Resolution 2022-32291 RESOLUTION NO. 2022-32291
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, APPROVING AND AUTHORIZING THE CITY
MANAGER AND CITY CLERK TO EXECUTE A MAINTENANCE MEMORANDUM
OF AGREEMENT (MMOA), BETWEEN THE CITY AND THE FLORIDA
DEPARTMENT OF TRANSPORTATION(FDOT),ASSIGNING TO THE CITY THE
FULL MAINTENANCE RESPONSIBILITIES FOR CERTAIN LANDSCAPING AND
ARCHITECTURAL FEATURES AND IMPROVEMENTS ALONG A PORTION OF
STATE ROAD (SR)907(ALTON ROAD)AT LINCOLN ROAD, IN CONNECTION
WITH THE REDEVELOPMENT OF THE PROPERTY LOCATED AT 1628-1634
ALTON ROAD.
WHEREAS, OSIB MIAMI BEACH PROPERTIES, LLC, (the "Owner') owns the property
located at 1628-1634 Alton Road, as identified by Miami-Dade County Folio Nos. 02-3234-018-
0170 and 02-3234-018-0180 (the "Property"); and
WHEREAS,the Owner has obtained certain approvals from the City in connection with the
redevelopment of the Property; and
WHEREAS, SR 907, also known as "Alton Road," is a roadway maintained by the state of
Florida, pursuant to the Florida Statutes and through the authority of the FDOT; and
WHEREAS, the City, under permit 2020-L-691-00010, requested that the Owner install
certain landscaping and architectural features and improvements (the "Improvements") on the
Property and along a portion of Alton Road at Lincoln Road in accordance with the Hardscape Plan,
Planting Plan, Plant List and Specifications, Irrigation Plan, Irrigation Specifications, and Lighting
Plan (collectively, the "Site Plans"); and
WHEREAS, in addition to adherence to the installation of the Improvements in accordance
with the approved Site Plans,the City will require the Owner to execute a Declaration of Restrictive
Covenants(the"Declaration") concerning the Improvements which Restrictive Covenants include
provisions delineating Owner's responsibility to adequately maintain the Improvements as required
by the development approvals and as required by the FDOT, at no cost to the City; and
WHEREAS, the Owner has applied to the City for permission to install the Improvements
within the ROW,which extend into the FDOT's jurisdiction along a portion of Alton Road at Lincoln
Road; and
WHEREAS,as a condition to approving the issuance of the required permits for the project,
the FDOT is requiring that the City execute a Maintenance Memorandum of Agreement(MMOA),
pursuant to which the City assumes responsibility for the maintenance of such portions of the
Improvements as are located on Alton Road (the MMOA is attached to the Memorandum
accompanying this Resolution); and
WHEREAS, pursuant to the Declaration, the City will transfer to Owner all maintenance
obligations imposed upon the City under the MMOA; and
WHEREAS,the Improvements will enhance the aesthetic appeal of the intersection of Alton
Road and Lincoln Road.
NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA that the Mayor and City
Commission hereby approve and authorize The City Manager and City Clerk to execute a
Maintenance Memorandum of Agreement (MMOA), between the City and the Florida
Department of Transportation (FDOT), assigning to the City the full maintenance
responsibilities for the landscaping and architectural feature and improvements within a
portion of State Road (SR) 907 (Alton Road) at Lincoln Road, in connection with the
redevelopment of the property located at 1628 -1634 Alton Road, provided that the City
transfers all responsibilities to the owner of such property pursuant to a Declaration of
Restrictive Covenants.PASSED and ADOPTED THIS 11(
day of §Pp160(2022
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SEP 2 1 2022
APPROVED AS TO
FORM & LANGUAGE
&FOR EXECUTION
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Resolutions-C7 V
MIAMI BEACH
COMMISSION MEMORANDUM
TO: Honorable Mayor and Members of the City Commission
FROM: Aline T. Hudak, City Manager
DATE: September 14, 2022
SUBJECT:A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY
OF MIAMI BEACH, FLORIDA,APPROVING AND AUTHORIZING THE CITY
MANAGER AND CITY CLERK TO EXECUTE A MAINTENANCE
MEMORANDUM OF AGREEMENT (MMOA), BETWEEN THE CITYAND THE
FLORIDA DEPARTMENT OF TRANSPORTATION (FDOT), ASSIGNING TO
THE CITY THE FULL MAINTENANCE RESPONSIBILITIES FOR
THE LANDSCAPE AND ARCHITECTURAL FEATURE AND
IMPROVEMENTS ON THE PROPERTY AND WITHIN THE RIGHT OF WAY,
AND ALONG A PORTION OF STATE ROAD (SR) 907 (ALTON ROAD) AT
LINCOLN ROAD, IN CONNECTION WITH THE REDEVELOPMENT OF THE
PROPERTY LOCATED AT 1628-1634 ALTON ROAD.
