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HomeMy WebLinkAboutSubstitution Memo from City AttorneyCITY OF MIAMI OFFICE OF THE CITY ATTORNEY MEMORANDUM TO: Honorable Mayor and Members of the City Commission FROi- 4i' a4vlendez, City Attorney DATE: July 20, 2020 RE: July 23, 2020, Virtual Commission Meeting Agenda — Substitution of FRA- Modifying Various Public Works Fees File No. 7634 Item FRA on the July 23, 2020 City Commission Agenda is being substituted for the following purposes: 1. To delete the proposed $1,800 tentative plat application fee for T3-zoned properties of 10,000 square feet or less and replace it with a $1,800 cap on tentative plat, final plat, and resubmission fees for properties consisting solely of property or properties that receive a homestead exemption(s) pursuant to Article V1I, Section 6(a) of the Florida Constitution; 2. Add a fee for expedited review of a final plat submission and remove a reference to an outside source review fee; and 3. Correct a typographical error for a new proposed fee for resubmittal of a tentative plat with a new boundary with a closure and vacation/release of one or more right(s)-of-way or easement(s), which should have read as $5,000 but inadvertently read as "$,000". C— C— G'�' ` r-1 CD�i cc. Arthur Noriega V, City Manager aq 3 Miriam Santana, Agenda Coordinator r.. r- w cn BLM/DSG 7&34 Subsi�-+uhdn Mtmo,�ybm 64,� AHh(flfl City of Miami � � oE•.City Half 3500 Pan American Drive ,,,,,. . Legislation Miami, FL 33133 ..,,,, www.miamigov.com ° Ordinance: File Number: 7634 Final Action Date: AN ORDINANCE OF THE MIAMI CITY COMMISSION, BY A 4/5THS AFFIRMATIVE VOTE, AMENDING CHAPTER 2/ARTICLE IV/DIVISION 4 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("CITY CODE"), TITLED "ADMINISTRATION/DEPARTMENTS/ RESILIENCE AND PUBLIC WORKS DEPARTMENT", CHAPTER 2/ARTICLE X/SECTION 2-289 OF THE CITY CODE, TITLED "ADMINISTRATION/CODE ENFORCEMENT/SCHEDULE OF CIVIL PENALTIES", CHAPTER 22.5/ARTICLE VI OF THE CITY CODE, TITLED "GREEN INITIATIVES/SOIL EROSION, WATERWAY SEDIMENTATION, AND AIRBORNE DUST GENERATION CONTROL", CHAPTER 54 OF THE CITY CODE, TITLED "STREETS AND SIDEWALKS", AND CHAPTER 62/ARTICLE II/SECTION 62-12 OF THE CITY CODE, TITLED "PLANNING AND ZONING/COMPREHENSIVE PLANNING/FEE," BY r PROVIDING FOR RESILIENCE AND PUBLIC WORKS DEPARTMENT - ("DEPARTMENT") FEES FOR INSPECTIONS AND EXAMINATIONS 0p,; PLANS FOR COMPLIANCE WITH THE PROVISIONS OF ORDINANCE' NO. 13114, AS AMENDED, THE ZONING ORDINANCE OF THE CITY' OF MIAMI, FLORIDA; BY PROVIDING FOR BOTH NEW AND -` ADJUSTED DEPARTMENT FEES RELATED TO THE PROCESSING AND RECORDATION OF PLATS, STORMWATER POLLUTION � PREVENTION PLANS, RIGHT-OF-WAY PERMITS, DEVELOPMENTAL REVIEWS, PROCESSING OF DEEDS OF DEDICATION AND QUITCLAIM DEEDS, AND FOR THE PROCESSING AND REVIEW OF OTHER DOCUMENTS CONDUCTED BY THE DEPARTMENT; PROVIDING FOR STANDARDS FOR INSURANCE COVERAGE AND INDEMNITY BY APPLICANTS IN CONNECTION WITH SUCH PERMITS; FURTHER PROVIDING FOR ENHANCED PENALTIES PURSUANT TO SECTION 162.09(2)(D), FLORIDA STATUTES, FOR CERTAIN CIVIL VIOLATIONS RELATED TO THE PUBLIC RIGHT-OF-WAY; CONTAINING A SEVERABILITY CLAUSE; PROVIDING FOR AN EFFECTIVE DATE. SPONSOR(S): Commissioner Ken Russell, Commissioner Manolo Reyes WHEREAS, Chapter 22.5 of the City Code outlines the City's environmentally -friendly initiatives such as the reduction of greenhouse gases by the City's vehicular fleet, purchase of environmentally preferable products, and construction and development requirements such as soil erosion, dust control, and Florida -friendly fertilizer usage; and WHEREAS, Chapter 54 of the City Code provides the fee schedule for the processing of right-of-way permits; and City of Miami Page 1 of 27 File ID: 7634 (Revision:) Printed On: 712012020 File ID: 7834 Enactment Number: WHEREAS, Chapter 62 of the City Code provides the fee for inspections and examinations of plans by the Department for compliance with the provisions of Ordinance No. 13114, the Zoning Ordinance of the City of Miami, Florida, as amended ("Miami 21 Code"); and WHEREAS, currently, the fees referenced in Chapter 2, Chapter 22.5, Chapter 54, and Chapter 62 of the City Code do not sufficiently cover the average cost of City of Miami ("City") staff to perform the processing of said documents, permits, inspections, and related work; and WHEREAS, it is in the best interest of the City to amend Chapter 2, Chapter 22.5, Chapter 54, and Chapter 62 of the City Code to adjust said fees; and WHEREAS, the changes to fees in this Ordinance are related to and based upon the actual cost to the City for reviewing and processing the various approvals, permits, and other regulatory requirements as more specifically provided for herein; and WHEREAS, it is the intention of the City not to construe this Ordinance in such a way so as to conflict with State law, including, specifically, Section 337.401, Florida Statutes, regarding permissible permit requirements and fees for certain communications providers; and WHEREAS, the additional enhanced civil penalties for violations of these Sections of the City Code are necessary to ensure compliance with the same; and WHEREAS, the City Commission finds that all new and adjusted fees in this Ordinance are reasonable and commensurate with the direct and actual cost of the regulatory activities described herein, including issuing and processing permits, plans reviews, physical inspections, direct administrative costs, and similar work; NOW, THEREFORE, BE IT ORDAINED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. The recitals and findings contained in the Preamble to this Ordinance are adopted by reference and incorporated as if fully set forth in this Section. Section 2. Chapter 2/Article IV/Division 4 of the City Code, titled "Administration/Departments/Resilience and Public Works Department", is further amended in the following particulars:' "CHAPTER 2 1 n cz ADMINISTRATION E?q n o c? ARTICLE IV. DEPARTMENTS _'� =1C rTJ r ;- QD P w :C CA DIVISION 4. RESILIENCE AND PUBLIC WORKS DEPARTMENT ' Words and/or figured stricken through shall be deleted. Underscored words and/or figures shall be added. The remaining provisions are now in effect and remain unchanged. Asterisks indicated omitted and unchanged material. City of Miami Page 2 of 27 Fiie ID: 7634 (Revision:) Printed on: 7/20/2020 Fib ID: 7634 Enactment Number: Sec. 2-265. Same -Duty to establish minimum standards for public works. The director of resilience and public works is hereby authorized and directed to promulgate rules and regulations establishing minimum standards pertaining to the construction, improvement, repair, maintenance of streets, sidewalks, alleys, lanes, bridges, viaducts and other public highways, sewers-stormwater management system, drains, ditches, culverts, canals, streams, watercourses, seawalls, boulevards, squares and other public places and grounds belonging to the city or dedicated to public use or owned by the city as an easement or any other right of use whatsoever, and to establish, amend, publish and enforce uniform and comprehensive minimum standards, plans, drawings, specifications and control of the design, construction, development, improvement, repair and location of all public works under his/her authority, whether on or above or below the surface of the land or water, whether financed or constructed by any federal or state political subdivision or private person, firm or corporation. Sec. 2-266. Functions of department -Generally. The functions of the Department of resilience and public works depattaeRt shall include the permitting, oversight, inspection, management, and supervision of all public works, including those public works projects carried on in the public right-of-way, right-of-way permitting, transit and mobility functions: and all duties and functions heretofore a part of the department of engineering and the division of streets, bridges and sewers heretofore a part of the department of public service. These functions and duties are hereby transferred to the Department of resilience and public works depaFtment-and shall be carried on by such department. Sec. 2-268. Fee for preparation of documents containing covenants to run with the land, ght- of-way dedication deeds, quitclaim deeds, waiver of fee; fee for preparation of documer#s pg allowing the use of public right-of-way by private entities; recording fee. m r f71 o-" ru C (b) Except as more specifically described in this Section. F--Gf for the preparation anctpi6ces�sing� rf of legal documents, including, but not limited to, subdivision improvement bonds and'hold -2 harmless agreements, quitclaim deeds with the City as grantor, and any ag[ men[:-allmwiu9 the use of public right-of-way by private entities, excluding permits, a fee of $2,750.00 $2L000,00 shall be collected by the director of resilience and public works. i� cn (c) For the preparation and processing of a right-of-way dedication deed, the fee shall be as follows: 1. Properties that receive a homestead exemption pursuant to Article VII, Section 6(a) of the Florida Constitution with the right-of-way being enlarged by the dedication not part of the County or State road system ... $0.00 2. All other properties ... 