load Rating Analysis performed by Stantec . Phase I will impact
traffic on the Bridge. As such, the City anticipates completing Phase I work by no later than Spring,
2026. All efforts will be made to reasonably reduce any interference with the commencement of
the Project. Further, all attempts will be made to coordinate with Property Owner to facilitate both
Phase I work and the Project.
2. Phase II
Following the issuance of Certificate(s) of Occupancy ("CO") for each and all struirtures, and
phases of the Project, the City will commence the work not performed in Phase I as outlinedih the3
Bridge Plans. In addition, the City will conduct a detailed bridge inspection and evaluation to, ;y
determine the work required to properly and adequately complete the Bridge Plans :.phis -bridge
inspection and evaluation may identify additional work to be performed as a rasult of theL
construction related activities of the Project and its effect on the Bridge. i rCD
3. Property Owner's Contribution to Bridge Work
The Project is anticipated to be completed within approximately five (5) years. As such, it is the
understanding of the Parties that the existing critical deficiencies, which have been identified by
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Stantec and the City, will be partially addressed with the commencement of the Phase I of the
Bridge before the Commencement of Construction. Further, due to the length anticipated
completion of the Project, the existing Bridge deficiencies, the age of the Bridge, and the future
impacts of the Project on the Bridge, the Bridge may require to be replaced after the Project's
completion.
The City has executed a construction contract with Florida Engineering, Inc., issuing a Purchase
Order in the amount of $4,612,378.53 for Phase I work as described herein. The remaining amount
due to complete the work is $5,458,109.05. The Property Owner hereby agrees to contribute
constructions costs in the amount of $2,729,054.53 ("Property Owner's Contribution.") The
Property Owner's Contribution is to be paid before the issuance of the CO(s) for each and all
structure(s) and phases of the Project. In addition, the Property Owner's contribution will be
adjusted prior to payment, applying a five percent (5%) annual escalation for a maximum of six
(6) years plus a five percent (5%) contingency for a subtotal contribution not to exceed
$3,840,053.78. Additionally, the Property Owner has requested that the City incorporate additional
work within the Bridge Repair's Scope of Work to include widening of sidewalks and reducing
the West end median. The additional cost of incorporating this request into the repair totals
$790,988.00. Therefore, the total contribution is $4,631,041.78 ("Total Property Owner
Contribution"). The Total Property Owner Contribution shall be deemed to satisfy any applicable
requirements or obligations under Section 54-56 of the City Code in connection with the Project
with no additional improvements or contributions required.
III. CONSTRUCTION MANAGEMENT
A. Maintenance of Traffic (MOT)
The Parties recognize that ensuring the smooth flow of traffic and minimizing disruptions is
essential for the efficient and timely completion of the Project and to reduce hazardous conditions
which may endanger life and/or property. Property Owner acknowledges the requirement to
develop maintenance of traffic ("MOT") plans in connection with any work which may impact
the right-of-way around the Property during construction of the Project. To minimize disruptions,
MOT plans will be developed by Property Owner's contractors and submitted to the Department
of Resilience and Public Works for review, comment, and approval prior to any such work taking
place. Any traffic flow and changes to pavement marking and signage requires approval from
Miami -Dade Department of Transportation and Public Works. MOT plans for the construction of
the Project shall be frequently updated as construction progresses. All modifications'13 the -MOT
plans shall be submitted to the Department of Resilience and Public Works for review acorf ment,1
and approval. MOT approval is contingent upon the submittal of a proposed Traffic Mitigation'
Measures Plan for expected. lane closures for review, comment, and approval. Further, MOT
approval is subject to modification or revocation if traffic conditions require so.
f-,1
The City hereby agrees that the following activities are hereby exempt from the City g9nual"
holiday construction moratorium: (1) MOT for the construction of the Project, (2) aziy ongoing
work being performed in the public right-of-way that requires an MOT, and (3)—any work
associated with a certificate of occupancy that is time -sensitive and requires an MOT.
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1. Traffic Mitigation Measures
To minimize disruptions and avoid damage to the Bridge, during the construction of the Project,
concrete trucks shall avoid lining up or standing idle on the Bridge or staging on the Bridge or
blocking Brickell Bay Drive and Brickell Avenue. Alternative staging areas must be identified and
utilized to ensure that trucks can move to the Bridge only when ready for immediate pouring,
delivery or any other activity. To maintain the Bridge's structural integrity, all trucks, including
concrete trucks and construction equipment will be dispatched to the Bridge one (1) at a time from
an off -site staging area.
If the Bridge is posted with load restrictions, all trucks, including concrete trucks and construction
equipment, must be weighed using scales before entering the Bridge to ensure compliance with
the posting requirements. During the Project, compliance with all allowable Legal Loads
determined by the Load Rating Analysis performed by the City must be met. Any vehicles that
are considered Over -Weight and Over -Dimension ("OWOD") by the FDOT must obtain the
corresponding OWOD permit from the FDOT State Permit Office, as applicable.
B. Noise
To reduce potentially hazardous conditions that endanger both life and property, Property Owner
will make every effort to create the least amount of disruption to the City over the shortest amount
of time during the construction of the Project. In support of the expeditious and orderly
development of the Project, the City Manager authorizes a waiver of the noise restrictions for
construction equipment pursuant to Section 36-6(c) of the City's Code of Ordinances, Monday
through Friday from 6:00 a.m. to 8:00 p.m., not including holidays. Notwithstanding the foregoing,
concrete pours and crane lifts may commence as early as 5:00 a.m. The City Manager also
authorizes a waiver of the noise restrictions, as necessary, to permit Property Owner to conduct
mass concrete pours continuously from start to finish which are critical for ensuring the structural
soundness of the Project. These waivers of noise restrictions shall be validfrom the
commencement of the demolition of the existing structures at the Property until TCOs:are ris$ued
for each and all structures and phases of the Project.