RECOMMENDATION
The Administration recommends approving the Resolution.
BACKGROUND/HISTORY
The Applicant, OSIB MIAMI BEACH PROPERTIES, LLC, is the owner of the property
located at 1628-1634 Alton Road, as identified by Miami-Dade County Folio Nos. 02-3234-
018-0170 and 02-3234-018-0180 (the "Property").
The owner has obtained certain approval from the City in connection with the redevelopment of
the property located at 1628-1634 Alton Road. The City, under permit 2020-L-691-00010,
requested that the owner install landscaping, architectural features and improvements on the
property and along a portion of State Road (SR) 907 (Alton Road) at Lincoln Road in
accordance with the Hardscape Plan, Planting Plan, Plant List and Specifications, Irrigation
Plan, Irrigation Specifications, and Lighting Plan(collectively, the"Improvements").
In addition to adherence to the approved site plans,the City will require the Owner to execute a
Declaration of Restrictive Covenants Concerning Improvements in Public Right-Way, regarding
their responsibility to adequately maintain the Improvements required by the development
approvals and as required by FDOT, at no cost to the City.
The Owner has applied to the City for permission to install the Improvements within the right-of-
way, which extend into the Florida Department of Transportation's (FDOT)jurisdiction along a
Page 469 of 1700
portion of State Road (SR)907 (Alton Road)at Lincoln Road.
In order for FDOT to approve the issuance of the required permits for the project, FDOT is
requesting that the City be responsible for the maintenance of the improvements via a
Maintenance Memorandum of Agreement(MMOA), attached hereto.
FDOT will approve the permits for the proposed improvements, as long as the City agrees to
execute an MMOA with FDOT, accepting full maintenance responsibility for the area. The City
has executed several similar agreements in the past where landscape and nonstandard
materials have been installed.
SUPPORTING SURVEY DATA.
Results from the 2019 Resident Survey related to perception satisfaction of the City show that
79% of residents were very satisfied/satisfied and rated the City of Miami Beach as a place to
live; and 70%were very satisfied/satisfied with the overall image of the City.
FINANCIAL INFORMATION
No fiscal impact
Applicable Area
South Beach
Is this a"Residents Right Does this item utilize G.Q.
to Know" item. pursuant to Bond Funds?
City Code Section 2-14?
Yes No
Strategic Connection
Prosperity- Revitalize targeted areas and increase investment.
Legislative Tracking
Public Works
ATTACHMENTS:
Description
o CitizenM 1212- Maintenance Agreement- Landscaping 5-13-22
o CITY OF MIAMI BEACH Lincoln Mon MMOA
o Draft Reso
Page 470 of 1700
This instrument prepared by:
Name: Graham Penn, Esq.
Address: Bercow Radell Fernandez Larkin&Tapanes PLLC
200 S. Biscayne'Boulevard, Suite 300
Miami, FL 33131
DECLARATION OF RESTRICTIVE COVENANTS
AND MAINTENANCE AGREEMENT
KNOW ALL BY THESE PRESENTS that the undersigned OSIB MIAMI BEACH
PROPERTIES, LLC (the "Owner") hereby makes, declares and imposes on the land herein
described, covenants running with the title to the land, which shall be binding on the
Owner, its heirs, successors and assigns, personal representatives, mortgagees, lessees,
and against all persons claiming by, through or under them (the "Declaration");
WHEREAS, the Owner holds fee simple title to the land in the City of Miami Beach,
Florida (the "City"), located at 1628-1634 Alton Road (Folio Nos. 02-3234-018-0170 and
02-3234-018-0180) and more particularly described as (the "Property"):
Lots 8 and 9, Block 45, Commercial Subdivision, according to the
plat thereof recorded in Plat Book 6, Page 5, of the Public Records
of Miami-Dade County, Florida.
WHEREAS, the Owner has obtained several development approvals and building
permits from the City in connection with its redevelopment of the Property with a
commercial development; and
WHEREAS,the City requires the Owner to design, construct and install landscaping
and architectural features and improvements on the Property and within the public right-
of-way adjacent to the Property and further described on Exhibit A attached hereto and
incorporated herein by reference (the "Enhancements");
WHEREAS, the City requests the Declaration from the Owner to ensure that the
Owner will maintain or cause to be maintained the Enhancements in a satisfactory matter,
without liability or cost to the City; and
Page 471 of 1700
DECLARATION OF RESTRICTIVE COVENANTS
FOR LANDSCAPE MAINTENANCE
Page 2 of 9
NOW THEREFORE, for good and valuable consideration,the receipt and sufficiency
of which are hereby acknowledged,the City and Owner voluntarily agree that the Property
shall be subject to the following provisions that are intended and shall be covenants
running with the land and binding upon the Owner, its successors and assigns, as follows:
1. The Owner shall install and maintain all Enhancements including
landscaping and irrigation systems, above-grade utility infrastructure, lighting, pedestrian
ramps and steps, and pedestrian sidewalk improvements as described in Exhibit A in
accordance with the City's Routine Ground Maintenance Specifications, attached hereto
and incorporated herein as Exhibit B. All Enhancements shall be at Owner's sole cost and
expense.
