HomeMy WebLinkAboutR-91-0566v
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J-91-621
7/25/91
RESOLUTION NO.
91- 66
A RESOLUTION, WITH ATTACHMENTS, ACCEPTING A
GRANT IN THE AMOUNT OF TEN THOUSAND SEVEN
HUNDRED AND EIGHTY DOLLARS ($101780) FROM THE
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
HIGHWAY BEAUTIFICATION COUNCIL THROUGH THE
DOWNTOWN DEVELOPMENT AUTHORITY ("DDA") TO
PROVIDE LANDSCAPE/STREETSCAPE IMPROVEMENTS ON
SOUTHWEST EIGHTH STREET BETWEEN
WEST/SOUTHWEST FIRST AVENUE AND
EAST/SOUTHWEST FIRST AVENUE, MIAMI, FLORIDA,
SUBJECT TO MATCHING FUNDS ($34,856) TO BE
PAID BY DDA AND THE BRICKELL AREA
ASSOCIATION; AND AUTHORIZING THE CITY MANAGER
TO EXECUTE THE NECESSARY AGREEMENTS, IN
SUBSTANTIALLY THE ATTACHED FORM HERETO, TO
IMPLEMENT THE PROGRAM; AND REQUIRING FURTHER
CITY COMMISSION APPROVAL OF THE
LANDSCAPE/STREETSCAPE PLANS PRIOR TO
IMPLEMENTATION.
WHEREAS, the State of Florida Department of Transportation
Highway Beautification Council provides cities with funds to
beautify State Roads and Highways; and
WHEREAS, the City of Miami Commission adopted Resolution
No. 88-976 authorizing the City Manager and the Downtown
Development Authority to apply for a Highway Beautification Grant
from the State of Florida Department of Transportation for the
Brickell Area Southwest Eighth Street Beautification Project; and
WHEREAS, the State of Florida Department of Transportation
Highway Beautification Council has awarded a Grant to the City of
Miami and the Downtown Development Authority in the amount of Ten
Thousand Seven Hundred Eighty Dollars ($10,780); and
WHEREAS, acceptance of the Grant requires matching funds of
Thirty -Four Thousand Eight Hundred Fifty -Six Dollars ($34,856);
and
WHEREAS, the Downtown Development Authority and the Brickell
Area Association will undertake to identify the funds to cover
the required local match; and
WHEREAS, although the selected plantings require minimal
maintenance, the Downtown Development Authority and the City of
: /�TT� CHMEN1 S
CONTAINED
cm COMMSION
MEETING OF __.,-
JUL 25 1991
91 -r 566
mile== ft
Miami Department of public Works will undertake the necessary
maintenance; —
NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY
OF MIAMI, FLORIDAt
Section 1. The recitals and findings contained in the
Preamble to this Resolution are hereby adopted by reference
thereto and incorporated herein as if fully set forth in this
Section.
Section 2. The City Commission hereby accepts the Grant
from the State of Florida Department of Transportation in the
amount of Ten Thousand Seven Hundred Eighty Dollars ($10,780) to
provide Landscape/Streetscape Improvements along Southwest Eighth
Street between West/Southwest First Avenue and East/Southwest
First Avenue, Miami, Florida.
Section 3. Authorization to accept this Grant is subject
to local matching funds of Thirty -Four Thousand Eight Hundred
Fifty -Six Dollars ($34,856) being secured by the Downtown
Development Authority and the Brickell Area Association in
compliance with all requirements that may be imposed by the City
Attorney, including, but not limited to, those prescribed by
applicable City Charter and Code provisions.
Section 4. The City Manager is hereby authorized to
execute the necessary agreements, in substantially the attached
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form hereto, to implement said program upon confirmation and
written acknowledgment by the City Attorney that the required
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matching funds have been secured.
Section 5. Prior to the awarding of contracts pursuant to
the subject Grant, the Downtown Development Authority shall --
obtain City Commission approval of implementing
landscape/streetscape improvement plans.
Section 6. This Resolution shall become effective
immediately upon its adoption.
a
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PASSED AND ADOPTED this 25t
ATTES
MATT IRAI
CITY CLERK
PREPARED AND APPROVED BY:
ATTORNEY
APPROVED AS TO FORM AND
CORRECTNESS:
JO GE L. ANDEZ
CI Y ATTORNE
JEM/db/M2387
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_JW.IGHWAY BEAUTIFICATION GRANT
MEMORANDUM OF AGREEMENT
THIS AGREEMENT, made and entered into this day of
19 , by and between the STATE OF FLORIDA DE—PARTMENT OF TRANSPORTATIUN,
a component a ency of the State of Florida, hereinafter called the "DEPARTMENT"
and the Cl7ti%�=il, a political subdivision of the State of Florida,
existing undtr the Laws of Florida, hereinafter called the
W I T N E S S E T H
WHEREAS, as a part of the continual updating of the State of Florida
Highway System, the Department, for the purpose of safety, protection of
the investment and other reasons, has created roadside areas/median strips
on the highway facilities outlined in Attachment "A" within the corporate
limits of the O( t e '*161#11and
WHEREAS, the Cfir�,a1101 is*of the opinion that said
highway facilities that' contain j2&41ous 69CC/65 shall be
r.A6uw►1 Yb126ILS -r0 1Af#A4U1✓ � 1 AST/4ERC &uAL.ITV of
WHEREAS, the parties hereto mutually recognize the need for entering
into an Agreement designating and setting forth the responsibilities of
each party; and
WHEREAS, the by Resolution No. dated
19 attached ereto and by this reference made a part
ereof, desires to enter into this Highway Beautification Grant Agreement
and authorizes its officers to do so.
NOW THEREFORE, for and in consideration of the mutual benefits to flow
each to the other, the parties covenant and agree as follows:
1. The • C'l%y Of /l//Iol/ shall install landscaping on the
highway facilities oijtlined in Attachment 7V as specified in plans and
specifications included as Attachment "B" with the following exceptions:
The landscape installation to be performed by the C�j Olj4�
shall be subject to periodic inspections by the Departmuch
inspection findings will be shared with the C l - and
shall be the basis of all decisions re arding payment r uction, reworking
or agreement termination, The /' shall not change or
deviate.from said plans without written'approval y the DEPARTMENT.
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2. If at any time after the I✓'/ 4 //�lL! / has assumed the
the landscaping installation responsibility above -mentioned, it shall come to
the attention of the Department's District Secretary that the installation
is not being performed pursuant to the terms of this Agreement, said
District Secretary may at his option issue a written notice that a
deficiency or defi iencies exist(s), sending _
a certified letter in care o C N 1V 66-X Ib / ! ,
on notice th rea .
Thereafter the cljK shall have a period of thirty (30) days within
which to correct the'cited deficiencies. If said deficiencies are not
corrected within this titre period, the Department may at its option,
proceed as follows:
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(a) Complete the installation or part thereof, with the
Department or an independent contractor's personnel
and deduct the cost of such work from the
payment for said work or part thereof, or
(b) Terminate Agreement in accordance with Paragraph 5
of this Agreement and remove, by Department or an
independent contractor's personnel, all of the
LAt-O " ri Gr_ installed under this Agreement or
any prece ing agreements except as to
and charge the CZ for t e reasonable
cost of such removal.