1,125.00 City of Miami Page 3 of 27 File ID: 7634 (Revision:) Printed on: 7/24W20 File ID: 7634 Enactment Number: (s} (d) In addition to the above fees, the party proffering the legal document shall also pay the recording fee, as established by the state. Sec. 2-269. Checking and recording plats and alley closures or vacations -Fee schedule; waiver of fee. (a) The fees to be charged by the resilience and public works department for platting determinations, processing tentative plats, reviewing and processing certain platting exception approvals, and recording plats submitted for approval of the city, including the inspection of the permanent reference monuments set in the field, are hereby fixed as follows: (1) Platting determination. Platting determination or determination on folio separation .....$695. DO - 8 0.00 L2,) Platting exception submittal pursuant to Section 55-10(c) of the City Code ..... 975.00 �24Q Recording plat. a. To aGGempany For submittal of tentative plat without closure and vacation/release of one or more rights) -of -way or easement(s)appliea#GP .....1,899.003 200.00 right(s)-of--way or easement(s) ..... 5,000.00 b bc. For fesubmission resubmittal of tentative plat for an extension of time ..... 900,042,400.00 0 sd. For resubmittal of tentative plat by different owner -- ....900:802,400.00'' de. For fesubmossian resubmittal of tentative plat with new boundary v" houtl closure and vacation/release of one or more rights) -of -way or easement(s) .....900.Q 2A3. 00.00 f. For resubmittal of tentative plat with new boundary with closure and vacation/release of one or more right(s)-of-way or easement(s) ...., 5,000.00 eg. To accompany final plat when submitted for recording .....2,500.903.700.00 1F9 n H f-17l CD (344) Extending subdivision improvement time limit. For each time limit extension granted for completion of subdivision improvements required in conjunction with a recorded plat .....295.00 or, five percent 5j %) of the subdivision improvement bond amount, whichever is greater. (b) The processing fees required by subsection (a) may be waived for governmental entities and agencies. city of Miami Page 4 of 27 File ID: 7&U (Revlslon:) Printed on: 7/20/2020 File ID: 7634 Enactment Number: (c) The fees to be charged for an expedited review for processing tentative plats and recording plats submitted for approval of the city, including inspection of the permanent reference monuments set in the field, are fixed as follows`: Final plat review expedite fee (in addition to final plat submittal feel List of requirements Base fee $250.00 Plus fee per tract/lot ..... $100.00 Mylar review Base fee $1000.00 Plus fee per tract/lot ..... 500.00 Expedited review is within the sole discretion of the Director of Resilience and Public Works to authorize, subject to staff availability. (d) Fees to be charged pursuant to subsections 55-15(i) and 55-150) providing for an alternative method for the closure or vacation of alleys which abut parcels of land zoned solely residential. Application fee .....$626-00$2,000.00 21 h, Recording fee ..... CD Publication fee .....`** C' a Vacation and alley closure fee pursuant to subsection 62-156(6) .....Not applicable CD w *** These fees shall be determined contingent upon fees charged by the newspaper arg MiSffii- Dade County recorder's office at time of publication and recordation. (e) Notwithstanding the above, combined resubmittal, tentative plat, and final plat fees to be charged for aplat consisting solely of property or properties that receive a homestead exemptions) pursuant to Article VII, Section 6(a) of the Florida Constitution shall not exceed 1 800 (f) Fees to be charged pursuant to Subsection 55-15(e) providing for an alternate method for the closure or vacation of a platted easement . $2,000.00 (Q) Fees to be charged pursuant to Subsection 55-150) providing for an alternate method for the closure or vacation of emergency access easement..... $2,000.00 (h) Fees to be charged pursuant to Subsection 54-4.1(b) providing for a release of utility easement reservation ..... $2,000.00 Sec. 2-272. shesking review fee. City of Miami Page 5 of 27 File 1D: 7634 (Revislon:) Printed on: 7/M020 File ID: 7634 Enactment Number: (a) The fees to be charged by the Department of resilience and public works depaFtment. for processing and Gh8GkiFq viewing private development wnstFuGti9R-plans submitted for approval of the city are hereby fixed as follows: (1) Fence, wall, slab, or sign .....$50.00 (2) Underground tank per -Fit .....155.00 (3) Single-family or duplex residential construction, reconstruction, remodeling, renovation, repair, or addition permit .....268.00 (4) Multi -family residential and all nonresidential construction, reconstruction, remodeling, renovation, repair, or addition peFm#: New multi -family residential (<% acre) .....940.00 New commercial (<% acre) .....1,043.00 New multi -family residential (k% acre and <1 acre) .....1,520.00 New commercial (Z% acre and <1 acre) .....1,650.00 Large development (residential/commercial Z1 acre) .....2,775.00 , (5) Subdivision improvement engineeringplan ..... 1,800.00 4� n r f (6) Review and marking of Base BuildingLine rn o t7 rn On signed/sealed Boundary Survey..... 125.00� I c7 r CD For Planning/Zoning applications ..... 250.00 r- •• N (7) Underground utility installation ..... 295.00 (8) Underground utility service connection, utili!y structure placement ..... 75.00 (9) Monitoring wells, soil borings. coring/sampling, utility locates, minor non -utility excavations ..... 350.00 (10) Building construction/maintenance (scaffolding. crane, dumpster)..... 225.00 01) Right-of-way closure (temporary traffic control, temoorary construction fence) ..... 75.00 (12) As -built plan a. Stormwater..... 650.00 b. Line and grade, pavement, sidewalk, curb and gutter ..... 375.00 City of Miami Page 6 of 27 File ID: 7634 (Revision:) Printed on: 7/2tA/2020 File Ip: 76U Enactment Number: c. Underground utilities .....650.00 d. Above ground utilities..... 375.00 e. Non-standard improvements (pavers, lighting, irrigation, tree grates, etc.) ..... 350.00 (13) Dry Run plan a. Stormwater..... 300.00 b. Line and grade, pavement, sidewalk, curb and gutter ...... 300.00 c. Underground utilities..... 300.00 d. Aboveground utilities..... 200.00 e. Non-standard improvements (pavers, lighting, irrigation, tree grates, etc) .... 175.00 (b)The fees to be charged by the department of resilience and public works for processg aA reviewing plans for work in the right-of-way that is not related to a private developmelta submitted for approval of the city are hereby fixed as follows: .� N O (1) Underground utility installation ..... $295.00 -=C -D (2) Underground utility sgrvice connection, utility structure placement ..... 75.0; *. w cn (3) Monitoring wells, soil borings, coring/sampling, utility locates, minor non -utility, excavations ..... 350.00 (4) Street construction (sidewalk repair, sidewalk construction, curb and gutter, roadway paving, roadway resurfacing) ..... 195.00 (5) Building construction/maintenance (scaffolding, crane. dumpster) ..... 225.00 (6) Right-of-way closure (temporary traffic control, temporary construction fence)..... 75.00 (7) As -built plan a. Stormwater..... 650.00 b. Line and grade, pavement, sidewalk, curb and gutter ...... 375.00 c. Underground utilities..... 650.00 d. Aboveground utilities..... 375.00 City of Miami Page 7 of 27 File i0: 7634 (Revision:) Printed on: 7/M020 File ID: 7634 Enactment Number: e. Non-standard improvements (pavers, lighting, irrigation, tree grates, etc.) ..... 350.00 (8) Dry Run plan a. Stormwater ..... 300.00 b. Line and grade, pavement, sidewalk, curb and gutter ...... 300.00 c. Underaround utilities ..... 300.00 d. Aboveground utilities ..... 200.00 e. Non-standard improvements (pavers, lighting, irrigation, tree grates, etc.) .... 