Property Owner or its contractors must attain approval prior to any work to take place oin Fderal
holidays and/or Sundays from the City Manager. Any such waiver request for Fede'af holidays l
and/or Sundays will be reviewed by the City Manager case -by -case. Violation of this --,provision
may result in a code enforcement violation pursuant to Chapter 2, Article X, providI4lilhowever,
the City reserves all legal remedies under Florida law and the use of one remedy shallgic :preelude k
the use of another. -,'
Property Owner agrees to require the general contractor for the Project to provide the City with a
"Noise Management Plan" prior to Commencement of Construction. A copy of the final Noise
Management Plan shall be attached to and incorporated into this Agreement as Exhibit 3. The
Noise Management Plan shall include the following: (i) Project information; (ii) 24-hour
emergency contact information; (iii) a list of equipment anticipated to be used on -site at the
Property; and (iv) vibration monitoring controls. Property Owner shall use commercially
reasonable efforts to require that the Noise Management Plan also incorporates the following noise
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mitigation strategies, to the extent commercially reasonable and practicable:
1.
Equipment Modifications and Operations
i.
ii.
iv.
v.
Retrofitting all trucks and construction equipment requiring back-up alarms
with white noise back-up signal/alarm system to minimize disturbance to
neighbors while maintaining a safe warning signal for those in the danger
zone of backing vehicles; the white noise back-up signal/alarm emits sound
at multiple frequencies attenuated above 4000Hz so that the sound is
perceived to dissipate more quickly than a conventional pure -tone alarm.
Providing a flag/safety person for the duration of the time the Noise Waiver
is required to help ensure safety and coordination relating to the retrofitted
white noise back-up signal/alarm system.
Equipping all equipment with shrouds or engine covers to help prevent
unnecessary noise emission.
Installing sound dampening sheds or other City -approved methods on the
pistons of the concrete pump to reduce noise impact to neighboring
properties.
Applying the above measures to, but not limited to, construction activities
such as pumping concrete, pile driving, and seawall sheet installation, as
well as the use of equipment including concrete pumps, concrete trucks,
chipping hammers, excavators, and delivery trucks.
2. Monitoring and Reporting
i. Utilizing handheld noise level monitors to periodically check and document
job site noise levels at the Property.
ii. Installing multiple monitoring stations around the Property perimeter to
provide real-time alerts (via email and text message) to the Project team if
vibration thresholds are exceeded.
In addition, Property
appropriate periods of
Plan:
i.
ii.
Owner agrees to utilize the following construction strategies, during
construction, which will also be incorporated into the Noise Management
Implementing vibration monitoring around the Property, including
engaging a third -party company to provide alerts if allowable vibration
levels are exceeded, and to prepare periodic reports for review.
Requiring periodic inspections by a third -party agency, including checks of
surrounding buildings for sedimentation or other constrj.ctip i-related
impacts.
C. Phased TCO ' "` l
Due to the magnitude and complexity of the Project and to facilitate orderly and efficient ''I
development, the Building Official is authorized to issue phased. TCOs under tle' foltwin
circumstances:
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1. Unfinished (Designer Ready) Units
The Building Official may issue TCOs for units on both towers of the Project that are unfinished
and ready for designer customization so long as those units comply with all City, County and State
applicable laws, ordinances and regulations including Florida Building Code and Florida Life
Safety codes.
2. TCO Intervals
The Building Official may issue TCOs for both towers of the Project in increments of at least one
(1) floor. Additionally, the Building Official may issue a TCO for each phase (including the
individual tower or podium) independently of the other phases of the Project provided that the
tower complies with all parking requirements and so long as the phase or component requesting a
TCO has complied with all City, County and State applicable laws, ordinances and regulations
including Florida Building Code and Florida Life Safety codes.
IV. COMMUNITY OUTREACH
Property Owner agrees to implement a comprehensive community outreach strategy throughout
the development of the Project to foster open communication with residents and businesses. This
strategy will include regular updates on Project -related activities, road closures, and other
construction impacts that may affect the community. These updates will be disseminated through
various channels including email notifications and, when necessary, public meetings.
Property Owner will work with the City to notify Brickell Key neighborhood homeowners'
associations and condominium associations about any significant construction activities,
particularly those that may cause temporary inconveniences, such as road or lane closures. Notices
will include alternative routes or mitigation efforts to minimize disruptions.
Property Owner must notify Brickell Key neighborhood homeowners' associations and.
condominium associations of significant planned construction activities and provide an
opportunity for feedback, comments, and questions. Property Owner will make best efforts to
address reasonable concerns as the Project progresses. The City shall be notified of all feedback,
comments, and questions received and the response, if any, thereto provided by Property Qv ner.
V. TERM
This MOU shall become effective on the Effective Date and shall remain effective, a aid shall be
binding on all Parties under it until final Certificates of Occupancy are issued farweach :awl all; '
structures and phases of the Project (the "Term"). The Term may be extended by the mutual ;1
written consent of Property Owner and the City Manager in the form of an Ameii`dment o this
MOU. This MOU can be terminated at any time by the mutual written agreement of both PIrties,
effective on the date agreed upon. The City may terminate this MOU if Property ()Wrier defaults
on any obligations and fails to remedy the default within sixty (60) calendar days after receiving
written notice. The City may extend the cure period at its discretion or terminate the MOU if the
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default is not cured. All termination notices must be provided in accordance with the notice
provisions set forth in Section VIII of this MOU. In the event Property Owner decides not to
proceed with the development of the Project, the Parties shall be released from any obligations
under this MOU. All termination notices must be provided in accordance with the notice provisions
set forth in Section IX of this MOU.