3. It is understood between, the parties hereto that the .landscaping
covered by this Agreement may be removed, relocated or adjusted at any time
in the future as determined to be necessary by the Department in order that
the adjacent state road be. widened altered or otherwise changed to meet
with future criteria or planning of the Department. The C1
shall be given sixty (60) calendar days notice to remove said c / WC -
after which time the Department may remove said __LAwg $-C 4Jjry G-_ .
4 The Department agrees to pay to the C1 T the total
SUM off d/ ,VO "DC or 50% of the total project ost as defined in
Attachmen C ,-Whichever is less. Subject to this limit, the Department
will pay only for those costs which are allowed by Section 339.2405(11)
Florida Statutes:
(a Sprinkler/irrigation system (purchase and installation)
(b Plant materials and fertilizers/soil amendments
(c Equipment and labor
The Department's participation in the project cost, as described in
Attachment "C", is limited to only those items which are directly related
to this project. Project costs incurred prior to the Effective date of
this Agreement will not be considered in determining the De artment's 50"
participation. The 50% payment shall not be made until certification
of acceptance is received from the C/7Y Landscape
Architect; (2) the highway Beautification CdUncil has-1-n—spected or waived
it's inspection right's for the project; and (3) a Department Landscape
Architect or his designee has approved the project for final payment.
A ninety (90) day grow -in period will be required after project completion.
Certification of acceptance and inspection by the council may be requested
sixty (60) days after project completion. Upon receipt of certification
of acceptance and inspection approval, the CON may submit invoice for
final payment.
(a) Payment shall be made only after receipt and approval
of goods and services as provided in Section 215.42,
Florida Statutes.
(b) Any penalty for delay in payment shall be in accordance
with Section 215.422(2)(b), Florida Statutes.
(c) Bills for fees or other compensation for services or
expenses shall be submitted jn detail sufficient for a
proper preaudit and postaudit thereof, and that bills
for travel expenses specifically authorized by this
Agreement shall be submitted and paid in accordance with
rates specified in Section 112.061, Florida Statutes,
(d) Records of costs incurred under tees of this Agreement
shall be maintained and made available upon request to
the Department at all times during the period of this
Agreement and for three dears after final payment is made.
Copies cf these dccuments'and records shall be furnished
to the Department u 7 request. Records of costs incurred
includes the C /%p f general accounting
records, oget r with supporting ocuments and records,
of .the Cl and all subcontractors
performing work', an a 'f o_t er records of the G
and subcontractors considered necessary by the �Vepar ent
for a proper audit of costs.
(e) The. CC LZ agrees to return all monies received
under the tEirms o this Grant Agreement, to the Department,
should the landscaped area fail to be maintained in accordance
with the Maintenance Agreement,
(2)
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5. This Agreement may be terminated under any one of the following
conditions:
(a) By the Department, if the C,17-Y fails to
perform its duties under P—aragraph 2, following ten (10)
days written notice.
(b) By the Department, for refusal by the C /
to allow public access to all documents, pape s letters,
or other materials subject to the provisions of Chapter 119,
Florida Statutes and made or received by the C
in conjunction with this Agreement.
(c) By either party following sixty (60) calendar days written
notice.
(d) By both parties, thirty (30) calendar days following the
complete executive by both parties, of an agreement to
terminate this Agreement.
6. The term of this Agreement commences on _.7M2A1%1 GC' O,�c /V •7, j1 •
and commences for a period of one (1) year. (1
7. CT covenants and agrees that it will indemnify and
hold harmless DE RTMENT and all of DEPARTMENT's officers, agents, and
employees from any claim, loss, damage, cost, charge or expense arising out
of any act, action neglect or omission by QTY during the
performance of the Agreement, whether direct or indirect, and whether to
any person or property to whi h DEPARTMENT or said parties may be subject,
except that neither C/ nor any of its sub -contractors
will be liable under this se tion for damages arising out of injury or damage
to persons or property directly caused or resulting from the sole negligence
of DEPARTMENT of any of its officers, agents or employees.
8. The CITY rray construct additional landscaping
within the limits of the fight -of -way identified as a result of this
document, subject to the following conditions:
(a) Plans for any new landscaping shall be s bject to
approval by the Department. The C1
shall not change or deviate frbw'.. said pans wit out
prior written approval by the Department.
(b) All landscaping shall be developed and implemented in
accordance with appropriate Department's state safety
and road desi n standards;
(c) The C/ agrees to complete, execute
and comply with the requirements of the Department's
standard Maintenance Memorandum of Agreement provided
as Attachment "0" to this Agreement which by reference
hereto shall be a part hereof;
(d) No change will be made in the payment terms established
under Item number four (4) of this Agreement due to an
any increase in cost to the resulting
from the installation of landscaping added un er this
item.
9. This writing embodies the entire Agreement and understanding
between the parties hereto and there are no other Agreements and
understandings, oral or written, with reference to the subject matter hereof
that are not merged herein and superseded hereby.
10. The Department's District Secretary shall decide all questions,
difficulties and disputes of any nature whatsoever that may arise under or
by reason of this Agreement, the prosecution or fulfillment of the service
hereunder and the character, quality, amount and value thereof; and his
decision upon all claims, questions and disputes shall be final and
conclusive upon the parties hereto.
11. This Agreement may not be assigned or transferred by the
0 , in whole or in part without prior written consent of the
Qepartme t,
12. This Agreement shall be governed by and construed in accordance
with the Laws of the State of Florida. In the event of a conflict between
any portion of the contract and Florida Law, the Laws of Florida shall
prevail.
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STATE OF FLORIDA
DEPARTMENT OF TRANSPORTATION
By:
District Secretary
CITY OF MIAMI, a municipal
corporation of the State of Florida
By:
Cesar H. Odio
City Manager
IN WITNESS WHEREOF, the parties hereto have caused these
presents to be executed the day and year first above written.
ATTESTS
Executive Secretary (SEAL)
Form and Legality
APPROVAL AS TO FORM AND
LEGALITY:
DOT Approval Date
ATTEST:
Matty Hirai (SEAL)
City Clerk
APPROVED AS LEGAL FORM
AND CORRECTNESS:
Jorge L. Fernandez
C4 -, A4.4•AYr1A4f
HIGHWAY BEAUTIFICATION MWV MEMORANDUM OF AGREEMElf—P
STATE MW HIGHWAY FROM
NUMBER SECTION NUMBER TO LEN= ACREAGE
(MILES)
A
70 ?71 z- (P) /Jr CG)
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09
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PROJECT SPECIFICATIONS
DIVISION 1 - RESPONSIBILITIES OF THE CONTRACTOR IN TUB CONDUCT Or
11I8 _.WORK
1. AFFIDAVIT CERTIFYING COMPLIANCE WITH SECTION 4(0 OF
TILE CHARTER OF TILE CITY OF MIAMI
1.01 Simultaneously vith his delivery of the executed contract,
the Contractor sJ1411 deliver to the City Clerk, an
executed AffidarVit certifying his compliance with Section
4(c) of the Charter of the City of Miami.. .This Affidavit
affirms that, to the best of Isis knowledge and belief, no
Commissioner, Mayor, or other officer or employee of the
City of Miami, Florida or Board Member or employee of the
DDA is interested directly or indirectly in' the profits or
emoluments of the Contract, job, work or service for the
City of Miami.
1.02 Forms for this Affidavit will be furnished the Contractor
at the time the Contract forms are transmitted to Iiisi for
execution.