175.00 (bcg) Expedited plan review service for special projects. A "special project" is defined as a project having a development order, or any other project as determined by the city manager, or designee, as having special interest to the city. The services will cover the resilience and public works department expedited review and shall be in addition to any and all other applicable permit fees. Outside source review will be the preferred method. Outside source review fee: Actual cost plus 15 percent* *Fifteen percent is the administrative fee to cover the cost of processing. N In-house review fee not to exceed four hours: $350.00 a (GM The fee required under this section may be waived by the director of resiliehce ano public works for governmental entities and agencies. ` , T. c) Section 3. Chapter 2/Article X/of the City Code, titled "Administration/Code Enforc:emipr,de further amended in the following particulars:-^ cn ARTICLE X — CODE ENFORCEMENT Sec, 2-829. Schedule of civil penalties. CITY CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED * * * * Code Section Description of Violation ;Civil Penalty City of Miami Page 8 of 27 File ID: 7634 (Revision:) Printed on: 7/MO20 File ID: 7634 Enactment Number: 49-2 'Unlawful discharge of petroleum products into City U40-001.000.00 stormwater management system-eF saFiitar-y-sewers. 49-3 ' Unlawful discharge of human excreta. ; 525.00 Unlawful discharge of wastewater from construction 49-4 isysternseweF. excavation into city stormwater management 210.001.000.00 Discharge or dumping of septic tank contents into city 49-5 stormwater management system 525.901.000.00 Failure to obtain permit to obstruct street, or sidewalk or 262591 000.00 minimum impede traffic or failure to pay usage fee. Daily usage fee -3 will be required to be paid in addition to payment of the and 250.00 per day thereafter applicable penalty i 54-3 Failure to comply with conditions set forth by such permit, � �-50250.00 each violation. 54-8 Unlawful use of street or sidewalk for advertising or i262M250 00 display purposes. 54-8 Failure to obtain permit for lawful advertising or display in 1�-50250.00 the public right-of-way. 54-9 Placing signs on street or sidewalk surface. 12&-LW250.00 54-12 I Placing glass or other injurious substances on streets. 52.50 54-14 Failure to remove utility facilities to permit improvement of 5240250.00 � streets. 54-41 Failure to notify public works 24 hours prior to r52-50250.00 commencing construction. 54-42 Disturbing, cutting, digging or excavating any portion of �&A01.OQ il}�lurrr and 250.00 ya t the public right-of-way without a permit. thereafter 54-44 , Failure to construct sidewalk with standard material. 152.58250.00 Failure to obtain approval of location and construction of �: w 54-47 driveway. �6240250.00 cr+ 405.001.000.00 minimum j 54-48 I Refusing to allow inspection. and 250.00 per day l thereafter ��--12249.QD1.000.00 minimum 54-48 Failure to comply with stop work order. and 250.00 per day. thereafter _ �52.501,000.00 minimum 54-51 Failure to obtain proper street grade and lines. and 250.00 per day h reafter j 54-52 1 Failure to lay sewers, water and gas mains, telephone and i240400250.00 ? lelectrical conduits prior to street improvements. 54-54 ;Allowing sidewalks to remain in dangerous condition. 152,501,000.00 minimum City of Miami Page 9 of 27 File 1D: 7634 (Revision:) Printed on: 7/20/2020 File ID: 7634 Enactment Number, r � ~--� -----------_� and 250.00 per day thereafter r--- 54-56 F re to construct, reconstruct, or repair the street 262-.50250.00 improvements. Obstructing streets or sidewalks with trash lumber or other j 54-57 obstructions. 152-68250.00 Failure to obtain proper permits or authorization for ` �52.5 1,000.00 minimum 54-86 i placement of a bench or a shelter upon public right -of- and 250.00 per day +way. ithereafter Failure to maintain proper clearances for placement of a I1 000.00 minimum 54-91 and 250.00 per day bus bench or shelter. thereafter 54-92 Failure to properly maintain a bench and/or shelter. 52-59 52 0 00 54-93 Failure to comply with bench and/or shelter size 52.5 1,000.00 minimum and 250.00 per day requirements. thereafter I _ Failure to properly display name/address, and local _ i52.50 �! telephone number of bench and/or shelter company. J 54-132 Failure to properly affix numbering to building as required. Unlawful placement of any sign designating street, avenue _ 52.6 1,000.00 minimum 54-134 or other public place by a different name than by which it and 250.00 per day is generally and legally known. thereafter J 54-135 j Defacing or removal of any street signs posted in the city. 152.6 1,000.00 minimum land 250.00 per day th rea r 21.8:Q01 000.0 ` inm Unlawful construction or installation of an encroachment 54-193 within the dedicated right-of-way or within the undedicated ! and 250.00 per i av right-of-way. ;thereafter c = ; 1525.00 r o 54-221 Operating a sidewalk cafe without a permit. 54-263 Placing, maintaining, or operating newsrack on any publics 52 50250.00 right-of-way without a permit.-� Installation, use and/or maintenance of nonconforming �^ 54-266 ' = ' S2-40250.00 newsracks. ; 1 54-268 Allowing a newsrack to remain in a state of abandonment. 152.5 250.00 54-300 Failure to obtain telecommunications permit agreement. 525.00 54-309 52.50 system. *H City of Miami Page 10 of 27 Flie ID: 7634 (Revislon:) Printed on: 7/20/2020 Fife ID: 7634 Enactment Humber Section 4. Chapter 22.5/Article VI of the City Code, titled "Green Initiatives/Soil Erosion, Waterway Sedimentation, and Airborne Dust Generation Control", is further amended in the following particulars:' "CHAPTER 22.5 GREEN INITIATIVES ARTICLE VI. SOIL EROSION, WATERWAY SEDIMENTATION, AND AIRBORNE DUST GENERATION CONTROL Sec. 22.5-127. Administrative fee. As a condition precedent to the issuance of any resilience and public works, zoning, planning, building, or demolition permit for a construction project which will disturb 0.5 acres or more of soil, the applicant shall pay the city a stormwater utility fee of $3954M.95.00. All fees and fines generated as a result of this article shall be deposited into the stormwater utility fee account in the general fund for the stormwater management system and shall be used to administer this program and to further the city's efforts prevent pollution of stormwater systems. Section 5. Chapter 54 of the City Code, titled "Streets and Sidewalks", is further amended in the following particulars:' N "CHAPTER 54 mpt c= �{ a -< V, r� STREETS AND SIDEWALKS o ARTICLE I. IN GENERAL wcr� Sec. 54-3. Permit required for work that obstructs or closes a street, sidewalk, or impedes traffic; fees; waiver of fees. (a) Scope. No person shall perform or conduct any work in the public right-of-way; aril} -as (any work including, but not limited to, digging, drilling, repaving, installing or maintaining utilities, etc.1, which obstructs, closes, or causes to be obstructed or closed, any street, sidewalk, or any other part of the public right-of-way in this city, or which impedes the general movement of vehicular or pedestrian traffic, without first having obtained a permit approved by the police department, the Department of resilience and public works departmmen , the off-street parking department, the risk management department, the neighborhood enhancement team department, and the transit and mobility division. After approval by the departments of police, resilience and public works, off-street parking, risk management, neighborhood enhancement team and the #anspe"O-A ef#ise the transit and mobility division, the city manager, or designee, shall M C7 N'l city of Miami Page 11 of 27 File ID: 7634 (Revision:) Printed on: 7/20/2020 File ID: 76U Enactment Number: issue a permit. No person shall apply for a permit to perform or conduct work in the public right-of-way without disclosing in writing on the permit application form the person(s) on whose behalf such work in the public right-of-way is being performed or conducted. If such work is being performed by one or more person(s) on behalf of any other person(s) for using, constructing in, excavation of, maintenance of, owning and/or operating any type or manner of system, equipment, or device within the public rights -of -way, then all persons must comply with all application and permitting requirements of the city. Failure of any person(s) to fully disclose his/her/their interest/participation/representation in the permit application and/or to fulfill all city requirements for issuance of the permit shall result in (1) immediate revocation by the city, without the necessity of any further action, hearing, or