VI. INSURANCE AND BONDING
Property Owner shall submit to the City a certificate of insurance in an amount not less than
$1,000,000.00 per occurrence, $2,000,000.00 aggregate, and any endorsements thereto, including,
but not limited to, premises and operations liability, contingent and contractual exposures, XCU
hazards, personal and advertising injury, and products and completed operations In addition,
Property Owner agrees that additional insurance requirements as reasonably required by the City
must be provided, including but not limited to umbrella liability, or any additional requirements or
endorsements as may be applicable, in connection with the scope of services contemplated by the
permit/agreement. Exhibit 4 is referenced and incorporated herein. The certificate must reflect
primary and noncontributory language and list the City as an additional insured. The certificate
must also include coverage for all owned, hired, and non -owned vehicles with a combined single
limit of $1,000,000.00 per accident, also listing the City as an additional insured and, to the extent
applicable, must further afford coverage for worker's compensation including waiver of
subrogation subject to the statutory limits of the State of Florida. The insurance herein required
shall rernain in full force and effect during the entire term of this MOU. Additionally, the insurance
shall be subject to annual review by the City's risk management department and shall be required
to update as reasonably necessary to protect the City as set forth in this section. All insurance
policies shall be issued by companies authorized to do business under the laws of the State of
Florida with the following qualifications: The company must be rated no less than "A-" as to
management and no less than Class "VIII" as to financial strength by the latest edition of Best's
Insurance Guide published by A.M. Best Company, Oldwick, New Jersey, or its equivalent subject
to the approval of the city's department of risk management. Companies not meeting the, above
rating requirements shall submit proof of reinsurance from qualifying insurers having or xced'ding
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the required rating criteria. Certificates of insurance shall contain thirty (30) days as toehanges or
modifications with notice to the certificate holder.
VII. INDEMNIFICATION
Property Owner speak for itself, its grantees, successors, assigns, agents, enriployees; ands;
contractors, and expressly and unequivocally agrees to release, waive, forever discharg�e, covenant' °�
not to sue, defend, indemnify, and hold harmless the City, and its officers, official-; difotors,
employees, personnel, volunteers, agents, assigns, successors, representatives;' attorneys,
contractors, and all other persons, entities, organizations, instrumentalities, and corporations
affiliated therewith of and from any and all assertions, claims, demands, suits, causes of action or
claims of any nature (including by way of illustration and not limitation, actions related to property
damage, loss, injury, loss of life), all damages, losses, liabilities, damage and/or loss to any
property, expenses, costs (including, without limitation, court costs and attorney's fees, at all levels
of proceedings [administrative, trial, and appellate levels] for any and all defense, investigation,
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or processing thereof whatsoever), judgments, orders, decrees, and settlements in any way based
on, arising from, relating to, incidental to, or in connection with, directly or indirectly, in whole or
in part, any one or more of provisions or performances of this MOU by Property Owner, or its
respective employees, agents, servants, partners, principals, contractors or subcontractors, except
to the extent arising, as applicable, from the City's willful or wanton acts or omissions for all
proposed structures on the Property.
To the extent arising from a liability that is covered by the foregoing indemnification, Property
Owner shall pay all claims and losses in connection therewith and shall investigate and defend all
claims, suits or actions of any kind or nature, through counsel designated by Property Owner in
consultation with the City Attorney, in the name of the City, where applicable, including appellate,
mediation, arbitration or litigation proceedings, and shall pay all costs, judgments, and reasonable
attorney's fees which may issue thereon. Property Owner agrees that any insurance protection
provided by Property Owner and/or its contractor(s) shall in no way limit the responsibility to
indemnify, keep and save harmless and defend, as applicable, the City and its officials, officers,
employees, agents, and instrumentalities. The City shall retain the right to select counsel of its so
choosing. The indemnification obligations set forth herein shall survive the termination of any
TCO or issuance of the CO for a period co -incident with the statute of limitations period applicable
to the offending act, omission, or default.
VIII. MODIFICATIONS
Any amendments or modifications to this MOU shall only be valid when they have been reduced
to writing, duly approved, and signed by both Parties, employing the same formalities as were used
in the execution of this MOU or as otherwise indicated herein.
IX. NOTICES
All notices or other communication required or desired to be given pursuant to this MOU shall be
in writing and shall be delivered by personal service or registered or certified mail to the other
Party at the addresses indicated below. Such notice shall be deemed given on the day on which
personally served or, if by registered or certified mail, on the fifth (5th) day after mailing or the
date of actual receipt, whichever is earlier. It is the responsibility of each Party to advise the other
in writing of any changes in mailing address or personnel responsible for accepting notices under
this MOU.
CITY OF MIAMI
City Manager
City of Miami
3500 Pan American Drive
Miami, Florida 33132
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50A Property Owner LLC
Attn:
98 SE 7th Street, Suite 500 ,--_;
Miami, Florida 33131
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With copies to:
Director, Department of Resilience and Public Works
City of Miami
444 SW 2"d Avenue, 8th Floor
Miami, Florida 33130
Director, Building Department
City of Miami
444 SW 2"d Avenue, 4th Floor
Miami, Florida 33130
City Attorney
City of Miami
444 SW 2"d Avenue, Suite 945
Miami, Florida 33130
X. GOVERNING LAW & VENUE
With a copy to:
Iris V. Escarra, Esq.
Greenberg Traurig
333 SE 2nd Avenue. 44th Floor
Miami, FL 33131
This MOU shall be interpreted, construed, and enforced in accordance with, and governed by, the
laws of the State of Florida. Venue in any and all controversies, proceedings, or actions arising out
of this MOU and any action involving the enforcement or interpretation of any rights hereunder
shall lie solely in Miami -Dade County, Florida. The Parties shall bear their own attorney's fees.
XI. CONSTRUCTION
Section headings are for convenience only and are not intended to expand or restrict the scope or
substance of the provisions of this Agreement. The Parties to this MOU have participated fully in
its negotiation, and accordingly, this Agreement shall not be more strictly construed against any
one of the Parties hereto. Wherever used herein, the singular shall include the plural and plural
shall include the singular, and reference to any gender shall be held to include every other and all
genders.