2. PROSECUTION OF' THE WORK
2.01 The Contractor shall be responsible for the good condition
of the Work until his release from Isis obligations! Ile
shall bear all losses resulting to him on account of the
amount or character of the Work, the character of the
ground or existing underground installation being
different from what he anticipated, or on account of the
weather or the elements.
2.02 lie shall place sufficient lights,or danger signals on or
near the Work from sunset to sunrises he shall erect .
suitable railings, barricades, or other protective devices
about unfinished Work, open trenches, embankments, or
other obstructions to traffic; shall provide all necessary
watchmen an the Work by day or night, for the safety of
the public, and shall take all necessary precautions for
preventing accidents or injuries to persons or property in
or about, -the Work.
2.01 During certain times of the year, the work on a project
may -be underway wisest lsurricanes, winds of gals force
and/or inclement weather may visit this area. The -
Contractor, besides taking all normal precautions for the
safety of his.Work, shall take Any additional, safety
precautions to secure and protect the finished portion of
his work and to safe up all areas of the work"site from
hurricane damage and the rain and high water that may
accompany such inclement weather.
The following actions, while not necessarily constituting
a complete list, shall be considered and taken when
necessary. -43-
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1. Secure warning blinker lights and/or barricades
from upset due to wind action.
2. nsckfill trenches and ditches.
3.• Secure construction sheds, small equipment and
other objects that may blow around and cause
damage.
4. Secure all loose and unused material from blowing
around and damaging surrounding buildings.
5. biseonh•ect all electric power to the job.
6. Dispose of and/or cart away all debris that
cannot be properly secured.
7. Follow suggestions by the DDA as to placing the
project in the safest possible coa'ditioa'.
2.04 'Buildings, sidewalks, fences, shade trees. lawns and other
improvements not shown for removal, @pall be duly ,
protected by the Contractor. Property obstruction;, such
as sewers, drains, water or gas pipes, conduits,
railroads, poles, walls, posts, galleries, bridge$,
manholes. valve boxes, street monuments, etc., shall be
carefully protected from injury and shall not be displaced
If avoidable. The Contractor shall give due notice to the
DDA, City of Miami Department of Public Works or public
service corporation controlling such things as manholes,
valve boxes, meter boxes, street monuments, etc., prior to
proceeding with any work tl►at may modify them and shall be
held strictly liable if any such appliances are diaturbed,
damaged or covered up during the course of the work.
If it shall be necessary to move any property obstruction,
the removal thereof shall be accomplished as desoribed in
Sections ll or 12. The DDA will be responsible for
obtaining the consent of the ownersorothers in charge.
The DDA may elect to retain any materials encountered, and
the Contractor, when so requested, shall carefully remove
the same to the nearest street, or place in a convenient
location for removal -by the DDA:,.
In case of 'the Contractor's failure to restore any
property damaged by his operations or to make good such
damage or injury, the DDA may, upon forty-eight (45) hours
notice, proceed to repr.ir, rebuild, or otherwise restore
such prop'erty as may be deemed necessary, anc� the cost
thereof will be deducted from any monies due"or which
become dde the Contractor under this Contract.
The-DDA shall not be held accountable for inaccuracies or
omissions in the locations or grades of existing
underground structures, utilities, foundations, etc. No
claim is to be wade by the Contractor for damage on -
,account of the proximity to, leaking from, ,or dalay caused•
by underground structures, utilities or foundations, etc.
2.05 The Contractor shall be held responsible for any violation
of laws or ordinances affecting in any way the conduct of
all persons engaged, or the materials or methods used by
him on the Work. -44..
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3. INSURANCE
3.01 The Contractor shall take out and maintain during the life
of this Contract "Workmen's Compensation Insurance" for
all his employees employed at the project site and, in
case any work is sublet, the Contractor shall require the
Subcantractor to provide "Workmen's Compensation
Insurance" for all the latter's employees, unless such
employees iro covered by the protection afforded -by the
Contractor. In toes any class of employees, engaged in
hazardous work under this Contract, at tits site of the
project, is not protected under the "Workmen's
Compensation" steetute, the Contractor shall provide, and
shall cause such Contractor to provide, adequate coverage
for the protection of 1xis employees not otherwise
protected.
3.02 The Contractor shall take out and maintain during the life
of this Contract, such Public Liability and Property
,Damage Insurance as shall protect him and any
Subcontractor performing work covered by this Contract
from claims for damage for personal ,injury, including
death. as well as from claims for property damages which
may arise from operations under this Contract, whether
such operations be by himself or by any Subcontractor, or
by anyone directly or indirectly employed by either of
them, and the minimum amounts of such insurance shall be
as follows►
"Workmen's Compensation Insurance", as required by
Chapter 440, State of Florida Statutes.
Public Liability Insurance Policy with a liability
limit on account of each occurrence resulting in
bodily injury or death•to one person of not lose than
$j,000,00a and a liability limit on account of an
occurrence resulting in bodily injury or death to
more than one person of not less than a
Property Damage Insurance Policy providing for a
liability limit on account of each occurrence of not
lose than $ '
Automobile Liability Insurance is the amounts of
$100,000 per person, $300,000 per occurrence for
bodily injury and 050,%0 per. occurrence for _
property damage covering all owned, non -owned and
hired vehicles used in connection with the work.
3.03 The Contractor or the insurance agency representing the
Contractor shall file with the DDA, at the time the
Contractor returns the Contract Documents executed br him,
a certificate or certificates showing that the above
minimum amounts "Workmen's Compensation Insurance", Public
Liability Insurance. Property Damage Insurance and
Automobile Liability Insurance pertaining to ihia job are
In force.
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46 PUBLIC 5TRSBTS AND 'TRAFFIC
4.01 For any portion of the Work that may occur in or on public
thoroughfares, the following provisions shall apply.
4.01 The DDA shall indicate the point of beginning and the
order of procedure of the Work, keeping the Contractor
fully employed. No block of any street may be used for
the storage of any materials, other than those expected to
be used in that block.
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4,03 Sidewalks, gutters, drains, fire hydrants, and private
drives, shall insofar as practicable, be kept in condition
for their intended uses. While the Work is actually going
on at a location, as much as half the street width at such
location may be barricaded to exclude traffic entirely,
but street traffic shall not be obstructed needlessly.
4.04 Should the DDA deem it expedient for the best interests of
the City or for the safety of the public, the Contractor
may concentrate the work at specific places or he may,
suspend the work entirely for a period not to exceed two
(2) days, providing that, if necessary, the further -
suspension of the Work, because of inclement weather, will
not be a detriment to the entire Work operation. Upon any
suspension of work, all unused materials shall be placed
so as not to impede traffic and all rubbish shall be
removed. Whenever a street is partially or wholly closed,
the Contractor shall erect plainly worded signs announcing '
such fact, together with proper barricades at the nearest
cross street upon each side of such obstruction and upon
intersecting streets.
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4.04 The Contractor may erect or maintain along the lines of
his work such tool boxes as may be necessary, providing
that such structures do not interfere with the reasonable ,
use of the streets and sidewalks. The sizes, location and
construction of such tool boxes shall be subject to the
approval of the DDA. .1
5. TRAFFIC CONTROL •
5.01 Traffic will be controlled by the Traffic Section,
Department of Police, and Department of Public Works
during construction. Traffic shall be maintained at all
times where directed by the Engineer. A traffic permit
from the Department of Police and from the Department of
Public Works, as required, shall be obtained by the DDA.