proceeding, of any permit previously granted resulting in such permit becoming null and void, or (2) issuance by the city of a written notice that such permit will not be granted, as the case may be, due to violation of this provision by the person(s) who applied for such permit. The city shall have the right to take all legal measures and seek all available remedies to enforce this disclosure provision. Except for applications for permits by non - revenue generating government entities, no person(s) or those performing the work on behalf of any other person(s) may apply for a permit if the person(s) or those performing the work on their behalf currently owe outstanding fines, debts, or delinquencies to the city related to prior permits issued by the department of resilience and public works, or due to performing un-Permitted work in the Public right-of-way. If such outstanding fines, debts, or delinquencies are owed by those performing the work on behalf of another, then the denial of the ability to apply for and/or receive a permit shall be accompanied by a notice, mailed to the person(s) applying for the permit, notifying them of the outstanding fines owed by those attempting to perform the work on their behalf and stating the amounts owed. (c) Indemnity, hold harmless and insurance. Gf any suGh peFmit that the appliGant shall assume all GiVil liability fQF appliGanft aGts Of ," -: Applicant agrees to indemnify, defend, and hold harmless the City, its officials employees, agents, and, if applicable, its instrumentalities, and each of them frornandn against all loss cost, penalties, fines, damages, claims of any nature, including expenses and attorneys' fees, and any and all liabilities by reason of injury to or death of any person, damage to, destruction, or loss to any prolerty including the Cam, its instrumentalities, its officials, employees, and agents arising out of or in connection with the performance or non-performance of the services contemplated by this permit/agreement which is directly or indirectly caused, in whole or in part, by any act, omission, default, liability, or negligence, whether active or passive of the applicant, its employees, agents, servants, or contractors, unless such act or omission is solely caused by the City. its instrumentalities, officials, employees, and agents. The applicant further agrees to indemnify, defend, and hold harmless the City, its instrumentalities, officials, employees, and agents against all liabilities which may asserted by an employee or former employee of the applicant, or any of its City of Miami Page 12 of 27 File ID: 7634 (Revision:) Printed on: 712012020 File 10: 7634 Enactment Number: contractors as provided above, for which the applicant's liability to such employee or former employee would otherwise be limited to payments under workers' compensation or similar laws. In addition, the applicant understands and agrees that except where caused by the negligence or misconduct of the City, its instrumentalities, officials, employees, or agents. the City shall not be liable for any loss, injury, or damage to any personal property or equipment of the applicant, its employees, agents, contractors, business licensees, or invitees placed on City property and its instrumentalities and shall be at the risk of the applicant thereof. The applicant shall be solely responsible for all its activities and for the installation and maintenance of traffic -control devices, if applicable. The applicant shall ensure that adequate safety precautions are in effect at all times during the term of the permit. It shall be a further condition precedent to the issuance of any such permit for worts to be performed in the public right-of-way that the permit holder(s) islare jointly and severally responsible, at each permit holder's sole expense, for any damages regarding restoring the public right-of-way to its original condition before installation of facilities. The indemnification shall survive termination of this oermit/agreement. (1) Non -governmental applicant(s). Prior to the issuance of any such permit, the non- governmental applicant(s) shall submit to the city a certificate of insurance for each non -governmental applicant 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, and host liqtw liability, if . In addition, the applicant hereby agrees to provide additional insurance requirements as required by the City, 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. 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 $1,009,009. 500,000 per accident, also listing the city as an additional insured, and must further afford coverage for worker's compensation including waiver of subrogation subject to the statutory limits of the State of Florida as FeeluiFed by ReFida statiite. The insurance herein require¢ shall remain in full force and effect during the entire term of the permit. Additionally, fill such insurance for non -governmental applicant(s) shall be subject to annual review by n the city's risk management department and the applicant shall be required to Updai%as 7 necessary to protect the city as set forth in this section. `- ,� 0 1 '1 All insurance policies required above shall be issued by companies authorized, to deF' business under the laws of the State of Florida with the following qualifications CD w 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 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 exceeding the required rating criteria. Certificates of insurance shall contain thirty (30) days as to changes or modifications with notice to the certificate holder. (2) Govemment applicant(s). Prior to the issuance of any such permit, the governmental applicant(s) shall submit to the city a certificate of insurance or letter of self-insurance city of Miami Page 13 of 27 File ID: MU (Revision:) Printed on: 712CV2020 File ID: 7634 Enactment Number: for each governmental applicant in accordance with and subject to the limitations as set forth in F.S. § 768.28. (d) Temporary obstruction of streets and sidewalks. (1) Any permit issued pursuant to this chapter under this section may be revoked at any time for violation of the terms of the permit. The city manager or his/her designee may revoke this permit with justification. (2) The permit holder shall not locate a temporary office, trailer, portable toilets, equipment or storage of materials, construction spoils, and/or supplies within the temporary obstructed right-of-way. Such temporary office, trailer, portable toilets, equipment or storage of materials, construction spoils, and/or supplies may be allowed by the Department of resilience and public works depadm' ..t subject to a separate fee, subsection (e)(54), in addition to the fee for a permit for the partial or full obstruction or closure listed in subsection (e)L43). A violation of this section shall result in a fine of $262:50 $250.00 per day for each violation. (3) If the dimensions of the obstruction exceed the dimensions allowed by the permit, the permittee and the building owner shall jointly be assessed a fine equal to $262.59 250.00 per day for each violation, plus any appropriate additional fees for the obstruction. (4) The permittee must provide a construction staging plan showing the location of lifting equipment, if applicable, ingress and exit points, and a signed and sealed statement from a State of Florida registered professional engineer in the s#atestating that no other suitable, onsite alternative exists. (5) For purposes of this section, the following definitions shall apply: Construction fence screen is a light, flexible fabric bearing printed text an es to give information and with edge grommets to facilitate attachment to a rigid framo? 7J Construction windscreen is a visual/dust barrier composed of a flexible,-100ven M fabric with edge grommets to facilitate attachment to a rigid frame.