XII. COUNTERPARTS
This MOU may be executed in any number of counterparts, each of which so executed shall be
deemed to be an original, and such counterparts shall together constitute but one and the"flame
MOU. The parties shall be entitled to sign and transmit an electronic signature of this -MOU `;1
(whether by facsimile, PDF, or other email transmission), which signature shall be binding of the =-{
party whose name is contained therein. a r-o
XIII. SUCCESSORS AND ASSIGNS
•
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This MOU shall be binding upon the Parties hereto, and their respective heirs, executors,4egal
.�.
representatives, successors, and assigns. ":' c:a
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24-2477 COM FINAL
Memorandum of Understanding
City and 50A Developer LLC
Reso. [ J
XIV. SEVERABILITY
If any provision of this Agreement is determined by a court of competent jurisdiction to be invalid,
illegal, or otherwise unenforceable under the laws of the State of Florida, then such provision shall
be deemed severable, with the remaining provisions remaining unmodified and in full force and
effect.
XV. ENTIRE MOU
This instrument, and its attachments, constitutes the only MOU of the Parties hereto relating to the
subject matter hereof and correctly sets forth the rights, duties, and obligations of each to the other,
as of this date. No other agreement, oral or otherwise, regarding the subject matter of this MOU
shall be deemed to exist or bind the Parties.
[signatures on following page]
11
24-2477 COM FINAL
CD
Memorandum of Understanding
City and 50A Developer LLC
Reso. [
IN WITNESS WHEREOF, the Parties hereto have caused this Agreement to be executed
by their respective officials thereunto duly authorized, this day and year above written.
CITY OF MIAMI, A Florida Municipal 50A DEVELOPER, a Delaware limited liability
Corporation company
By: By:
Arthur Noriega V., City Manger
Name:
Attest:
Title:
By:
Todd Hannon, City Clerk
Approved as to Legal Form and Correctness:
By:
George K. Wysong III, City Attorney
12
24-2477 COM FINAL
—1D
CZ)
CD
Memorandum ofUnderstanding
City and 50ADeveloper llC
Exhibit
Legal Description
Tracts ^J^ arid ^K', BR|CKELL KEY ON CLAUCHTON KSL41D SECTION FIVE, according to the Hot
thor*nf, as recorded in Plot Book 153' Page 58, of the Public Records of Miami —Dodo County'
AND
Tracts "8~ and I". CLAUCHT0N SUBDIVISION ON CLAUGHTON ISLAND' according to the Mot
thereof, as recorded 1n Plot Book 133' Page 16' of the Public Haoon]e of Miami —Dade County,
Roddo'
AND
Tract ^E^ FIRST ADDITION TO CLAUCHTON SUBDIVISION ON CLAUGHTON |SLAND, according to the
Plot thereof, as recorded in Plat Book 140. Pogo 95. or the Public Records of Nliomi—Dode
County, Florida,
LESS AND EXCEPT o 12—footBoywo|k described and recorded in Officid Records Book 20587.
Poy, 4815' of the Public Records of Wiomi—Dode County' Florida,
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Memorandum of Understanding
City and 50A Developer LLC
Reso. [
Exhibit 2
Resolution No.
14
24-2477 COM FINAL
Memorandum of Understanding
City and 50A Developer LLC
Reso. [ 1
Exhibit 3
NOISE MANAGEMENT PLAN
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24-2477 COM FINAL
CD
MySS
The Residents at The Mandarin Oriental Miami
The Residents at The Mandarin Oriental Miami
Noise Mitigation Plan
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15-001
MySS
The Residents at The Mandarin Oriental Miami
NOISE MANAGEMENT PLAN
MCMS
500 Brickell Key Drive
Miami, Florida
Table of Contents
1 Description of Work 3
2 Site Plan and Location Map 3
3 Legal Description 4
4 Justification for Work... 4
5 Contractor Contacts 5
6 Equipment 5
7 Noise and Vibration Predictions 5
8 Noise and Vibration Control Measures 6
9 Complaint Response 5
9.1 Procedure and recording of complaints 5
9.2 Community notification 5
10 Appendices 6
10.1 Site Plan & Location Map 6
10.2 Community Notification 6
10.3 Community Notification Distribution Area 6
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Noise Management Plan for: The Residents at The Mandarin Oriental Miami
- The typical workday starts at 6:00 am and closes at 8:00 pm
- Conditions other than typical workday, see description of work below
2 Description of Work
Early morning Concrete Pours start at 5:00am
- Commencement Date and Duration of Work:
o Year 2025 to 2030
o Early Morning Concrete Pours would take place Monday — Saturday
Use of stationery and mobile construction equipment Start time 5:00 am
o Generator Powered Light Towers [Until project has Temp Power from FPL]
o All Terrain Forklifts, Concrete Delivery trucks, Concrete Pump
o Vibrators and Power Concrete Finishing tools
Site Utility installation, Asphalt Milling, Grading and Paving Start 8:00pmto6:00am
- Commencement Date and Duration of Work:
o Excavators, Front End Loaders, Vibratory Roller Compaction, Plate
Compactors, Dump Trucks for export and import of fill to site
Augercast Pile Installation Start 6:00 am
o Augercast Pile Drill Rig, All terrain Forklift, Concrete delivery trucks [Grout]
power concrete pneumatic and air compressor chipping tools
Foundations & Dewatering Start 6:00 am
o *Dewatering Pumps run 24/7 due to the nature of the task
o Concrete Delivery trucks, Concrete Pump
o Vibrators and all terrain forklifts
3 Site Plan & Location Map (see Figure 1)
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4 Legal Description:
PROPERTY INFORMA
Ram: 01A201-003.0010
Subllmsl00
BRICKEIL KEY ON CLAUGNFON ISLVIO
Property AOdnaa
5t0 G2ICKCf ELY t6
Owner
SArRE 0RCKELLACv 1101E LTO
Mding Address
02 SC %TII ST STE501
69351: FL 33'' 3,.3530
PA Pommy Zoos
6405 CEI1.GI I ONStt 00RCCRS CO
Primary Land Ilse
2021110TC-0R MOTEL-110TL
Beds Batlndlalt 329/329/0
Floors 20
Living Units 326
Actual Ana
Living Area
Adjusted Area S2702a Sort
Lot 5'0e 120223 SO.Ft
Year Bndt 3005
The Residents at The Mandarin Oriental Miami
5 Justification for Work:
o Construction Industry Logistics, as is with many other industries; face
unforeseen hardship with the ability to get material and equipment to the site.