5.02 Sufficient lights, barricades and traffic signs shall be
provided by the Contractor.
5.03
All traffic control devices used on street construction
shall conform to the standards and specifications of Katro
Traffic Division. -46-
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5.04 In the event that any street or portion thereof must'be
closed to traffic or detoured, it shall be closed or
detoured only after approval of the DDA, Department of
Police and the Department of Public Works of the City of
Miami, and after notifying the City of Miami Fire
Department.
5.05 On all side streets, at least one lane shall be available
for vehicular traffic during working hours.
5.06 Provisions shell be made to provide access to all
apartments, ru.sidenees and commercial structures during
the period of construction. '
5.07 Steel plates or bridging capable of supporting 11-20
loading and temporary asphalt pavement shall be used where
necessary to comply With these requirements as directed by
the Engineer.
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6.
6.017
7.
SECURING OF EXCAVATIONS
At the close of the work day, holidays, and weekends, the
Contractor shall install appropriate security devices
around the perimeter of all excavations left open in the
Public Itight-Of-Hay.' Any variance from this requirement
must be approved by the DDA. (All' costs for these
requirements shall be considered incidental to the work
and no additional compensation will be allowed).
SUPERVISION
7.01 It is not the••DDA's intentionnorresponsibility to
coordinate the many activities of the Contractor necessary
to complete a project. The DDA!& responsibility is to see
that the project is' carried on.in conformance with the
Plans and Specifications.
7.02 THE CONTRACTOR IS ]HEREBY ALERTED AS FART OF THESE CONTRACT
DOCUMENTS THAT A COMPETENT SUPERINTENDENT OR FOREMAN SHALL
BE IN RESPONSIBLE CHARGE OF THE JOB AT ALL TIMES.
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8. UNDERGROUND UTILITIES NOTIFICATION CENTER
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8.01 The Contractor is alerted that underground utilities exist
_ in the vicinity of the proposed work and that he should
:4 notify. the Utility Notification Center for ioeatLoa before
,j excavation at their toll free number 1-800-432-4770 at
least 24 hours prior to digging, for utilities
verification in the field. n addition to this, the !+
Contractor shall also notify -the Florida Power & Light '
Company for verification of their utilities.
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9. SEPARATE CONTRACT
9.01 The DDA reserves the right to let other contracts in
connection with this project. Tits Contractor shall afford
other Contractors a reasonable opportunity for the
introduction and storage for their materials and the
execution of their work and shall properly connect and
coordinate his work with theirs.
9.02 if any part of the Contractor's work depends, for the
proper execution or results. upon the work of any other
Contractor, th%_Contractor shall inspect and prpaptly
report to. the bDA any defects in such work that render it
unsuitable for such proper execution and results.
10. PLANS AND SPECIFICATIONS
10.01 The Plans and Specifications describe the Work, any! all
materials. Work and dimensions must be in strict accord
with them, except only when the DDA may, in writing,
authorize an exception.
10.02 The Contractor shall not take advantage of'any apparent
error or.omission which may be found in the Plans or
Specifications, but the DDA shall be entitled to make such
corrections therein and such interpretations thereof as
may be necessary for the fulfillment of their intent.
10.03 On all Plans, a discrepancy between dimensions shown in
figures and the scaled dimensions shall be referred to the
DDA for interpretation.
10.04 The Contractor will be supplied with sufficient copies of
the Plans and Specifications which remain the property of
the DDA and shall be returned to the DDA upon termination
of the Contract. One complete iet of the Plans and
Specifications shall be kept on°the job by the Contractor
and shall be accessible at all times.
11. CHANGES IN THE WORK
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11.01 The right is reserved for the DDA to make, alterations An
tits Plans or in the character of the Work, as may be
considered necessary or desirable to complete the proposed
work to this satisfaction and consistent with the general
Intention of the Contract Documents. Nutlet of every such
alteration or change shall be given in writing to the
Contractor, and no such alterations or change shall be
considered as constituting a waiver of any of the
provisions of the Contract Documents, or as nullifying or
invalidating any of iuch provisions.
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Should arty such alteration or change result in an increase
or decrease in the cost of work or materials described in
the proposal, ti►e total amount payable under the Contract
will be accordingly modified. If alterations or changes
are thus made, tits time for completion of the Contract
will be correspondingly modified, if the Contractor so
requests before commencing the work attributable to such
alterations or changes.
12. EXTRA WORK AND PAYMENT T11PREFOR
11.01 The Contractor shall perform -unforeseen work and
additional work ordered, for Which there is no price
included in the proposal whenever it is deemed necessary
or desirable by the DDA to complete satisfactorily the
Work as contemplated, and such extra work shall be
performed promptly in accordance with the Specifications
and as directed by the DDA, provided however, that before
any extra work is begun, a written order from tits DDA to
do the work shall be given to the Contractor. All -extra
work ordered and performed in accordance with the
foregoing, will be paid for at the price (mutually agreed
upon by the Contractor and DDA to be equitable
compensation for the work contemplated) stipulated in the
DDA's written order for such work.
12.02 however, in tits event the Contractor and the DDA fail to
agree upon an equitable price for any extra work ordered,
it shall be performed by using such tools, labor,.
-equipment and materials as may be specified by the-DDA,
and will be paid for in -the following manners
For all labor, including a foreman in direct charge
of the specified operations, the Contractor shall
receive•& sum equal to•the current loeal.rate of
wages for every hour that the labor is actually
engaged in such work, to which shall be -added an
amount equal to fifteen percent (15%) of such sum and
I the total thereof shall b.s frill compensation.
13. PROSECUTION, PROGRESS AND ACCEPTANCE OF THE WORK
13.01 Before work is commenced under this Contract, tits
Contractor shall submit to the DDA, a schedule of his
operations, showing the order in which, and the
approximate time at which, Its plans to begin the various
sections, locations, or phases of Isis operations. This
schedule is requested in order that operations of.other
Contractors may be coordinated with the work under this
Contract, and in cases where the work will interfere with
the use of the public.streets, the routing of traffic may
be properly planned. The Contractor shall cooperate with
the City and DDA in working out a schedule that will best
serve the interests of all parties affected.
-49-
91--
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14. FINAL CLEANING Up
14.01 Upon completion of the Work and before acceptance, the
Contractor.shall clean and remove from the site, the
right-of-way, and adjacent property, all surplus and
discarded materials, rubbish, and temporaFy structurest
restore iri•'an acceptable manner, all property, both public
and private, which has been damaged during the prosecution
of the Work= and shall leave the site and vicinity
unobstructed and in a neat and presentable condition
throughout the -,entire area or length of the Work under
Contractor. The placing of materia'la of every character,
rubbish, or equipment, on abutting property, with or
without the consent of the property owners, shall not
constitute satisfactory disposal. If the work is of such
a character as may be done by blocks or sections', the
Contractor may be required to promptly remove and dispose
of accumulated rubbish, debris, or surplus materials from
blocks or sections as completed or partially completed.
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91- 566
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SECTION 02515 UNIT PAMS
1. GENERAL
1.01 RELATED DOCUMENTS
A. All applicable provisions of the Bidding Requirements,
Contract Forms, Conditions of the Contract and Division 1,
General Requirements shall govern the work under this
section.