` T ® ri 1 Temporary construction fence is used when contracting or planning to d6rrstnue$ -;:i' improvements on the premises and which facilitates temporary security and;--O*tY%r the premises. r� w (6) Subject to compliance by the permit holder with applicable provisions of the On <7% codes of Miami -Dade County and the city, the permit holder may affix a construction fence screen or construction windscreen containing onsite advertising to the temporary construction fence abutting or located in the public right-of-way subject to an additional fee listed in subsection (e)(6). The dimensions of the construction fence screen or construction windscreen shall not exceed the dimensions of the temporary construction fence, and shall comply with section 33-99 of the Miami -Dade County Code. The content of the onsite advertising shall be limited to pictorial and text information advertising the sale or rental of the premises, construction actually being done on the premises, or future construction to be done on the premises on which the onsite advertising is located. For purposes of this section, such advertising described in the preceding sentence shall only be onsite advertising. No advertising is allowed for goods, off -site products or services, alcoholic beverages, tobacco products or adult entertainment as defined by the city zoning code. Nothing in this section shall be interpreted to permit a sign where the sign copy does not pertain to the use of the property, units sold, or the sale or lease of the property on which sign is displayed and which does not identify the place of business as purveyor of the units advertised on the City of Miami Page 14 of 27 File ID: 7634 (Revision:) Printed on: PM020 File 10: 7634 Enactment Number. sign. A violation of this section shall be punishable by a fine of $250.00 per day for each offense under the provisions of chapter 2, article X of the City Code, and any other remedies as provided by law, jointly and severally, including, but not limited to, suspension or revocation of a CU, BTR, permit, or any other legal remedy as deemed appropriate by the city. The use of one remedy shall not preclude the use of another. (e) Fees. (1) A non-refundable fee of $120.00 shall accompany each permit application to the police department, to be retained by the city regardless of action taken in the granting or denial of the permit. (2) An non-refundable application fee of $WW $95.00 and a non-refundable initial inspection fee of $50.00 shall accompany each permit application to the Department of resilience and public works departmen , to be retained by the city regardless of action taken in the granting or denial of the permit. (3) Fight ef way Wesui:%. Non-refundable plan review fees in accordance with Section 2- 272 of the City Code shall be paid upon completion of reviews and prior to issuance of all right-of-way closure permits. In the case of an applicant cancelling an application or the City cancelling an application due to the applicant becoming non- responsive and ultimately abandoning a permit application after plan reviews are completed, these fees will be applied to an applicant's account and must be paid in order to avoid being in violation of Sections 54-3 and 54-42 of the City Code. (4) A non-refundable public right-of-way usage fee for the partial or full obstruction by construction or maintenance related activities a. --$8.26 $0.30 per linear foot per day of sidewalk/curb/swale usage. b. $0.35 $0.40 per linear foot per day of parking lane usage.` *This fee is in addition to fees payable under chapter 35 of this Code,,qs a prided. c. -- $0.40 $0.45 per linear foot per day of lane closure or partial lane clove Aaffic and auxiliary lane usage. yr All fees shall be paid prior to permit issuance. n-4 N — o 11 (5) A non-refundable fee for a temporary office, trailer, portable toilets, equint storage of materials, construction spoils, and/or supplies within the partiatWful t0 obstruction area shall be as follows: r' e w a. —$QAG JQ.15 per linear foot per day of sidewalk/curb/swale usage. Q' b. —$0.15 $0.20 per linear foot per day of parking lane usage. c. $0.20 JQ.25 per linear foot per day of lane closure or partial lane closure usage. All fees shall be paid prior to permit issuance. (6) A non-refundable fee of $0 06 $0.10 per square foot per day of construction fence screen or construction windscreen containing advertising affixed to temporary construction fence located abutting the public right-of-way or in the public right-of-way. All fees shall be paid prior to permit issuance. City of Miami Page 15 of 27 File ID: 7634 (Revision:) Printed on: 712OV2020 Flls ID: 7634 Enactment !lumber: (7) All fees collected by the Department of resilience and public works, dot in accordance with subsection (e)(2), (e)(3), (e)(4), (e)(5), and (e)(6) shall be deposited in a rollover account to be known as the lane closure fund. This account shall be used for the Deoartment of Resilience and Public Works for engineering support services, training, materials, and equipment related to right-of-way closures, and for public right- of-way maintenance and improvements. (8) Waiver of fees. The fees described in subsection (e)(4), (e)(5), and (e)(6) skull• may not apply to the city or any other non -revenue generating ' , government or school district entity, or while construction, excavation, and repair work is being actively performed within the public right-of-way. The fees described in subsection (e)(1), (e)(3), (e)(4), (e)(5), and e(6) herein above may be waived or reduced by the city commission if the commission determines that such a waiver or reduction is in the city's best interest. (9) After -the -fact permit fee. For any public street or alley closure described in section 54- 3, performed without the required permits and inspections, quadruple the am pnt 2t all permit fees, application fees and inspection fees as described in subsections�Mit through (e)(6) herein.-, Cr:= O ARTICLE II. —CONSTRUCTION, EXCAVATION, AND REPAIR ; � s II� tT Sec. 54-42. €xravations-Permit required for disturbing, cutting into, digging up, drilling, boring under, or excavating anv Dublic street, swale. or sidewalk: cost of restoration: obstruction of right-of-way. (a) Permit required. Except as provided in subsection (b) when any person desires to disturb, cut into, dig up, drill into, bore under, or excavate any public street, swale, or sidewalk, whether the same is paved or unpaved, or to cause the same to be done, application shall be made to the director of the department of resilience and public works for permission therefore. No person shall apply for a permit to perform or conduct work in the public right- of-way without disclosing in writing on the permit application form the person(s) on whose behalf such work in the public right-of-way is being performed or conducted. If such work is being performed by one (1) or more person(s) on behalf of any other person(s) for using, constructing, excavating, maintaining, owning or operating any type or manner of system, equipment, or device within the public right-of-way, then both/all persons must comply with all application and permitting requirements of the city. Failure of any person(s) to fully disclose his/her/their interest/participation/representation in the permit application or to fulfill all city requirements for issuance of the permit shall result in (1) an immediate revocation by the city of any excavation permit previously granted resulting in such permit becoming null and void (without the necessity of any further action, hearing or proceeding), or (2) issuance by the city of a written notice that such permit will not be granted, as the case may be, due to violation of this provision by the person(s) who applied for such permit. The city shall have the right to take all legal measures and seek all available remedies to enforce this disclosure provision. Except for applications for permits by non -revenue generating government entities, no person(s) or those performing the work on behalf of any other person(s) may apply for and/or receive a permit if the person(s) or those performing the work on their behalf currently owe outstanding fines, debts, or delinquencies to the city City of Miami Page 16 of 27 File ID: 7634 (Revision:) Printed on: 7/20/2020 File Ip: 7634 Enactment Number: related to prior permits issued by the department of resilience and public works. If such outstanding fines, debts, or delinquencies are owed by those performing the work on behalf of another, then the denial of the ability to apply for and/or receive a permit shall be accompanied by a notice, mailed to the person(s) applying for the permit, notifying them of the outstanding fines owed by those attempting to perform the work on their behalf and stating the amounts owed. Such permit shall set forth minimal reasonable conditions, as permitted by law, necessary for the protection of property and personal safety, the restoration of the public right-of-way to a condition satisfactory to the city, and any on -going maintenance or reparations for un-repaired conditions or damages that may be required of the person(s) under the circumstances and extent of the work to be performed or conducted by such person(s) under such