2. The Owner shall further maintain the landscape, irrigation systems and
bonding aggregate paving located within the sidewalk area of the right of way of Alton
Road (State Road 907) in a manner consistent with the requirements of the "Florida
Department of Transportation Landscape, Irrigation and Bonded Aggregate Paving
Maintenance Memorandum of Agreement with the City of Miami Beach" dated May 30,
2012 and approved through City Resolution No. 2012-27899 (attached and incorporated
herein as Exhibit C).
3. The Owner agrees to replace, restore, and/or repair the aboveground
Enhancements at the Owner's expense following a necessary and permitted utility cut for
replacement, construction, or maintenance work of utilities or a major natural disaster.
The City shall notify the Owner in writing and provide thirty (30) calendar days' notice in
advance of such work and shall make all necessary effort to salvage and store on-site any
of the Enhancements' salvageable material and shall provide a temporary restoration
surface with a City standard material such as cement or asphaltic concrete. Upon receipt
of notice from the City, the Owner shall have forty-five (45) calendar days to undertake
any restoration work. Restoration performed within the public right of way should not
exceed ten (10) working days following the completion of the repairs/construction
activity. This time period may be reasonably extended by the City to account for the
impact of permitting delays, unanticipated delays caused by utility providers, and Acts of
God (including fire, flood, earthquake, hurricane, or other natural disaster). The City shall
remain responsible for all repairs, restorations, or replacement of any underground
utilities.
Page 472 of 1700
DECLARATION OF RESTRICTIVE COVENANTS
FOR LANDSCAPE MAINTENANCE
Page 3 of 9
Notwithstanding the above, after the completion of any excavation or
temporary encroachment, and before the Owner undertakes any restoration work, the
Owner and the City shall confer as to whether any party (e.g., the City, any agency, or a
private party) intends to perform any work (e.g., any excavation or temporary
encroachment) in the future that would be likely to damage, disrupt, disturb, or interfere
with any restoration. If such future work is anticipated, then the Owner may request that
the City extend the restoration deadline to the date which is forty-five (45) calendar days
after such future work is completed (subject to extension to the extent that such
restoration cannot be completed using commercially reasonable efforts within such forty-
five (45) calendar day period), and such request for an extension shall not be unreasonably
withheld, conditioned, or delayed. Furthermore, such deadline shall automatically be
extended if the City, any agency, or a private party is scheduled to perform future work
within the area within the six (6) month period following the completion of the prior
excavation or temporary encroachment.
4. If the Owner breaches any of its obligations as specified herein (and same
are not waived in writing by the City), then the City shall provide the Owner written notice
specifying the nature of the default. The Owner shall have thirty (30) calendar days after
receipt of such notice within which to cure the specified default, after which time the City
may take action to complete the restoration work, at the Owner's expense. However, if
the nature of such default is such that the same cannot reasonably be cured within such
thirty (30) day period, then the Owner shall not be deemed to be in default if the Owner
shall, within such period, commence such cure and thereafter diligently prosecute the
same to completion.
5. The Owner shall obtain and maintain a liability insurance policy in the
covered amount of$1,000,000 per incident,to provide compensation for personal injuries
or related claims stemming from any error, omission, negligence, or misconduct on the
part of the Owner, or any of its respective officers, agents, servants, employees, or
contractors in the installation or maintenance of the Enhancements. The Owner shall add
the City as an additional insured on the Certificates of Insurance for Liability.