1.02 WORK INCLUDED
A. Provide all labor, materials, necessary equipment, services
and included, but not limited to all related work to
complete the UNIT PAVERS work, as -indicated on the drawings,
as specified herein or both, except as for items'
specifically indicated as 'NIC ITEMS'.
1.03 DELIVERY STORAGE AND HANDLING
A. Paving stones shall be delivered and unloaded at jobsite
with or without pallets and bound in such a manner that no
damage occurs to the product during handling, hauling and
unloading.
2. PRODUCTS
2.01 ACCEPTABLE MANUFACTURERS AND PRODUCTS '
A. All unit pavers shall be manufactured by Paver Systems,
Inc., or approved equal.
2.02 MATERIALS
A. SOLID CONCRETE INTERLOCKING PAVING STONES
1. Conform to ASTM Designation C936-82.
2. DESIGN: All unit pavers shall be 'Holland Stone' and
'Uni-Decor' type as indicated in plans.
3. THICKNESS: All unit pavers shall be 2-3/8" thick
except those at vehicular areas which shall be
3-1/8" thick. Refer to drawings.
9. COLOR: To be selected by owner
S. CEMENTITIOUS MATERIALS: Portland Cements shall conform
to ASTM Specification C-150.
6. Aggregates shall conform to ASTM Specification C-33 for
Normal Weight Concrete Aggregate (no expanded shale or
e
02515-1
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91- 5W
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re ates t tha� radin
lightweCi egg g ) exce p -grading
requirements shall not necessarily apply.
7. OTHER CONSTITUENT'S: Coloring pigments, air-intraining
agents, integral water repellents, finely ground -
silica, etc., shall conform to ASTM standards where
applicable, or shall be previously established as
suitable for use in concrete.
8. PHYSICAL REQUIREMENTS;
.1 Compressive Strength - At the time of delivery, to
the work site, the average compressive strength
shall not be less than 8,000 psi with no individual
;unit strength less than 7,200 psi with testing
procedures in accordance -with ASTM Standard C-140.
.2 Absorption - The average absorption shall not be
greater than five percent (58) with no individual
unit absorption greater than seven percent (71).
.3 Proven Field Performance - Satisfying field
performance is indicated with units similar'in
composition, and made with the same manufacturing
equipment as those to be supplied to the purchaser,
do not exhibit objectional deterioration after at
least one (1) year.
9. VISUAL INSPECTION: -
.1 All units shall be sound and free of defects that
would interfere,with the proper placing of the unit
or impair the strength or permanence of the
construction. Minor cracks incidental to the usual
methods of -manufacturer, or minor chipping
resulting from customary methods of handling in
shipment and delivery, not be deemed grounds for
rejection.
10. SAMPLING AND TESTING:
.1 The owner or his authorized representative shall be
accorded proper facilities to inspect and sample
the units at the place of manufacture from lots
ready for delivery.
.2 Sample and test units - in accordance with ASTM
Method C-0140.
11, REJECTIONt
.1 In case the shipment fails to conform to the
specified requirements, the,manufacturer may sort
it, and new test units shall be selected at random
by the purchaser from the retained lot and tested
Y
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8535 02515-1
-52-
91- 56
at the expense of the manufacturer. In case the
second set of test units fails to conform to the
1 specified requirements, the entire lot shall be -
;j rejected.
12. EXPENSE OF TESTS:
The expense of inspection and testing shall be borne by
the owner unless otherwise agreed.
13.••SAND LAYING COURSE: The sand laying course shall be a
well graded clean washed sharp sand with 100% passing a
3/8" sieve size and a maximum of 3% passing a No. 200
sieve size. This is commonly known as manufactured
concrete sand, limestone screening, or similar. DO NOT
USE MASON SAND.
The sand laying course should be•the responsibility of
the paving stone installer.
14. EDGE RESTRAINT: All edges of the installed paving
stone shall be restrained. The type of edge.restraint
shall be approved at locations as noted on plans.
3. EXECUTION
1. The paving stone installer/contractor must have related
experience in the i.nstallation'of interlocking concrete
paving stones.
2. PREPARATION OF THE BASE COURSE
.1 Suitable base must be prepared as detailed in other
section of the project specifications.
.2 The base course shall be shaped to grade and cross
section with an allowable tolerance -of 1/4" (5 mm).
.3 The compacted base shall be 3-1/8" (80 mm) below
final grade for. 2-3/8" (6 cm) pavers and 3-7/8"
(100 mm) below (final grade for 3-1/8" (8 cm)
pavers.
3. CONSTRUCTION OF THE SAND LAYING COURSE
.1 The finished base course shall be approved before
the placement of the sand playing course.
.2 The uncompacted sand laying course shall be spread
evenly over the area to be paved and then scr.eeded
to a level that will produce 1" (25 mm) thickness
when the paving stones have been placed.
a
j 02515-3
�y -53-
desired elevation,
.3 On creeded and leveled to0
this sand laying course shall not be disturbed in
any way.
4. LAYING OF CONCRETE PAVING STONES
.1 The paving stones shall be laid in the approved
pattern as noted or shown on drawings.
.2 The paving stones shall be laid in such a manner
that the desired pattern is maintained and the
joints between the stones are as tight as possible.
Joints shall be 1/8" maximum.
.3 String lines should'be used to hold all pattern
-lines true.
.4 The gaps at the edge of the pavers surface shall be
filled with standard edge stone or with stones cut
to fit. Cutting shall be accomplished to leave a
clean edge to the traffic surface using a double
headed breaker or a masonry saw. However, when
cutting precision designed areas, a masonry saw is
recommended. Whenever possible, no cuts should
result with a paver less than 1/3 of original
dimension.
.5 Paving stones shall be vibrated into the sand
laying course using.a vibrator capable of 3,000 to
5,000 pounds compaction force with the surface
clean and joints open.
.6 After vibration, clean masonry type sand containing
at least 30% of 1/8" (3mm) particles shall be
spread over the paving stone surface, allowed to
dry, and vibrated into joints with additional
vibrator passes and brushing so as to completely
fill joints.
.7 Surplus material shall then be swept from the
surface or left,on surface during construction time
to insure complete filling of joints during initial
use. This sand -also may provide surface protection
from construction debris.
.8 Upon completion of work covered in the Section, the
Contractor shall clean up all work areas by
removing all debris, surplus material and equipment
from the site.
END OF SECTION 02515
02515-J'
-54-
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91- 566
SECTION 02900 - LANDSC� r. WORK �
1. GENERAL
`.� 1.01 SCOPE
?;1 A. The work includes the supplying and planting of all trees,
shrubs, vines and ground cover together with all necessary
labor, equipment, tools and materials needed for the
successful completion and execution of the landscape plans.
'.: 1.02 AGENCY STANDARDS
A. Grades and standards of plant materials used shall be true
to -name, a•ize, condition and graded Florida #1 or better as
outlined:,in: 'Grades and Standards of Florida Plants'
published by the State of Florida Department of Agriculture,
Tallahassee, Florida.
1.03 SITE EXAMINATION
A. The contractor shall fully acquaint himself with all of the
existing conditions of the project site prior to submitting
a bid for the work specified.
1.04 ERRORS AND OMISSIONS
A. The plant list is a part of the specificatign indicating the
name, size and quantities of specifib plant materials as
called for and located on the drawings, and is furnished as
a convenience. The contractor is responsible for his own
quantity count and any discrepancy between drawings and
plant list shall be considered correct on the drawings.