permit. Any violation of the conditions set forth or any violations under applicable law shall render such permit automatically null and void, without the necessity of any further action or proceeding. Such permit shall cover the length of time necessary and reasonable according to the type of activity involved. Additionally, unless otherwise provided by general law, any continuing use of the public right-of-way by any such person(s) shall require such person(s) to also enter into a continuing maintenance and restoration agreement, registration, or a franchise agreement, as applicable by Florida Statutes or the City Code, with the city, and to provide such continuing insurance and such continuing surety that may be required by the agreement or registration relating to such continuing maintenance and potential restoration. A permit application form will not be required to be submitted for multiple sanitary sewer laterals, water service laterals or water meters installed by the Miami -Dade Water and Sewer Department, if such multiple installations are combined into a single written request for permit to the director of the Department of resilience and public works. A request for multiple water and sewer installations shall be submitted to the director of the Department of resilience and public works prior to construction work and shall not require submittal of a surety for restoring the street or sidewalk as described in subsection(c). (c) Calculation of cost of restoration. Upon compliance with the terms of subsection (a) of this section, the director of the Department of resilience and public works shall calculate the cost of fully restoring the street or sidewalk to the condition in which it is found upon the filing of such application. The cost shall be calculated on the basis of the following rates: €Get Clearina and arubbina (removal of sod, shrubs, around cover alantings trees less than 4" diameter, rocks up to 50lbs each, topsoil/gravel surface up to 3" deep, and other non-structural improvements in the right-of-way) $5.00/square foot ("SF") Asphalt removal (2" thick average) 5.00/square yard ("SY") w Concrete removal (6" thick average) ..... 3.00/SF �� r� M o w N C7 o R7 Backfill ..... 15.00/cubic yard ("CY") Z 7 Eight -inch limerock base ..... 25.00/SY r r C'7 W city of Miami Page 17 of 27 File ID: 7634 (Revislon:) Printed on: 7/2W2020 File ID: 7634 Enactment Number: Permanent paving (asphalt concrete and rock base) ..... $-.75 30.00/SY 1" Milling and resurfacing (Superpave asphalt) ..... 14.50/SY Asphaftis-selasrete Sugerpave asphalt (only) ..... 44918.00/SF Stamped/color asphalt concrete (only) ..... 40018.00/SF Six-inch driveway paving (plain concrete) ..... &00 8.00/SF Decorative driveway paving (bricks, pavers, stamped/textured/color concrete, etc.) ..... 4:50 18.00/SF Six-inch concrete sidewalk (plain concrete) ..... 2:50- 8.00/SF Decorative sidewalk (bricks, pavers, stamped/textured/color concrete, etc.) ..... 18.50/SF Six-inch reinforced concrete protective slab ..... 3.50 20.00/SF Decorative swale paving (bricks, pavers, lattice, concrete swale blocks, etc.) ..... 9:5015.00/linear foot ("LF") sSod (St. Augustine or Bahia) ..... 4-.W 4.50/SY ms Curb ..... $10.0015.00/LF rn L ;:v Valley gutter ..... 12.0018.00/LF fT1 -n 0 Curb and gutter .....1-.00 20.00/LF =' Swale trench ..... 3540-200.00/SY� i` rJm Swale grading...., 8.00/SY it Q' Exfiltration trench ..... 7*-.W200.00/LF Solid Pipe up to 24" RCP. HP -PP, or dual wall HDPE with water -tight joints ..... 1.500.00/LF Solid Pipe > 24" .....200.00/LF minimum or at the discretion at of the Director of Public Works City of Miami Page 18 of 27 File ID: 7634 (Revislon:) Printed on: 7/20/2020 File ID: 70U Enactment Number. Drainage structure (inlet, manhole, etc.) ..... 2,909.00 3,000.00/each Decorative llkurninafien pedestrian lighting (fixture/pole/mounting) ..... 66,000.00 Roadway lightinq(fixture/pole/mounting_)... 12.000.00/each Street furniture (benches. waste receptacles, bicycle racks, etc...... 500.00/each (d) Payment of amount of costs for restoration; issuance of permit, time for completion; consequences of failure to complete street restoration. (1) Whenever any individual, company, or agency applies for a permit for work requiring disturbing, cutting into, digging up, drilling, boring under, or excavating e*sayatieri of a street, swale, sidewalk, or other public right-of-way, or easement, as required by subsection (a) of this section, the individual, company, or agency shall deliver to the director of the department of resilience and public works a bond or surety a-sur* in the form e Department payable to th in the amount of one and a half of the cost of the restoration as calculated by the director of the department of resilience and public works-. and shall sign an aGmptanGe of the terms Gf the permit, and thereupon the permit.permit shall be delivered to the appliGarit who shall thereafter, and nGt before -,be a64hoFized to pFoGeed with the work, and shall Gerriplete the same within the tome PreSGribed by the The bond or surety shall be of one of the following types. a. A site restoration bond written by an approved domestic surety. Except for bonds for a Wireless Service Provider as defined in Section 337.401(7)(b)(13), Fla. Stat., as the consirucuon io wnicn ine Dona appnes Is completes ana me uepartmeni or Resilience and Public Works shall accept the City's addition to any existina b 'nd. amount of coverage). aN b. Cashier's check, drawn on a local bank, to be returned to the permittee on acceptance of the street restoration and closure of the permit. C. Irrevocable letter of credit drawn on a local bank, valid for an initial period of one (1) year, with automatic renewal in increments of one (1) year until the permittee and the issuina bank are notified in writina of the acceptance of the street restoration and the closure of the permit. (2) The director of the Department of resilience and public works may establish written rules and procedures City of Miami Page 19 of 27 File ID: 7634 (Revision:) Printed on: 7/2LY2020 File ID: 7634 Enactment Number: to accept a blanket surety in the form of a bond or letter of credit for cost of the restoration of the public right-of-way or easement for recurring permit applications for utility companies and agencies that demonstrate a continuing large volume of permit applications. Additionally, any such blanket surety shall be subject to periodic review by the director of the Department of resilience and public works and shall be required to be adjusted as necessary to sufficiently cover the costs of restoration assessed to each open permit and permit application. (3) Upon receipt of the above -referenced surety, payment of the applicable permit fees, and completion of the appropriate application, the director of the Department of resilience and public works shall deliver a permit for the work, and shall determine when the work is to be completed, including restoration of the street, right-of-way or easement in accordance with the standards and specifications of the department of resilience and public works. The individual, company, or agency shall thereafter, and not before, be authorized to proceed with the work and shall complete the same within the time prescribed by the permit and applicable permit conditions. (4) Upon proper completion of the work by the permittee, as determined by the director of the Department of resilience and public works in accordance with the requirements of this chapter and other applicable codes, including the above restoration, within the time prescribed by the permit, the director of the Department of resilience and public works shall cause the amount of the surety to be returned to the person, company or agency to whom the permit was issued. (5) In the event that the permitted person, company or agency fails or refuses to complete the work, including restoration, within the time specified by the permit and/or applicable permit conditions, all payments, including the above -referenced surety, shall be deemed forfeited. The director of the Department of resilience and public works shall then be empowered to cause restoration to be done by contract, or by city forces, without regard to the status of the work sought to be done under the permit, Opd costs thereof shall be payable by the permitted individual, company, or agency. Ife required amount is not remitted within ten (10) days of written notice by the _diteco_? of the Department of resilience and public works to the permitted individual, coFmpaiW or. agency, the