HomeMy WebLinkAboutSubmittal-Memo-Substitution for Item CA.2-Revisions to Covenant of Construction AgreementCITY OF MIAMI, FLORIDA
INTER -OFFICE MEMORANDUM
TO: Honorable Mayor and
Members of the City Commission
FROM: ony E. Crapp, Jr., City Manager
DATE: April 25, 2011
SUBJECT: Substitution for Item CA.2-
Revisions to Covenant of
Construction Agreement
REFERENCES:
ENCLOSURES:
Please be advised that the Covenant of Construction Agreement related to item CA.2 scheduled for the
April 28, 2011 Planning and Zoning Commission Meeting needs to be revised and substituted as
follows:
2. To the extent allowed by Florida Statute 768.28, the City of Miami does hereby agree to
indemnify and hold Miami Dade County harmless from any and all liability for personal
injury/property damage that may arise by virtue of the City's own negligence which may
come aricc by virtue of from Miami Dade County permitting the installation of these
item(s) within the public right of way.
The words that have been double underlined reflect the changes and those that have been struck
through reflect the deletions.
C: Alice N. Bravo, P.E., Director, CIP
Johnny Martinez, P.E., Deputy City Manager/Chief of Infrastructure
Elvi Gallastegui, Agenda Coordinator
11- 56 Mem0
SUBMITTED INTO THE
PUBLIC RECORD FOR
ITEMCA.a ON v/as/n .
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COVENANT OF CONSTRUCTION WITHIN MIAMI DADE COUNTY RIGHT OF WAY
BETWEEN THE CITY OF MIAMI AND MIAMI DADE COUNTY
WHEREAS, the City of Miami requests permission to install guardrails along NW 17 Avenue
from NW 15t Street to NW 3`d Street within the public road right of way.
IN CONSIDERATION, of the approval of this permit by the Miami -Dade County Public Works
Department, the City of Miami agrees as follows:
1. To maintain and repair, when necessary, the above mentioned item(s) installed within
the dedicated Miami Dade County right of way. If it becomes necessary for the County to
make repairs or maintain said item(s) within public right of way including restoration of
street by reason of the City of Miami's failure to do so, such expense shall be paid by the
City of Miami.
2. To the extent allowed by Florida Statute 768.28, the City of Miami does hereby agree to
indemnify and hold Miami Dade County harmless from any and all liability for personal
injury/property damage that may arise by virtue of the City's own negligence which may
come from Miami Dade County permitting the installation of these item(s) within the public
right of way.
3. The City of IVliami does hereby agree to remove or relocate the facilities constructed
pursuant to this covenant at the City of Miami's own expense, within 60 days notice by
Miami Dade County Public Works Department to do so. Failure to comply with this notice
will result in the County causing the item to be removed and all costs incurred in the
removal and disposal of the item(s) shall be assessed against the City of Miami.
4. The undersigned further agrees that these conditions shall be deemed a covenant
between the City of Miami and Miami Dade County and shall remain in full force and
effect and be binding on the City of Miami until such time as this obligation has been
cancelled by an affidavit filed in the Public Records of Miami Dade County, Florida by
the Director of the Miami Dade County Public Works Department (or their fully
authorized representative).
Signed, sealed, executed and acknowledged on the day of , 20 ,
at Miami, Florida.
Signed, sealed and delivered in
the presence of:
Tony E. Crapp, Jr., City Manager
Approved as to Legal Form for use
and reliance of the City of Miami only
Julie O. Bru, City Attorney
(SEAL)
(SEAL)
Priscilla A. Thompson, City Clerk
SUBMITTED INTO THE
PUBLIC RECORD FOR
ITEMc,.aONq/1
(ACKNOWLEDGMENT - INDIVDUAL)
STATE OF FLORIDA )
SS.
COUNTY OF MIAMI-DADE )
I HEREBY CERTIFY, that on this
day of , A.D. 20
before me personally appeared,
to me known to be the person described in and who executed the foregoing Covenant to the
County of Miami -Dade, a body Corporate, and a political subdivision of the State of Florida, and
acknowledge to me the execution thereof to be free act and deed for
the uses and purposes therein mentioned.
WITNESS my signature and official seal at , in the County
and State aforesaid, the day and year last aforesaid.
Notary Public, State of
My Commission expires:
(ACKNOWLEDGMENT - CORPORATION)
STATE OF FLORIDA
) SS.