1.05 GUARANTEE
A. Furnish a written guarantee warranting all plant materials
in accordance with the following schedule:
All trees and palms for a period of one year from the date
of completion.
All shrubs and ground covers
from the date of completion.
for a period of three months
Sod shall be guaranteed for a period of two months from the
date of completion.
H. At the and of the specified guarantee period, any plant
required by this contract that is dead or not in
satisfactory condition, as determined by the architect or
owner, shall be replaced.
C. All replacements shall be plants of;the
as specified in the plant list.
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-55-
same kind and size
02900-1
9 1 -
1.06 CARE AND MAINTEN4')TE
W,
A. Furnish the owner with a written detailed description for
the care and maintenance of all plant'material at the time
of final acceptance.
B. The owner agrees to execute the instructions for such care and
maintenance.
1.07 SAFETY
A. Protect all persons from injury and avoid property damage.
B. Adequate warning devices shall be placed and maintained
during the progress of the work.
C. Conform to all local, state and federal safety laws and
codes including the Federal Occupational Safety and Health
Act (OSHA).
1.08 CONTRACTOR QUALIFICATION
A. Before awarding the contract, the contractor shall furnish
to the owner a unit cost breakdown for all materials. These
prices shall be the basis for any additions or deletions
should revisions be necessary during the life of the
contract.
1.09 INSURANCE
A. The contractor shall maintain such insurance as will protect
him from such claims under the workman's compensation act,
and from any claim for damage for personal injury or death
as a result of work under this contract.
1.10 SUBMITTALS
A. Two samples each of shrubs and ground covers shall be
brought to the site as prototypical of proposed material for
approval.
2. MATERIALS
2.01 PLANT MATERIALS
A. Plant materials shall be upgraded Florida No. 1 or better as.
outliged under Grades and Standards for Nursery Plants,
State Plant Board of Florida.
B. All plant materials shall have a habit of growth which is
normal for the species. Plants that do not have the normal
02900-?
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9 566
balance of height and spread typical for the respective
plant shall not be accepted.
C. The contractor shall contact the Landscape Architect after
having selected the specified trees and palms for inspection
and approval at the nursery. A minimum of one weeks notice
shall be given.
D. Sod shall be firm, tough texture, having a compacted growth
of grass with good root development. It shall contain no
noxious weeds or any other objectionable vegetation.
E. Sod shall have been mowed a minimum of three times prior to
being cut and lifted.
2.02 PROTECTION OF PLANT MATERIALS
A. Balled and Burlapped (B&B) plants shall be dug with firm
natural balls of earth of sufficient diameter and depth to
encompass the fibrous and feeding root system necessary for
full recovery of the plant. Balls shall be firmly wrapped
with burlap and bound with cord, rope or wire mesh.
B. Plants with broken, damaged or insufficient balls will be
rejected.
C. All plant material shall be protected from possible bark
injury or breakage of branches. All -plants shall be
protected from windburn due to transportation.
D. Plants which cannot be planted immediately on delivery,
shall be covered with moist soil, mulch or other protection
from the drying of wind and sun. All plants shall be
watered as necessary until planted.
2.03 STORAGE
A.. No plant material shall be stored longer than seventy two
hours.
B. All rejected plant materials shall be immediately removed
from the site and replaced with acceptable material at no
cost to the owner.
2.04 PROTECTION DURING PLANTING
A. Treys moved by winch or crane shal4 be thoroughly protected
from chain marks, girdling or bark slippage by means of
burlap, wood battens or other approved materials.
2.05 PLANTING SOIL
A. All plant material shall be planted'with the following soil:
A
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02900-3
91- 566
144
50% sand and 50% muck. There must be a slight acid reaction _
to the soil with no excess of calcium•or carbonate. Soil
shall be delivered in a loose friable condition.
2.06 FERTILIZER
A. Commercial fertilizer shall be an organic fertilizer
containing nitrogen, phosphoric acid, and potash in equal
percentages of available plant food by weight. Nitrogen,
shall not be less than 40% from organic source: palm tree
special shall be (10.5.5).
B. To each cubic yard of planting soil shall be added and
thoroughly mixed 2 lbs. of commercial fertilizer.
C. Fertilizer that becomes caked or otherwise damaged shall not
be acceptable.
2.07 MULCH
A. Mulch material shall be pine bark, 1/2 inch to 2 inches in
diameter or shredded cypress mulch, moistened at the time of
application to prevent wind displacement.
B. All tree, shrub and ground cover beds shall receive a
minimum 2" mulch layer immediately after planting.
3. EXECUTION
3.01 PLANTING
A. Planting shall take place during favorable weather
conditions.
B. Ascertain location of all underground utilities prior, to
planting.
C. Planting shall be located as shown in Planting Plan. -
D. Planting pits shall be circular in outline and extend to
required subgrade as indicated in planting details. Hedges
sha`l be planted in trenches and backfilled with planting
soil. Groundcovers shall be planted in a minimum of 4 —
inches of topsoil. Diameter of plant holes shall be as
shown in planting details. Planting soil shall be utilized
to backfill all plant holes.
•E. Prior to all planting, clear area of existing sod or other
plants and bring ground to.an even grade.
02900-4
-5s-
91-- 566
F All plants .,.gall be set to ultimate finished grade. No
filling around trunks shall be permitted.
G. Remove all flagging and ribbons from all plants prior to
planting.
H. Excess excavation shall be removed from the site.
3.02 PRUNING
A. Remove dead and broken branches from all plant material.
Prune to retain typical growth habit of individual plants
retaining maximum height and spread.
B. Make allr cuts with sharp instruments flush with trunk or
adjacent branch, in such a manner as to eliminate stubs.
C. Trees shall not be poled or topped.
D. Remove all trimmings from site.
E. Paint all cuts 1/2" diameter and larger with waterproof
antiseptic tree paint.
3.03 GUYING
A. All trees over sic feet in height shsll, immediately after
setting to proper grade, be guyed as -.shown in planting
detail.
B. Wires shall not come in direct contact with the tree.
C. Turnbuckles shall be galvanized or cadmium plated and shall
be of adequate size and strength to properly maintain tight
guy wires.
3.04 WATER
A. Each plant or tree shall be thoroughly watered after
planting.
B. All trees shall be deep watered for a period of ninety days
after planting.
C. Water shall be potable and furnished by the contractor. The
contractor shall supply hoses nozzles, water trucks and all —
othgr equipment necessary to execute the work.
D. All watering required during the maintenance shall be -_
furnished by the owner.
02900=5
-59-
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91 - 566
3.05 5OD
I A. Apply 2 inches of topsoil to entire area receiving sod.
Topsoil shall consist of 50% peat and 50% sand free of
sticks, stones and other foreign materials.
B. Fine grade all landscape areas, eliminating all bumps,
depressions, sticks, stones and other debris.
C. Sod all areas indicated.
D. Apply 6-6-6 fertilizer at the rate of 40 lbs. per 1,000 sq.
ft. prior to laying sod.
E. Solid sod shall be laid with closely abutting joints with a
tamped or rolled even surface. '
F. The finished level of all sod areas shall be one inch below
abutting walks or pavement.
3.06 CLEANING UP
A. Keep the premises free from accumulations of waste materials
or rubbish. 'Broom clean' work area upon completion of
work.