Being severely impacted and forcing the project to be more flexible in the daily
site operation hours.
• Material items that were generally available have become severely
restricted and rationed while demand is at an industry wide high.
• Globally sourced material and equipment have uncertain lead and
delivery times.
■ This global intermodal transportation and logistics bottleneck presents a
significant challenge for any large-scale construction project. In this
case, the development consists of two towers, one rising to 871 feet
and the other to 426 feet set atop a 43-foot podium.
• This type of project is heavily dependent upon timely deliveries of Concrete,
Steel, Aluminum, Glass and mechanical equipment, all impacted by the
global materials and supply chain issues.
o Early morning hours will assist with the acceleration of the overall project
schedule and subsequently lessen the impact of construction on surrounding
residential neighborhoods and businesses.
o Early morning concrete pours will help reduce construction traffic on the Brickell
Key Bridge leading to the island. This measure will also support the overall
quality of life for residents and visitors, particularly given the high volume of
pedestrians exercising in the area.
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The Residents at The Mandarin Oriental Miami
6 Contractor Contacts
Moss Construction — Mandarin Oriental Project Team:
Name
Position
Contact Number
Carlos Diaz
Superintendent
786-299-9248
Mark Cummings
General Superintendent
305-762-2901
Javier Gonzalez
Sr. Project Manager
786-9424475
Mark Hammerschmidt
Project Executive
786-693-0222
Olenka Namuche
Project Manager
305-588-2359
7 Equipment
The equipment used for construction work is the quietest reasonably available.
Equipment that may generate noise during Concrete Pours is the following:
o Concrete Trucks
o Concrete Pumps
o Concrete Vibrators
o Back-up Alarm on Construction Equipment
- The duration of use of equipment and/or period of work will vary depending on pour
size or task being performed. Noise generated will be intermittent based on specific
activity taking place (i.e. — back-up warning alarm from trucks, concrete vibrators, pump
trucks, etc...)
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8 Noise and Vibration Predictions
Construction Equipment Predicted Noise Emissions
The predicted noise emissions for typical construction equipment can be found in the U.S.
Department of Transportation Federal Highway Administration (FMVA) documentation.
This data provides A -weighted sound levels (in decibels; dBA) for various types of construction
equipment at a distance of 50 feet from the source.
Common examples include:
Equipment Type Typical Noise Level (dBA at 50 ft)
Concrete Mixer Truck 85
Concrete Pump 82
Cranes (Mobile) 81
Dozer 85
Excavator 85
Front -End Loader 80
Generator 81
Jacichammer 88
Pile Driver (impact) 101
Pneumatic Tools 85
Truck (Dump, Haul) 84
Vibratory Roller 85
Official Source:
The full list and technical methodology can be found in the_FILWA_s. "Roadway Construction
Noise Model (RCNM)".1
FHWA Construction Equipment Noise Levels
You can also download the RCXvI software and reference manual for more precise modeling:
FHWA RCNM Resources
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The Residents at The Mandarin Oriental Miami
9 Noise and Vibration Control Measures SAMPLE BELOW
- Only the equipment necessary for Early Morning Concrete Pours, Augercast
Piles and Site Work will be utilized prior to normal Construction operation hours
of6AMto8PM.
o Concrete Truck back-up alarms will be switched to ambient white noiseto
lessen noise emissions by 18 dBA.
o On -site traffic patterns will be coordinated to minimize backing up
movement.
o Concrete deliveries will be sequenced appropriately to reduce the amountof
idling Concrete Trucks.
o We will not allow long haul deliveries to lay up [idling] at the site or
surrounding roads should they arrive off hours.
Heavy vibration is not anticipated during concrete pours. However, if heavy
vibratory activities are required during Early Morning Concrete Pours, Augercast
Pile installation or Site Utility Task, we have an on -going contract with NV5 to
perform vibration monitoring when necessary.
- We have installed a 6-foot-tall perimeter fence with a full privacy screen around
the building site. In areas requiring mobility, we are using water -filled traffic
barriers with attached fencing and privacy screens. For more permanent sections,
a standard 6-foot-tall fence has been installed. Additionally, a fixed 6-foot fence
with privacy netting has been installed along the seawall to maintain visual
separation and safety.
10 Complaint Response
9.1 Procedure and recording of complaints
The Moss Construction — Mandarin team will be responsible for logging
and responding to all complaints
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11 Community notification
- Moss Construction will post Community Notification Placard around the project
site on the perimeter fence and on Association announcement boards in the
adjacent apartment buildings.
• Notifications placard
•
•
•
•
[Notice Measuring minimum 16" x 20" with 2" letters] posted
and will identify Early Morning Concrete Pours and will be
updated 48 hours prior to the Scheduled Pour or otheractivity
Date.
As part of our commitment to clear and consistent communication for The
Residences at the Mandarin Oriental Miami, all community updates and
construction -related notifications will be coordinated through the Brickell
Key Master Association (BKMA) and distributed via the Brickell Key
newsletter, which is shared weekly with all residents on the island.
Currently, there are approximately 3,000 residents on Brickell Key, and
each of them receives this newsletter, ensuring comprehensive community
coverage.
When necessary or upon approval, additional notifications may also be
provided directly to individual condominium associations or posted in their
building mailrooms. This layered communication approach ensures that
residents and stakeholders remain informed throughout the course of the
project.
Please refer to Appendix 11.2 for the Community Notification Letter and
the full distribution area.
12 Appendices
11.1 Site Plan & Location Map
11.1.1 Figure 1 Mandarin Site Logistic Plan
11.1.2 Figure 2 Waterfilled Barrier and Acoustical Enclosure
11.2 Community Notification Draft Copy
11.3 Community Notification Distribution Area
11.4 Equipment Predicated Noise Emission
Cal
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MANDARIN ORIENTAL
BISCAYNE BAY
Noise Mitigation Logistics Plan
BISCAYNE BAY
MOSS
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4)1LJBLIC NOTICE*
EARLY MORNING CONCRETE POUR
ADVISORY
The Residents At The Mandarin Oriental Miami
500 Brickell Key Dr.
Please be advised that we will be conducting an Early Morning Concrete Pour
Tuesday, July 29th, 2025, from 4:30 AM to 5:00 PM.