forfeited monies shall be used to complete the work. Any cost$.7r excess C7 of the available forfeited monies shall constitute and become a lien against -the pAi bte -�T? real property if owned by said permitted individual, company, or agency, wtiieb a*in&< or abuts the street or right-of-way for which the permit was issued. Any forfeited I"il monies remaining after restoration costs have been paid in full may be returned t6the© permittee if the reason for the delay has been due to causes beyond the co6iol Whe permittee. Additionally, the director of the Department of resilience and public works may administratively establish and enforce written rules and procedures pertaining to the withholding of the issuance of new exsavatieq-permits to any individual, company, or agency that fails or refuses to complete the restoration work and obtain from the Department of resilience and public works deft a final inspection approval within the term of the previously issued excavation permit(s) to said individuals, company or agency. (e) Indemnity, hold harmless, and insurance. It shall be a condition precedent to the issuance of any such permit that the , City of Miami Page 20 of 27 File ID: 7634 (Revlslon:) Printed on: 7/20/2020 File ID: 7634 Enactment Number: 9R the pad Gf the Gity, OtS GgGia'S oF employees. The appliGaRt shall iRswe that adequate applicant agree to indemnify, defend, and hold harmless the City, its officials, employees, agents, and, if applicable, its instrumentalities, and each of them from and against all loss, cost, penalties, fines damages, claims of any nature, including expenses and attorneys' fees, and any and all liabilities by reason of injury to or death of any person, damage to, destruction, or loss to any property including the City, its instrumentalities, officials, employees, and agents arising out of or in connection with the performance or non-performance of the services contemplated by this permit/agreement which is directly or indirectly caused, in whole or in part, by any act, omission, default, liability, or negligence, whether active or passive, of the applicant, its employees, agents, servants, or contractors, unless such act or omission is solely caused by the City, its instrumentalities, officials, employees, and agents. The applicant further agrees to indemnify, defend, and hold harmless the City, its instrumentalities, officials, employees, and agents against all liabilities which may be asserted by an employee or former employee of the applicant, or any of its contractors as provided above, for which the applicant's liability to such employee or former employee would otherwise be limited to payments under workers' compensation or similar laws. In addition, the applicant understands and agrees that except where caused by the negligence or misconduct of the City, its instrumentalities, officials, employees, or agents. the City shall not be liable for any loss, injury, or damage to any personal gropertyor equipment of the applicant, its employees, agents, contractors, business licensees, or invitees placed on City property, and its instrumentalities, and shall be at the risk of the applicant thereof. The applicant shall be solely responsible for all activities and the installation and maintenance of traffic -control devices. The applicant shall ensure that adequate safest r precautions are in effect at all times during the term of the permit. ltsh,1ll be a further condition precedent to the issuance of any such permit for work to be performed in the public right-of-wav that the permit holder(s) is/are iointly and seveiilly { rn _rn shall survive termination of this permit/agreement. (1) Non-govemmental applicants: "'6 not ess s r4sk management depaFtment and the applirant shall be FequiFed to update as Prior to the issuance of any such permit, the non-govemmental applicant(s) shall submit to the City a certificate of insurance for each non- govemmental applicant 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, city of Miami Page 21 of 27 File ID: 7634 (Revision:) Printed on: 7/21Y2020 File ID: 7634 Enactment Number: personal and advertising injury, products, and completed operations. In addition, the applicant hereby agrees to provide additional insurance requirements as required by the City, 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. 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 $500,000.00 per accident also listing the City as an additional insured, and must further afford coverage for worker's compensation including waiver of subrogation subject to the statutory limits of the State of Florida. The insurance herein required shall remain in full force and effect during the entire term of the permit. Additionally, all such insurance for non -governmental applicant(s) shall be subject to annual review by the Ctty's Risk Management Department and the applicant shall be required to update as necessary to protect the City as set forth in this Section. All insurance policies required above shall be issued by companies authorized to do business under the laws of the State of Florida with the following qualifications: The company must be rated no less than "A-" as to management and no less than Class "V" as to financial strength by the latest edition of Best's Insurance Guide, published by A.M. Best Company, Oldwick New Jersey, or its equivalent subject to the having or exceeding the required rating criteria. -- ` , c r— M Certificates of insurance shall contain thirty (30) days as to change$ or mo do s IC-) with notice to the certificate holder. (2) Governmental applicants: Prior to the issuance of any permit, the goverritfr intaiff 1-9 applicant(s) shall submit to the city a certificate of insurance or letter of self-&nsumnce© for each governmental applicant in accordance with and subject to the limitawon&$s set forth in F.S. § 768.28. (3) Additional permit conditions: It shall be a condition precedent to the issuance, to both governmental and non -governmental applicants, of any permit for work to be performed in the public right-of-way that the person(s) applying for such permit shall provide to the city's department of resilience and public works a surety in such amount(s) and such form(s) asseptanee acceptable to the director of the Department of resilience and public works to ensure that such work: (i) complies with applicable codes, (ii) is conducted and performed in a satisfactory, safe and professional manner, (iii) pertaining to the public right-of-way is restored or maintained as required by the circumstances and extent of the work under such permit and any continuing maintenance and restoration agreement. Furthermore, the permit holders are jointly and severally responsible, at each permit holder's expense, for any damages resulting from work performed or conducted under the permit and for any damages regarding restoring the public right-of-way to its original condition before installation of the facilities and for any damages regarding continuing maintenance of the public right-of- way. (f) Obstruction of the right-of-way. , A separate permit shall be reauired pursuant to Section 54-3 for the permitted individual City of Miami Page 22 of 27 File ID: 7634 (Revision:) Printed on: 7/20/2020 File ID: 76U Enactment Number: company or agency to obstruct or temporarily close any portion of the right-of-way. No person shall be allowed under a permit provided for in this section to excavate, dig up or obstruct more than two (2) adjacent blocks at a time, and the work on one (1) of such blocks shall be completed and the sidewalk and street pavement shall be placed in as good condition as existed prior to the work being commenced before such person to whom such permit has been granted by the city shall be allowed to begin work in a new block. (g) Supervision by the director of the Department of resilience and public woks. All disturbances, digging up or excavation of streets, avenues, sidewalks, pavements. swales, or sidewalk pavements in the city shall be made under the supervision and direction of the director of the department of resilience and public works. Sec. 54-43. Permit fees for right-of-way or street excavation, sidewalk repair, paving or resurfacing of roadway, parkway or shoulder area, building line and grade survey, sidewalk construction survey, driveway construction, , utility placement; underground utility service connection excavation, groundwater monitoring wells; permit renewal; after -the - fact permit, and inspection/reinspection fees; waiver of fees. (a) The permit fees to be charged by the