3.07 MAINTENANCE
A. Maintenance shall begin immediately. after plant is installed
and shall continue until all planting is accepted by the
owner.
B. Proper protection to lawn areas shall be provided and any
damage resulting from planting operations shall be repaired
promptly.
3.08 INSPECTION AND ACCEPTANCE
A. Inspection of work to determine completion of contract,
exclusive of the possible replacement of plants, will be
made by the owner and/or landscape'architect..at the
conclusion of all planting and at the.written request of the
contractor.
B. After inspection, the contractor will be notified by the
owner of the acceptance of all plant material and
workmanship, exclusive of the possible replacement of plants
subject to guarantee,
END OF SECTION 02900
METRORAIL/8TH STREET GATEWAY NODE
PLANT SCHEDULE
WITHIN EIGHTH STREET R.O.W.`
BOTANICAL COMMON
QTY KEY NAME NAME HGT. SPRD. ROOT REMARKS
8 TP TABEBUTA PINK 15' 8' B&B FULL
PALLIDA TABEBUTA MIN.7'CLEAR-
12 RE ROYSTONEA
ROYAL 15' B&B
MATCHED
ELATA
PALM
10'GREY WOOD
370 J JASMINUM
WAX GC 3G
VOLUBILE
JASMINE
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METRORAIL/STH STREET GATEWAY NODE
PLANT SCHEDULE
OUTSIDE EICHTH'STREET R.O.W. (BY OTHERS)
BOTANICAL COMMON
QTY. KEY NAME NAME HGT. SPRD. ROOT REMARKS
22 TP TABEBUTA PINK 15' 8' B&B FULL
PALLIDA TABEBUTA MIN.7'CLEAa
6 RE ROYSTONEA ROYAL 15' B&B MATCHED
ELATA- PALM 10'GREY WOOD
30 LP RHAPIS LADY 48"
EXCELSA PALM
1168 J JASMINUM WAX GC B&B
VOLUBILE - JASMINE
-62-
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METRORAIL/8TH STREET
GATEWAY NODE
PLANT SCHEDULE
f
TOTAL PROJECT
BOTANICAL
COMMON
kv
QTY KEY NAME
NAME HGT.
SPRD. ROOT REMARKS
30 TP TABEBUTA
PINK 15'
8' B&B FULL
j
PALLIDA
TABEBUTA
MIN.V CLEAR
18 RE ROYSTONEA ROYAL 15' 8' B&B MATCHED
ELATA PALM 10'GREY WOOD
30 LP RHAPIS LADY 4811
EXCELSA PALM
1538 J JASMINUM WAX GC
VOLUBILE JASMINE
-63-
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WPI NO.
JOB P.O.
Attachment "C"
(GENERAL)
PROJECT COST
This exhibit forms an. integral part bf the -Highway Beautification Grant
Agreement bete the State of Florida. Department of Transportation and
C! o •�! dated
I. PROJECT COST: ! g f b• n a
i
TOTAL PROJECT COST $ �6�,y1 C ' 0 v
II. PARTICIPATION: ,
Public Agency Participation ( % $
In-K.ind
Cash 6Ao
Department Participation qc-o
Primary (D) (Z-51) or $LU 7$6 ;whichever is less.
TOTAL PROJECT COST � �
MEMORANDUM OF AGREEMENT
THIS AGREEMENT, made and entered into this- day of
19 , by and between the STATE OF FLORIDA DEP RT NT OF TRANSPORTATION, a
component agency of the State of Florida, hereinafter called the "DEPARTMENT"
and the cirV 0?'� /o, a political subdivision of the State of Florida,
existing-und& the Laws of Florida, hereinafter called the "CITY".
W'I TNESSETH
WHEREAS, as a part of the continual updating of the State of Florida
Highway System, the Department, for the purpose of safety, protection of
the investment and other reasons, has constructed and does maintain 4
lane (grass median divided) highway facilities outlined in Exhibit "A"
attached hereto and incorporated by reference herein, within the corporate
limits of the CI OOelJ14101 and
WHEREAS, the LX is of the opinion that said highway facilities
that contain landscaped median and utility strips shall be maintained
by periodic trimmin , cutting, mowing, fertilizing and necessary
re -plantings.
WHEREAS, the parties hereto mutually recognize the need for entering
into an Agreement designating and setting forth the responsibilities of
each part; and
WHEREAS, the City by Resolution No. dated
attached hereto•an�by this reference made a part hereof-, to enter
into this Agreement and authorizes its officers to do so.
'NOW THEREFORE, for 'aiid in consideration of the mutual benefits to flog:,
each to the other, the parties covenant and agree as follows:
1. The Cit shall perform the following standards in a reasonable
manner and witl 1 due care.
The City hereby agrees to maintain the plantings, following the Department's
andsca a guidelines, safetZ and plant care. The Cit 's responsibility for
maintenance shall include�aandscape ar. or turfed areas on Department
of Transportation ri -of-way within the limits the roject Such
maintenance to be provided by the City is specifically set out as fo ows:
o maintain, which means that proper watering andTroper fer ation o
alT plants and keeping them as free as Rracticable from dicaacp and harmful
insects; to properly ulch the plant beds; to keep the premises free of weeds;
to mow and/Or cut the grass to a proper len5th; to ro er y prune a ants
w ish includes removinc dead or diseased parts of plants, or runin
such arts thereof which resent a visual hazard or those using the roadway.
o aintain also means removing or replacing ea or diseased plants in
t eir entiret , or removing or replacing those that fall below original roject
standards. All plants removed for whatever reason shall e re aced by plants
o the same grade asspecified in t e or ina 2 ans an specifications an
of a size comparable to those existing at the time apprcval is obtained from
e etions. 7o maintain a so means to keep litter removed from t e me pan
strip or landscaped areas within the said project. Plants s a e those
items which would be scientifically classified as plants and include but are
not limited to trees, grass, or shrubs.
The above named functions to'be performed by the City, shall be
subject to periodic inspections by the Department. Sucfinspection
findings will be shared with the CY and shall be the basis of all
decisions regarding payment reduction, reworking or agreement termination,
ATTAC NT "D"
1
91—
i
2. If at any time after the City has assumed the maintenance
responsibility above -mentioned, it s a 1 come to the attention of the
Department's District Secretary that the limits of Exhibit "A" or a
part thereof is not properly maintained pursuant to the terms of the
Agreement, said District Secretary may at'his option issue a written
notice that a deficiency or deficiencies exist(s), by sending a
certified letter in care of City Manager, C/TV O,::
to place said City on not ce thereof.
Thereafter the City shall have a period of thirty (30) days within
which to correct the cited deficiencies. If said deficiencies are not
corrected within this time period, the Department may at its option,
proceed as follows:
(a) Maintain the landscaping or a part thereof, with
Department or independent contractor's personnel and
deduct the cost of such work from the City's payment
for said work or part thereof, or
(b) Terminate Agreement in accordance with Paragraph 5
of this Agreement and remove, by Department or
independent contractor's personnel, all of the ground
cover and shrubs installed under this Agreement
or any proceeding agreements except as to trees and
palms and charge the C for the reasonable cost of
such removal.
3. It is understood between the parties hereto that the ground cover,
shrubs, trees and palms covered by this Agreement may be removed, re ovate or
adjusted at any time in the future as determined to be necessary by the
Department in order that the adjacent state road be widened, altered or
otherwise changed to meet with future criteria or planning of the Department.