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Community Notification Distribution Area
All Resident Communications Through Brickell Key Master Association
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The Residents at The Mandarin Oriental Miami
Effective Noise Control During Nighttime Construction
Workshops > Reduced Demand
Introduction
In recent years there have been fundamental changes in the types of projects that Departments of
Transportation (DOT) are constructing. Today a significant number of projects are urban
widening/rehabilitation work where daylight construction closures of the routes cause
unacceptable congestion problems. Therefore, because of the high traffic volumes during the
normal workday on these major urban transportation corridors, it is usually only possible to
perform construction operations during the nighttime.
Departments of Transportation are writing into the specifications for these projects' severe
restrictions on when a contractor can execute the work. Typically, the work must be performed
at night. In turn, these nighttime work requirements precipitated disturbances to adjacent
• property owners. When residents complain the path of their complaints is often through their
• local government. Additionally, the resulting complaints are coming during a climate of national
concern about the adverse effects of environmental noise.
In the conduct of their construction and rehabilitation programs agencies struggle with three
interested and impacted parties that must be satisfied.
11.4.1 The driving public both commercial and private
11.4.2 The community through which the transportation corridortraverses
11.4.3 The construction contractors
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This is a compilation of methods and techniques for mitigating nighttime construction- . ;:))
nuisances. Mitigation is a critical requirement for serving the traveling public, for condiict ng . -a
DOT business in a responsible manner, and for preparing valid contract documents.
Problems
CD
The major nuisances associated with the nighttime construction are noise, vibration, and
illumination. Noise problems are normally caused by the operation of heavy equipment and
specifically by vehicle and machine backup alarms, Table 1. Vibration problems are primarily a
result of pile driving, blasting operations, or the use of vibratory rollers. While good illumination
is necessary for the work to proceed at night and for the safety of the traveling public, proper
work zone illumination can be very intrusive to project neighbors. There is also concern by
Departments about exposure to possible contractor claims if noise objectives are not properly
presented in the contract documents.
A telephone survey of state DOTs found that many require adherence to certain noise (decibel)
limits during nighttime construction. In many cases these limits are the consequence of specific
local ordinances.
Some Departments indicated that they could receive local ordinance waivers rather easily. Other
Departments stated that they had jurisdiction over the local municipalities in these matters, but
they tried to abide by the local ordinances.
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The Residents at The Mandarin Oriental Miami
TABLE 1. Critical Nighttime Construction Noise Generators
Noise Generator Percent of DOTs identifying as Cause of Problems*
Back-up Alarms 41%
Slamming Tailgates 27%
Hoe Rams 24%
Milling/Grinding Machines16%
Earthmoving Equipment 14%
Crushers 6%
*As rated by the 50 State DOTs
Sound
The human ear does not judge sound in absolute terms but instead senses the intensity of how
many times greater one sound is to another. A decibel is the basic unit of sound level; it denotes
a ratio of intensity to a reference sound. Most sounds that humans are capable of hearing have a
decibel (dB) range of 0 to 140. A whisper is about 30 dB, conversational speech 60 dB, and 130
dB is the threshold of physical pain, Fig. 1.
Figure 1. Representative Noise Levels
Noise levels tested (in increasing decibel level) include sound studio (20 dB), quiet oJJ1e (4O `;
dB), conversation (60 dB), noisy restaurant (75 dB), chain saw (120 dB), jet plane 14.-g dBtand
Saturn rocket (200 dB).
ry
Sound and noise are not the same thing, but sound becomes noise when:
11.4.4
11.4.5
11.4.6
11.4.7
11.4.8
It is too loud
It is unexpected
It is uncontrollable
It occurs unexpectedly
It has pure tone components
Noise is any sound that has the potential to annoy or disturb humans or cause an adverse
psychological or physiological effect on humans. In the case of the general population a 5 dBA
change is required before most people realize there is a perceptible sound difference.
The noise levels generated during the construction process vary depending on the type of
equipment and the nature of the work being performed. It should be recognized that noise
impacts can be severe, especially during nighttime activities, and that in many cases simple noise
mitigation strategies will not suffice.
Noise generation on most construction projects is the result of equipment operation with diesel
engines being the primary generators. Equipment components that generate noise include the
15-013
Mt ASS
The Residents at The Mandarin Oriental Miami
engine, cooling fan, air intake, exhaust, transmission, and tires. In assessing noise generation,
construction equipment can be grouped into two categories, stationery and mobile. Equipment
noise can also be categorized as being either continuous or impulse in nature. Stationary, r
equipment is considered to operate in one location for one or more days at a time; pumps, 'n
generators, compressors, screens, are typical examples of stationary equipment. In addition,(pile
drivers and pavement breakers are sometimes categorized as stationary equipment. Mobile is
equipment includes machinery that performs cyclic processes such as bulldozers, scrapers,
loaders, and haul trucks.
r-- CD
Equipment Noise
MC)Ss
Equipment
Typical Noise Level (dBA) @ So ft (LOOT 1979)
Average Noise Level NBA) @ 50 ft (CAJT 1994)
Lmax Noise Level (dBA) 501t (CAA
199S)
Air Compressor
85
81
80
Backhoe
84
83
80
Chain Saw
85
Compactor
82
82
80
Compressor
90
85
80
Concrete Truck
81
85
Concrete Mixer
85
85
Concrete Pump
82
82
Concrete Vibrator
76
80
Crane, Derrick
86
87
88
Crane, Mobile
87
83
85
Dozer
88
84
85
Drill Rig
88
85
Dump Truck
84
84
Excavator
85
Generator
84
78
81
Gradall
86
85
Grader
83
85
85
Hoe Ram
85
90
Impact Wrench
85
85
Jackhammer*
89
88
85
Loader
87
86
85
Paver
80
89
85
Pile Driver, Impact
101
101
95
Pile Driver, Sonic
96
95
Pump
80
85
77
Rock Drill
98
85
Roller
74
80
Scraper
89
89
85
Slurry Machine
91
82
Slurry Plant
78
Truck
89
85
88
Vacuum Excavator
85
MC)SS
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The Residents at The Mandarin Oriental Miami
Targeted Equipment Noise Control Strategies
Slamming Tailgates
• Establish designated truck cleanout staging areas to minimize random dumping noise.