COUNTY OF MIAMI-DADE )
BEFORE ME, the undersigned authority, this day personally appeared
and both being to me well know and know by me to be
the President and Secretary of
the a Corporation under the laws of the
State of , and which said Corporation is known by me to be the person
described in and which executed the foregoing Covenant, the said officers of the said
Corporation being likewise known by me to be the officers thereof who, in their official capacities
as such officers of said Corporation executed, signed and delivered the said Covenant as the
act and deed of said Corporation, and the said officers of said Corporation then and there
severally acknowledged to and before me that they executed the said Covenant, acting in their
said official capacities, for and as the act and deed of the said Corporation and in its name, and
impressed thereon its Corporate Seal, for the uses and purposes therein mentioned, and after
being thereunto by the said Corporation duly authorized and directed.
WITNESS my hand and official Seal at , in the County and
Sate aforesaid, on this, the day of ,A.D. 20
Submitted Into the public
record in connection
Item al } 2 on f Z
Priscilla A. Thompson
City Clerk
Notary Public, State of
My Commission expires:
EXHIBIT A
NDEX OF SHEETS
set No. Description
1 KEY SHEET
2 GENERAL NOTES
3-4 ROADWAY PLANS
5 DETARS
6 TRAFFIC CONTROL PLAN NOTES
7-8 TRAFFIC CONTROL PLAN
Mayor
Tomas P. Regalado
Chairman
Marc Sarnoff
Vies Chairman
Frank Carollo
CITY OF MIAMI
CAPITAL IMPROVEMENTS PROGRAM
ALICE N. BRAVO, P.E., Director
NW 17 AVENUE BETWEEN NW 3RD STREET AND NW 1ST STREET
INSTALLATION OF GUARDRAIL
B-30714
Commisloner
Wifredo (Willy) Cori
Commisloner
Francis Suarez
Commislonar
Richard P. Dunn II
City Manager'
Tony E. Crapp Jr.
/eJ
PROJECT MANAGER: BJA NUNEZ. PE
CONSTRUCTION MANAGER: EPIC RUSH
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PROJECT LOCATION
Suhp] -into pub4
record in connection with
item C A 2 on �//rf;
Priscilla A. Tho
City Ckail is
LOCATION MAP
?LTA.
Submitted Into the p
record in connection
item O. 2 on 54/_
Priscilla A. Thompson
City Clerk
ftFN RA NOTES:
I. A SURVEY WAS NOT BEEN CONDUCTED FOR THIS PROJECT AND IS NOT AMIABLE.
2. THE INFORMATION PROMO) ON THE PLANS ARE SISED ON TILE BEST AVAILABLE INFORMATION AND
SHOLIIA BE CONSIDERED APPROXIMATE. CONTRACTOR SHALL BE RESPONSIBLE FOR FAMILIARIZING
HIMSELF W7RH CURRENT 517E CONO7TION5. AND SHALL REPORT DISCREPANCIES TO THE ENGINEER PRIOR
TV STARTING WORK.
3. COMPACTOR MU SECURE WORK SITE TO PROTECT THE PUBLIC HEALTH AND WELFARE.
4. THE CONTRACTOR WILL SECURE AND PAY FOR ALL PERMITS FOR 711E WORK NECESSARY TO COMPLETE
0715 PROJECT.
5. ALL WORK HILL BE IN ACCOROANCE wily ME LATEST EDITION or THE car OF MW71 ENGINEERING
STANDARDS FOR DESIGN AND CONSTRUCTION. AND FOOT STANDARD SPECIFICATIONS FOR ROAD ANO
BRIDGE CONSTRUCTION, DMSTONS 2 AND 3.
6. CONTRACTOR TO REPAIR ALL DOMES INCURRED AS A RESULT OF CONSTRUCTION ACTIVITIES SUCH AS
RUT NOT LIMITED TO SIDEWALK, PAVEMENT. LANDS0API77G, FENCING. ETC. NO ADDITIONAL COMPENSATION
WILL BE CNEN.
7. CONTRACTOR ST WALL CONTROL/REMOVE DUST WI71! A STREET SWEEPER USING WATER OR OTHER
EQUIPMENT CAPABLE OF CONTROLLING DUST.