Department of resilience and public works departs for right-of-way or street excavation, sidewalk construction or repair, paying roadway/parkway/shoulder area paving or resurfacina, building line and grade or sidewalk construction survey sidewalk senstmr. ien, driveway construction, utility placement/replacement/repair/removal, underground utility service connection excavation, groundwater monitoring wells installation/abandonment/reestablishment, permit renewals, after -the -fact permits, aAd inspections or reinspections, and any other work that proposes to disturb, cut into, dig up, or excavate any public street, swale, or sidewalk, whether the same is paved or unpaved, or to cause the same to be done within the city are hereby fixed as follows, unless the requirement of obtaining_a permit or the imposition of a fee is prohibited by Section 337.401, Fla. Stat., as amended: (1) A non-refundable application fee of $50.00 and a non-refundable right-of-way assessment inspection fee of $50.00 shall accompany each permit application to the Department of Resilience and Public Works to be retained by the City regardless of action taken in the granting or denial of the permit. J2 -14 Excavation permit: ef$25.00. GIrl `�► a. b: 50 lineal feet or less ..... $325.00 -< n r- M c --I tU D.-G. Each additional lineal foot ..... 6.50 -n� o n L.A. DFy Fun review Gf plans and speeifiGatione, upon aint excawtiogB rn each excavation .....295.00 --r 0 r •• ..... W M, Cn Q 94 Sidewalk repair permit: City of Miami Page 23 of 27 File ID: 7634 (Revision: ) Printed on: 7/20/2020 File ID: 7634 Enactment Number: a. 50 lineatr feet or less ..... 82.50 b. Each additional lineatr foot ..... 1.65 (1(3) Sidewalk construction permit: a. 50 lineatr feet or less ..... 252.50 b. Each additional lineatr foot ..... 5.05 5L(43 Paving or resurfacing of travel lanes, parkway, or shoulder area permit: a. 50 lineatr feet or less ..... 308.50 b. Each additional lineatr foot ..... 6.10 LQLf5) Line and grade (curb and gutter, sidewalk construction, and driveway approach) slwey -permit, , as built-� FAW OA9, a. 50 lineatr feet or less ..... 360.00 b. Each additional lineatr foot ..... 7.20 gh(-} Driveway approach construction permit, each driveway ..... 115.00 ; c ;V CDM f spliGe pots, manholes, hand holes, 1Cn •• pedestals, vaults, and augeF holes) ..... 296.00 Je ..... 29.50 • (8) Utility permit: a. Utility placement/replacement/repair/removal (poles, splice pits, bore pits, manholes, hndholes, drainage catch basins/inlets, pedestals, vaults, cabinets, etc. 1. First on a City block ..... $295.00 2. Each additional on same block, same permit .....29.50 b. Underground utility service connection from base building line to the utility located within the public right-of-way (water, sanitary sewer, gas. electric, telephone, cable television, communication) 1. Each connection..... 295.00 c. Underground utility installation (watermain, sanitary sewer main, pas main, electric, telephone, cable television, communication, or stormwater) 1. 50 linear feet or less ..... 325.00 2. Each additional linear foot ..... 6.50 Clty of Miami Page 24 of 27 File ID: 7634 (Revision:) Printed on: 712012020 File ID: 76U Enactment Number: d. Soft dig utility locates, soil borings, soil/asphalt/concrete core samples, or any other minor point excavations or borings 1. Each location ..... 295.00 e. Groundwater monitoring well 1. Each well ..... 295.00 -pia (9) Dewatering Permit Fees by days: <-n 6 days or less ..... 520.00 '��► 7-30 days ..... 635 00-750.00= 31-90 days ..... 999.001.0 OM �n (10) Inspection fees: a. Stormwater: 1. Stormwater Inspection permit fee includes initial inspection, during the excavation process and final inspection of a proposed stormwater management system in the public right of way ... $170.00 2. Pipe/Structure Bedding and Layout ... $160.00 3. SW System Partial Backfill and Compaction $160.00 4. SW System Final - Backfill. Compaction, Interior Mud Work. and Pipe Lamping $300.00 b. Dewatering: 1. Initial ... $160.00 2. Final ... $160.00 fV OD C- C) c. NPDES: 1. Field Compliance Check (Proactive and Reactive Inspections) - 0.5 uo to 1 acre ... $1,000.00 2. Field Compliance Check (Proactive and Reactive Inspections) -1 acre and above ..2,000.00 3. Final - 0.5 u2 to 1 acre ... 525.00 4. Final -1 acre and above ... 750.00 d. Utility (water. gas. electric, telephone, communication, cable television, sanitary sewer 1. Initial inspection ... $75.00 2. Utility structure placement ...$75.00 3. Utility installation temporary restoration ...$75.00 4. Utility restoration limits determination ...$75.00 5. Utility final restoration ... $225.00 e. Reinspection fees: When additional inspection is required for work previously inspected and rejected by the Department of Resilience and Public Works, a reinspection fee will be required for each reinspection: $150.00 (11) 42) Permit renewal fees prior to expiration and reactivation fees of original permit: Ninety -day extension of permit fee expiration date ..... 115.00 150.00 City of Miami Page 25 of 27 File ID: 7634 (Revision:) Printed on: 7/2012020 File ID: 76U Enactment Number: A new application and reactivation fee shall be required for expired permits at a Late of 25 percent of the original permit fee, calculated at based on the current fee schedule . (b) Permit fees will be computed only for the primary item of work for which a permit is required. The fee collected will also cover items of work incidental to the primary item and all processing and inspection services rendered by the Department of resilience and public works depaftmeRt. (c) Permit fees shall be paid in full upon completion of all reviews and prior to the issuance of the permit. The director of the Department of resilience and public works may establish rules and procedures to allow billing for payment of permit fees on a monthly basis for recurring permit applications for utility companies and government agencies that demonstrate a continuing large volume of permit applications. (d) With the exception of non -revenue generating government agencies, such as Miami -Dade County's Department of Transportation and Public Works, in accordance with Sections 54- 3 and 54-42 of the City Code, all permittees working in the public right-of-way must resolve all open violations, unpaid fines, and/or unpaid fees in order to apply for or receive any new permits. LeL(d) Upon receipt of a written request from a non -revenue generating government agency. such as Miami -Dade County's Department of Transportation and Public Works. R ermit fees under this section may be waived, by the city manager or designee for roadway improvement projects that are not a component of, or ancillary to the construction, maintenance, of repair, or restoration of revenue producing facilities in the public right-of-way. M_(e)-This section shall be annually reviewed by the city commission at the time of adoption of the budget. Section 6. Chapter 62 of the City Code, titled "Planning and Zoning", is further vWneq�ed in the following particulars:' 4 i CHAPTER 62 �t PLANNING AND ZONING , M -v = M ARTICLE II. — COMPREHENSIVE PLANNING Sec 62-12. Fee for inspections and examinations of plans for compliance with the provisions of the city zoning ordinance and miscellaneous zoning fees. (h) Fees for review of legal documents for compliance with zoning and technical requirements including, but not limited to, unities of title, covenants, releases, and modifications shall be $75.00 per document. Department of Resilience and Public Works review .....$275.00 City of Miami Page 26 of 27 Fife ID: 7634 (Revision:) Printed on: 7/20/2020 File ID: 7634 Enactment Number: ARTICLE VI. — ZONING AND PLANNING FEES Sec 62-22. Schedule of fees. (5) Temporary uses and occupancies permits. c. Interim parking lot permit: 2.Department of resilience and public works review ..... 296.00 525.00 Section 7. If any section, part of section, paragraph, clause, phrase, or word of this Ordinance is declared invalid, the remaining provisions of this Ordinance shall not be affected. Section 8. This Ordinance shall become effective thirty (30) days after final reading and adoption thereof.2 _� i'�J rV G7 mrnPo C_ (� ^i i� >„ w .. C`: •C" i' .ryi�d .. W 2 This Ordinance shall become effective as specified herein unless vetoed by the Mayor within ten (10) days from the date it was passed and adopted. If the Mayor vetoes this Ordinance, it shall become effective immediately upon override of the veto by the City Commission. City of Miami Page 27 of 27 File ID: 7634 (Revision:) Printed on: 7/20/2020