• Install rubber gaskets to cushion tailgate closures.
• Instruct drivers to decrease closure speed to reduce slamming impacts.
Pavement Breakers (Jackhammers)
• Utilize bottom -dump trucks to eliminate loud tailgate operation during debris disposal.
• Ensure all pavement breakers and jackhammers are fitted with manufacturer -approved
exhaust mufflers.
• Prohibit use within 200 feet of any noise -sensitive location during nighttime hours.
Ambient -sensitive self-adjusting backup alarms increase or decrease their volume based on
background noise levels. These alarms work best on smaller equipment such as backhoes and
trucks. The alarm self -adjusts to produce a tone that is readily noticeable over ambient noise
levels (a minimum increment of 5 decibels is typically considered readily noticeable), but not so
loud as to be a constant annoyance to neighbors. The typical alarm adjustment is 82 or 107
dBA. Close attention must be given to the alarm's mounting location on the machine to
minimize engine noise interference, which can be sensed by the alarm as the ambient noise
level. These alarms should be mounted as far to the rear of the machine as possible. An alarm
mounted directly behind a machine's radiator will sense the cooling fan's noise and adjust
accordingly, Figure 2. Such a mounting will negate the purpose of the device.
Manually adjustable alarms are effective in reducing backup alarm noise nuisance, but their use
requires that each alarm be set at the beginning of each day and night shift. The manual setting
feature eliminates the machine mounting location problem of the ambient -sensitive self-adjusting
backup alarms. The manually adjustable alarms typically have an 87 and 107 dBA setting range,
with the 87 dBA setting used for nighttime operations. v�
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Noise Mitigation { =
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Noise Mitigation and Control Measures
The Residences at the Mandarin Oriental Miami
Community Noise Impact
In urban construction projects such as The Residences at the Mandarin Oriental Miami, the total
noise output of the jobsite—not just the loudest equipment —often has the greatest effect on nearby
residents. Effective noise mitigation is about managing the perceived sound field at the receiver,
ensuring that the overall impact remains within acceptable limits.
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The Residents at The Mandarin Oriental Miami
To accomplish this, noise mitigation strategies must address three key areas:
• Source control
• Path control
• Receptor control
Source Controls
Figure 2 illustrates a self-adjusting backup alarm mounted in the wrong position.
Figure 3 shows the Noise Transfer Situation, highlighting how:
• A pile driver creates ground -borne vibration, and
• Loaders and trucks produce airborne sound, including reverberation, that reaches the
receiver.
Source control is the most effective and direct method for eliminating construction noise.
Mitigating noise at the source reduces impact across the entire site, not just for selecting neighbors
or areas. It is also the easiest to implement and monitor daily.
Required Construction Operations Planning
To support source control, the following operational strategies will be implemented on the project:
• Restrict unnecessary movement of equipment through and into the site.
• Reroute construction truck traffic away from residential streets wherever feasible.
• Impose seasonal limitations on noisy work during spring and fall, when windows are
typically open.
• Configure site access to reduce or eliminate backing maneuvers, which trigger alarm
systems.
Example Specification:
Construction access should be designed to allow trucks to circulate through the site without
reversing. _51
Require Modern Equipment
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Moss requires that all contractors use well -maintained, modern equipment that meets or `exce»
DOT noise emission standards. Newer equipment is typically quieter thanks to:
• Better engine mufflers
• Improved fan design
• Enhanced hydraulic systems
Unions recognize noise as an occupational hazard and even recommend that workers "ask
contractors to buy quieter equipment." This project will adopt that standard.
Equipment Restrictions
15-016
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The Residents at The Mandarin Oriental Miami
To minimize disturbances to the Brickell Key community, the following restrictions will apply:
• Impact pile drivers shall be prohibited during evening and nighttime hours.
• All jackhammers and pavement breakers must be fitted with manufacturer -approved
exhaust mufflers.
• Pneumatic impact equipment (e.g., jackhammers, breakers) will be prohibited within 200
feet of any noise -sensitive area during nighttime work.
• The local power grid shall be used where possible. No generator larger than 25 KVA may
be used, and all generators must have maximum muffling features.
• All variable message/sign boards must be solar -powered or connected to the local grid
Low -Power Equipment and Alarms
• Backup alarms must be manually adjustable or ambient -sensitive.
• Vac -trucks, hoe -rams, and similar high -noise equipment must operate at the lowest feasible
power setting
• Contractors are encouraged to use electric or hydraulic equipment when available, for
example, electric tower cranes instead of diesel -powered units
Path Controls
When source controls alone are not sufficient, path control offers a secondary mitigation method.
This is especially important in close -proximity environments like Brickell Key, where residents and
businesses may be directly adjacent to the construction site.
Noise barriers should be:
• Practical
• Cost-effective
• Aesthetically compatible with the surrounding community
These systems should not block access or create new hazards.
Path Mitigation Techniques
Three key techniques for path -based noise control include:
• Distance: Increasing space between the equipment and the receiver
• Reflection: Deflecting sound away from sensitive areas
• Absorption: Using enclosures or materials to reduce sound energy
Enclosures around noisy equipment can provide a 10-20 dBA reduction in sound levels. These also
help address visual impact, which can influence how residents perceive noise
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The Residents at The Mandarin Oriental Miami
Conclusions
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A significant number of future construction projects in the City of Miami will take place in actin, higj�-
density urban environments like Brickell Key. For The Residences at the Mandarin OrientaliVfmni, Moss
recognizes the importance of conducting a proactive assessment of potential noise nuisances btfore cer�tracts
are awarded or work begins. Given the scale and complexity of this project, noise generated by eavyp
equipment must be carefully planned for and controlled. r' `—
Moss takes great pride in working within the City of Miami and is fully committed to being a
respectful and responsible neighbor to the residents of Brickell Key. Communication with the
community and ensuring the safety of residents, pedestrians, and visitors is our highest priority. We
will make every effort to minimize disruptions and will strictly adhere to the procedures outlined in
this Noise Management Plan.