B. ALL PUBLIC IANO CORNERS ANTI MONUMENTS WITHIN LIE UNITS OF CONSTRUCTION SHALL LIE PROTECTED
BY THE CONTRACTOR AS FOLLOWS: CORNERS AND MONUMENTS IN CONI1JCT WITH THE WORK AND IN
DANGER OF BEING DAMAGED, DESTROYED OR COVERED SHALL BE PROPERLY REFERENCED BY A
REGISTERED LAND SURVEYOR IN ACCORDANCE WITH THE MINIMUM TECHNICAL STANDARDS OF THE FLORIDA
BOARD OF PROFESSIONAL LAND SURVEYORS. PRIOR TO BEGINNING WORK AT THE SITE ME CONTRACTOR
SHALL RETAIN THE LAND SURVEYOR TO REFERENCE, ANTI RESTORE UPON COMPLETION OF THE WORK, ALL
SUCH CORNERS AND MONUMENTS AND SHALL FURNISH THE ENGINEER A SIGNED AND SEALED COPY OF
THE LAND SURVEYORS REFERENCE DRAWING. COST OF 11715 WORK SHALL 8E DEEMED INCIDENTAL TO THE
TOTAL PROJECT COST.
9. THE CONTRACTOR SHALL NOTIFY THE CITY IN WRITING AT LEAST 48 HOURS PRIOR TD COMMENCEMENT OF
CONSTRUCTION.
10. THE CONTRACTOR SHALL BE RESPONSIBLE FUR PROVIDING A PROPER STAGING AREA.
II. THE CONTRACTOR SHALL SE RESPON518LE TO SATISFY ALL REOUIREMENTS OF ANY REGULATORY AGENCY
PLRMRS IN REGARDS TO CONSTRUCTION ACTIVITIES AND RELATE(' CONDITIONS PRIOR TO ME START OF
CONSTRUCTION.
I2. ME CONTRACTOR SHALL MAINTAIN PEDESTRIAN AND VEHICULAR ACCESS TO ALL ADJACENT PROPERTIES AT
ALL TIMES UNLESS OTHERWISE APPROVED BY THE CRY.
13. THE CONTRACTOR SHALL NOT ENCROACH INTO PRIVATE PROPERTY WR11 PERSONNEL, MATERIAL OR
EOUIPMENT.
14. THE CONTRACTOR SHALL DISPOSE OF ALL EXCESS EXCAVATED MATERIAL ANTI DEBRIS TO AN APPROVED
SITE IN A LEGAL MANNER AT NO ADOITIONAL COST TO THE PROJECT.
15. STOCK/NI/NC OF MATERIAL IN ROADWAY 15 NOT ALLOWED.
16. ME CONTRACTOR SHALL VERIFY, PHOTOGRAPH AND INVENTORY THE EXACT LOCATION OF AIL EXISTING
TREES, STRUCTURES, PAVEMENT OR OTHER FEATURES. ANY EXISTING STRUCTURE, PAVEMENT, TREE OR
OTHER EXISTING FEATURE, WHICHI IS IN CONFLICT OR DAMAGED, EXPOSED OR IN ANY WAY DISTURBED SY
CONSTRUCTION PERFORMED UNDER THE CONTRACT, SHALL BE RESTORED PROMPTLY TO NS ORIGINAL
COND7710N AT NO ADDITIONAL COST TO 717E PROJECT.
17. ME CONTRACTOR SHALL NOTIFY ME ENGINEER 1N IVR7RNG IMMEDIATELY OF ANY CONFLICT ARISING
DURING CONSTRUCTION FOR ANY WPROVEMENTS SHOWN ON MESE DRATRNGS.
16. ALL CONSTRUCTION LAYOUT SHALL BE ME RESPON57B1LRY OF THE COMPACTOR.
19. ALL PROPOSED WORK SHALL BE PERFORMED WITHIN THE UM1F5 OF 711E EXISTING STATE/LOCAL
RIGHT-OF-WAY, AND ALL IMPROVEMENTS SHALL BE CONSTRUCTED IWO INSTALLED MAIN SAID LIMITS.
ENViRONMENTAL NOTES•
1. DUE TO THE LIMREO SCOPE OF WORK, INO IMPACTS IT) EXISTING HISTORICAL AND CULTURAL RESOURCES
ARE EXPECTED AS A RESULT OF THE PROPOSED ACTION.
2. ANY MATERIAL TO BE STOCKPILED FOR PERIODS GREATER THAN 24 HOURS SHALL BE PROTECTED BY
APPROPRIATE EROSION CONTROL DEVICES.
3. NO STAOTING OR OMER ACTMTIES FOR THIS PROJECT SHOULD OCCUR WITHIN THE ORIPUNE OF EXISTING
TREES.
4. PREVENT DAMAGING TREES AND PLANTERS W77H7N OR IMMEDIATELY ADJACENT TO THE PROJECT'S
RIGHT-OF-WAY.