The Cit, shall be given sixty (60) calendar days notice to remove said
round cover, shrubs, trees .and palms after which time the Department may
remove said ground cover, shrubs, trees and palms:
4. The Department agrees to'pay to the .City quarterly compensation
for •the'cost of routine maintenance (of various species of ground cover
plantings, shrubs, trees and alms) identified in Exhibit " e lump
sum payment will be in the amount Q per quarter for a total
sum of per year.
(a) Payment shall be made only after receipt and approval
of goods and services as provided in Section 215.42,
Florida Statutes' ,
(b) Any penalty for delay in payment shall be in accordance
with Section 215.422(2)(b Florida Statutes.
(c) Bills for fees or other compensation for services or
expenses shall be submitted in detail sufficient for a proper
preaudit and postaudit thereof, and that bills for travel
expenses specifically authorized by this Agreement shall
be submitted -and paid in accordance with the rates specified
in Section 112.061, Florida Statutes.
(d) Records of cost incurred under terms of this Agreement
shall be maintained and made available upon request to the
Department at all times during the period of this Agreement
and for three years after final payment is made. Copies
of these documents and records shall be furnished to the
Department upon request. Records of costs incurred includes the
the City's general accounting records, together with supporting
documents and records, of the City and all subcontractors
performing work, and all other records of the City and sub-
contractors considered necessary by the Department for a proper
audit of costs. ;.
5. This Agreement may be terminated under any one of the following
conditions:
566.
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'�: : .. :.F..,..Y '., y.5.. [. f _Z.F.E• L. - : ` . `F_i,!.A di YY.:'i 1". > 111[Y1�52 �'} .f .6:•. t�C'J ..= Y r-�:utm
(a) By the Department, if theme fails to perform its duties
under paragraph 29 following ten (10) days written notice.
(b) By the Department, for refusal by the City to allow public
access to all documents, papers, letters, or other material
subject to the provisions of Chapter 119, Florida Statutes and
made or -received by the C in conjunction with this__
Agreement.
(c) By either party follcwing sixty (60) calendar days written
notice.
(d) By both parties, thirty (30) calendar days following complete
t-
execution by both parties, of an agreement to terminate
this Agreement.
6. The term of this Agreement commences on A T and continues
i`
:
for a period of one (1) year.
7. This Agreement may be renewed on a yearly basis, for a maximum of
two one-year renewals. Any renewal must be agreed upon by both parties in
writing thirty (30) days prior to the expiration of the existing agreement.
-
8. It is anticipated the term of this Agreement will extend beyond
the Department's current fiscal year, 'The Department, during any fiscal
year, shall not expend money, incur any liability, or enter into any
contract which, by its terms, involves the expenditure of money in excess
of ..the amounts budgeted as available for expenditure during sych fiscal
year. Any Agreement verbal or written made in violation of this sub-
section is null and void, and no money'may be paid on such contract.
The Department shall require a statement from the comptroller of the
Department that funds are available prior to entering into any such
Agreement or other binding commitment of funds. Nothing herein
contained shall prevent the making of contracts for periods exceeding
1 yeasr, but any contract so made shall be executory only for the value
of the services to be rendered or agreed to be paid for in succeesing
fiscal years. Accordingly, the State of Florida'a performance and
obligation to pay under this contractors contingent upon an annual r
appropriation by the Legislature.
_
f' 9. �The 'City covenants and agrees that it will indemnify and
hold harmlessss DEPARTMENT and all of DEPARTMENT's officers, agents, and
employees from any claim, loss, damage, cost, charge or --expense arising
out of any act, action neglect or omission by the City during the
performance of the Agreement, whether direct or indirect, and whether to
j
any person or property to which DEPARTMENT or said parties may be subject,
1
except that neither the City nor any of its sub -contractors will be liable
under this section for damages arising out of injury or damage to persons
or property directly caused or resulting from the sole negligence of
DEPARTMENT of any of its officers, agents or employees.
10. This writing embodies the 'entire Agreement and understanding
between the parties hereto and there are no other Agreements and
understandings, oral or written, with reference to the subject matter
hereof that are not merged herein and superseded hereby.
11. The Department's District Secretary shalt decide all questions,
difficulties and disputes of any nature whatsoever that may arise under or
by reason of this Agreement, the prosecution or fulfillment of the service
hereunder and the character, quality, amount and value thereof; and his
decision upon all claims, questions and disputes shall be final and
conclusive upon the parties hereto.
12. This Agreement may not be assigned or transferred by the the City,
i
in whole or in part without prior written consent of the Department..
i
13. This Agreement shall be governed by, and construed according to'
the Laws of the State of Florida. In the event of a conflict between any .::.
portion of the contract and Florida Law, the laws of Florida shall prevail.
1 S. • .. x �... t Jt• r A . {F fir`(' .i
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IN WITNESS WHEREOF, the parties hereto have caused these
i
presents to be executed the day and year first above written.
STATE OF FLORIDA
DEPARTMENT OF TRANSPORTATION
ATTEST:
By: -
Executive Secretary (SEAL) District Secretary
Form and Legality
140
APPROVAL AS TO FORM AND
LEGALITY:
DOT Approval Date
CITY OF MIAMI, a municipal
ATTEST: corporation of the State of Florida
STATE ROAD HIGHWAY FROM TO LENGTH ACREAGE
NUMBER SECTION NUMBER (MILES)
?U ?%Z o sw /V- Cad
II
s
The Honorable Mayor
To: Members of the City
FROM: Cesar H. Odio
City Manager
CITY OF MIAMI, FLORIDA
INTER -OFFICE MEMORANDUM
and
Commission DATE : JUL 1 71991 FILE
Highway Beautification
SUBJECT: Grants for SW Eighth St.
REFERENCES:
For July 25, 1991
cucinauaccCity Commission Meetinst
Recommendation
It is respectfully requested that the City Commission approve the
attached resolutions accepting two (2) Highway Beautification
Grants from the State of Florida Department of Transportation
Highway Beautification Council and authorize the City Manager to
enter into a Grant Agreement and a Maintenance Agreement with the
Florida, Department of Transportation.
GRANT #1 (SW Eighth Street from I-95 to SW Third Avenue) This
Grant is in the amount of $25,000 and requires matching funds of a�
$30,000.
GRANT #2 (SW Eighth Street from WSW First Avenue to ESW First
Avenue) This Grant is in the amount of $10,780 and requires
matching funds of $34,856.
Background
The City of Miami and the Downtown Development Authority jointly
submitted three applications for State Highway Beautification
funds on February 1, 1991 (see attached resolution). Two of the
three applications were awarded grants.
The Grants require a local match as indicated above. The City of
Miami will not be required to sake any financial commitment,
whatsoever, nor will the City be responsible for any portion of
the matching funds. The DDA will be funding a portion of the
local match as part of next year's budget. The Brickell Area
Association will assist the DDA in identifying funds to cover the
balance of the required match.
The plants to be installed have minimal maintenance requirements.
The necessary maintenance will be undertaken jointly by the DDA
and the City of Miami Department of Public Works (occasional tree'
trimming).
Grant award requires a Grant Agreement and a MaintenanV.
ca
Agreement be executed on, or before, August 2s 1991.`
This request for acceptance and authori;atton is tonditipU41 U P a t
the identification of funds for the local matcb. ,�566