Our approach prioritizes source control, the most effective method for mitigating construction
noise. By using modern equipment with enhanced engine insulation, mufflers, and noise -reduction
features, we reduce sound emissions at the source. This not only helps maintain a peaceful
environment but ensures consistent noise mitigation across the entire site, rather than relying solely
on isolated barriers or reactive measures.
15-018
Memorandum of Understanding
City and 50A Developer LLC
Reso. [ J
Exhibit 4
INSURANCE REQUIREMENTS FOR A CERTIFICATE OF INSURANCE
MOU 50 A DEVELOPER LLC
I. Commercial General Liability
A. Limits of Liability
Bodily Injury and Property Damage Liability
Each Occurrence $1,000,000
General Aggregate Limit $2,000,000
Products/Completed Operations $1,000,000
Personal and Advertising Injury $1,000,000
B. Endorsements Required
City of Miami listed as an additional insured
Explosion, Collapse and Underground Hazard
Primary Insurance Clause Endorsement
Independent and Sub -Contractors Included
II. Business Automobile Liability
A. Limits of Liability
Bodily Injury and Property Damage Liability
Combined Single Limit
Any Auto
Including Hired, Borrowed or Non -Owned Autos
Any One Accident $ 1,000,000
CZ
B. Endorsements Required
City of Miami included as an additional insured
III. Worker's Compensation Limits of Liability (Part A): Statutory, per State of
Florida
Employer's Liability
Limits of Liability (Part B)
$1,000,000 for bodily injury caused by an accident, each accident.
$1,000,000 for bodily injury caused by disease, each employee
$1,000,000 for bodily injury caused by disease, policy limit
Waiver of subrogation
16
24-2477 COM FINAL
Memorandum of Understanding
City and 50A Developer LLC
Reso. [ J
IV. Umbrella Policy
A. Limits of Liability
Bodily Injury and Property Damage Liability
Each Occurrence $ 5,000,000
Aggregate $ 5,000,000
City of Miami listed as an additional Insured.
Coverage is excess follow form over all liability polices contained herein.
VII. Payment and Performance Bond $TBD
City listed as Obligee
The above policies shall provide the City of Miami with written notice of cancellation or
material change from the insurer in accordance to policy provisions.
Companies authorized to do business in the State of Florida, with the following qualifications,
shall issue all insurance policies required above:
The company must be rated no less than "A-" as to management, and no less than "Class V"
as to Financial Strength, by the latest edition of Best's Insurance Guide, published by A.M.
Best Company, Oldwick, New Jersey, or its equivalent. All policies and /or certificates of
insurance are subject to review and verification by Risk Management prior to insurance
approval.
17
24-2477 COM FINAL
L A
It IF
City of Miami
Legislation
Resolution
City Hall
3500 Pan American Drive
Miami, FL 33133
www.miamigov.com
File Number: 17881 Final Action Date:
A RESOLUTION OF THE MIAMI CITY COMMISSION AUTHORIZING THE CITY
MANAGER TO NEGOTIATE AND EXECUTE A MEMORANDUM OF
UNDERSTANDING ("MOU"), IN A FORM ACCEPTABLE TO THE CITY ATTORNEY,
WITH 50A DEVELOPER, LLC, A DELAWARE FOR PROFIT CORPORATION, TO
FACILITATE THE SIMULTANEOUS REHABILITATION AND REPAIR OF THE
BRICKELL KEY BRIDGE AND THE REDEVELOPMENT OF PROPERTIES LOCATED
ON BRICKELL KEY; FURTHER AUTHORIZING THE CITY MANAGER TO
NEGOTIATE AND EXECUTE ANY AND ALL DOCUMENTS, IN A FORM
ACCEPTABLE TO THE CITY ATTORNEY, FOR SAID PURPOSE.
WHEREAS, 50A Developer LLC, a Delaware limited liability company ("Developer"), is
preparing to redevelop the properties located at 750 Claughton Island Drive and 500 Brickell
Key Drive, located on Brickell Key in Miami, Florida; and
WHEREAS, Brickell Key is an island that is only accessible via the Brickell Key Bridge
("Bridge") and the City of Miami ("City") is preparing to repair Bridge; and
WHEREAS, the Developer and City will be working simultaneously on Brickell Key and
the proposed Memorandum of Understanding ("MOU"), in a form acceptable to the City
Attorney, will effectuate redevelopment of properties on Brickell Key and repair of Bridge
between the parties; and
WHEREAS, the MOU outlines the responsibilities and timelines of both parties, including
mitigation of the resulting traffic disruption and noise that will result due to the size of these two
projects; and
WHEREAS, it is in the best interest of the residents of Brickell Key and the community
for the parties to memorialize their understanding of the two projects;
NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF
MIAMI, FLORIDA:
Section 1. The recitals and findings found in the Preamble to this Resolution are
adopted by reference and incorporated as if fully set forth in this Section.
Section 2. The City Manager is authorized' to negotiate and execute a MOU, in a form
acceptable to the City Attorney, for said purpose.
Section 3. The City Manager is authorized' to negotiate and execute any and all
documents, in conformity with this Resolution, in a form acceptable to the City Attorney, for said
purpose.
1 The herein authorization is further subject to compliance with all legal requirements that may be
imposed, including but not limited to those prescribed by applicable City Charter and City Code
provisions.
Section 4. This Resolution shall become effective immediately upon its adoption.
APPROVED AS TO FORM AND CORRECTNESS:
ige Wyk, ng 111, City ttor "ey 7/15/2025