5. CONTRACTOR SHALL KEEP NEW AND EXISTING INLETS GLEAN OF MILLING MATERIALS AND DEBRIS. INLETS
LOCATED NEAR CONSTRUCTION ACTMTIES SHOULD BE PROTECTED BY APPROPRIATE EROSION CONTROL
DEVICES.
DROP OFFS:
I. THE CONTRACTOR SWILL PROTECT THE WORK ZONE WITH DEVICES APPROVED 8Y THE CRY OF
MNMI CONSTRUCTION MANAGER WHEN DROP GETS EXCEED J ADJACENT TO TRAVEL WA75. •
1. AT THE END OF EACH WORK DAY OR WHENEVER THE WORK ZONE BECOMES INACTIVE ANY DROP OFF
ADJACENT TO THE PEDESTRIAN, BACYVLE, AND W7¢ELCWUR TRAVEL PATHS SHALL BE BACK FILLED FLUSH
147114 SAID PATHS OR PROTECTED wITH B404lCADES, TEMPORARY CONCRETE BARRIER. OR APPROVED
1WDRNL COST OF BACK FILLING DROP OFT SHALL BE INCLUDED IN MAINTENANCE OF TRAFFIC PAT ITEM.
2. PEDESTRIAN, BICYCLE, AND WHEELCHAIR TRAFFIC SHALL DE MAINTAINED AND GUIDED USING APPROVED
WARMNG UGW75, SIGNING, AND CHANNE EATION DEVICES ON AT LEAST ONE SIDE OF THE PROJECT AT ALL
TIMES DIROUG7fOUT THE PROJECT UMIT5. ITHE TRAVEL PART SAHEL BE A MINIMUM OF 4 FEET WIDE WTTII A
SMOOTH SURFACE THAT IS NOT SLICK AND IT SHOULD 7£' RAMPED AS NECESSARY FOR CONTINUITY. C05T
TO CONSTRUCT ANTI MAINTAIN THE TRAVELI PATH AS REQUIRED SH411 BE INCLUDED IN MAINTENANCE OF
TRAFFIC PAY ITE1I.
PROJFCT RECORD DOCUMENTS'
7. DURING THE LILY PROGRESS OF TIME JOB THE CONTRACTOR SHALL RECORD THE EXACT LOCATION AND
LENGTH OF ALL PROPOSED IMPROVEMENT ON HIS SET OF CONSTRUCTION DRAWINGS
2. UPON COUPLET7GN OF CONSTRUCTION PRIOR TO FINAL PAYMENT, THE CONTRACTOR SHALL SUBRIT TD
THE ENCIHEER ONE COMPLETE SET OF ALL 45 BUILT' CONSTRUCTION CTLWCES AN0 DIMENSIONS, AND
LOCATIONS OF ALL IMPROVEMENTS. MESEI SHALL INCLUDE CLEAR SPACE DIMENSIONS FROM P7PERA1L TO
BACK OF SIDEWAX.
3. ALL •As -BUILT" INFORMATION SHALL BE IRDFIED 8Y A R08704 REGISTERED LAND SUR117DR AMR) ALL
FINIAL MEASUREMENTS ARE TO BE IN THE IFDRM OF FIELD NOTES.
UTILITIES:
1. LOCATION AND SIZE OF U71U77E5 ARE NQIIT PRWIOED IN THESE PLANS.
2. TWO FULL BUSINESS DAYS PRIOR 70 DIG`G1NG, THE CONTRACTOR SHALL CAW. "SUNSHINE STATE ONE'
AT BIT 70 REQUEST L7TILITIY LOCATIONS BEFORE BEGINNING ANY CONSTRUCTION ACTIMTIES.
3. EXISTING UTILITIES SHALL BE MAINTAINED TN SERVICE DURING CONSTRUCTION UNLESS OTHERWISE
APPROVED BY THE UIILT' OWNER. ALL EXISTING UTIUTTES ARE TD REMAIN UNLESS OTHERWISE NOTED.
I
4. 7T SIWl BE ME CONTRACTOR'S SOLE RESPONSIBILITY TO VERIIGLLY AND HORIZONTALLY PROTECT ANT
AND ALL EXISTING UTILITIES ON THIS PROJECT. ANY DAMAGE TO SUCH URU ES SHOWN OR NOT SHOWN
ON ME PLANS SHALL BE 1MMED7AIELY REPORTED ID ME UTILITY OWNER. 7HE OWNER RESERVES ME
R7GN1 70 REMEDY SUCH DAMAGE BY OROERINO OUTSIDE PARTIES TO MAKE SUCH NEPA/RS AT THE
EXPENSE TD ME CONBACIOR.
RE VII IONS
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GENERAL NOTES
5