6. The Owner shall indemnify, hold and save the City, and its officers, agents,
contractors, and employees, whole and harmless from and against all claims, demands,
actions, damages, losses, costs, liabilities, expenses, and judgments of any nature
recovered from or asserted against the City on account of injury or damage to person(s)
Page 473 of 1700
DECLARATION OF RESTRICTIVE COVENANTS
FOR LANDSCAPE MAINTENANCE
Page 4 of 9
or property, to the extent that any such damage or injury may be incident to, arise out of,
or be caused, either proximately or remotely, wholly or in part, by any act, error, omission,
negligence, or misconduct on the part of the Owner, or any of their respective officers,
agents, servants, employees, or contractors in the installation or maintenance of the
Enhancements. The Owner shall be entitled to select counsel of the Owner's choice to
defend the claim; provided, however,that such counsel shall first be approved by the City
Attorney,which approval shall not be unreasonably conditioned,withheld or delayed;and
provided further, that the City shall be permitted, at its cost and expense, to retain
independent counsel to monitor the claim proceeding. Notwithstanding the foregoing,
the Owner shall not be obligated or liable to the City, or any third parties, for any claims,
demands, actions, damages, losses, costs, liabilities, expenses, or judgments resulting
from the negligence, recklessness, or willful misconduct of the City or its officials,
employees, contractors, representatives, or agents.
7. The Owner acknowledges that the City shall have no financial and/or other
obligation and/or liability for the maintenance of the Enhancements (including, without
limitation, any liability for improper or inadequate maintenance by the Owner); these are
the sole obligations of the Owner to maintain. Additionally, it is the intent of the parties
hereto that no third party beneficiary rights are created or acknowledged through this
Declaration.
8. The provisions of this Declaration shall become effective and shall be
binding upon the Owner and the Owner's successors and assigns, upon its recordation in
the public records of Miami-Dade County, Florida, and shall continue in effect for a period
of thirty (30) years after the date of such recordation, after which time they shall be
extended automatically for successive periods of ten (10) years each, unless modified,
amended or released prior to the expiration thereof.
9. This Declaration sets forth the entire agreement of the parties with respect
to the subject matter hereof and supersedes all prior discussions, negotiations,
understandings or agreements relating thereto. This Declaration may be modified,
amended or released as to any portion of the Property by a written instrument executed
by the then owners of the fee-simple title to the land to be affected by such modification,
amendment or release providing that same has been approved by the Public Works
Director. Should this instrument be so modified, amended or released, the Public Works
Director shall execute a written instrument in recordable form effectuating and
Page 474 of 1700
DECLARATION OF RESTRICTIVE COVENANTS
FOR LANDSCAPE MAINTENANCE
Page 5 of 9
acknowledging such modification, amendment or release.
10. This Declaration shall be recorded in the Public Records of Miami-Dade
County, Florida, at the cost of the Owner.
11. An action to enforce the terms and conditions of this Declaration may be
brought by the City and may be, at law or in equity, against any party or person violating
or attempting to violate any provision of this Declaration or provisions of the building,
zoning or land development regulations, either to restrain violations or to recover
damages.
12. This Declaration shall be enforceable in Miami-Dade County, Florida. This
Declaration shall be governed by, and construed in accordance with, the laws of the State
of Florida, both substantive and remedial, without regard to principles of conflict of laws.
The exclusive venue for any litigation arising out of this Declaration shall be Miami Dade
County, Florida. BY ENTERING INTO THIS DECLARATION, THE OWNER AND THE CITY
EXPRESSLY WAIVE ANY RIGHTS EITHER PARTY MAY HAVE TO A TRIAL BY JURY OF ANY
CIVIL LITIGATION RELATED TO, OR ARISING OUT OF, THIS DECLARATION.
13. In any action or proceeding involving this Declaration or the contents
hereof,the prevailing party shall be entitled to recover from the other party the prevailing
parry's reasonable costs and expenses actually incurred in such action or proceeding.
14. All notices, demands, requests, or other communications which may be or
are required to be given, served, or sent by either the Owner or the City pursuant to this
Declaration shall be in writing and addressed as follows:
If to OSIB MIAMI BEACH PROPERTIES, LLC: citizenM USA Properties 2 LLC
148 Madison Avenue
Second Floor
New York, NY 10016
Attn: Legal
With copies to: Bercow Radell Fernandez Larkin &
Tapanes PLLC
Attn: Graham Penn, Esq.
Page 475 of 1700
DECLARATION OF RESTRICTIVE COVENANTS
FOR LANDSCAPE MAINTENANCE
Page 6 of 9
200 S. Biscayne Boulevard,
Suite 300
Miami, Florida 33131
If to the City: City of Miami Beach
Attn: City Manager
1700 Convention Center Drive
4th Floor
Miami Beach, Florida 33139
With copies to: City of Miami Beach
Attn: Public Works Director
1700 Convention Center Drive
4th Floor
Miami Beach, Florida 33139
Each Party may designate by notice in writing a new address to which any notice,
demand, request or communication may thereafter be so given, served or sent.
Page 476 of 1700
DECLARATION OF RESTRICTIVE COVENANTS
FOR LANDSCAPE MAINTENANCE
Page 7 of 9
APPROVED AS TO
FORM & LANGUAGE
City Attorney Date
City Public Works Director Date
[SIGNATURE PAGE CONTINUES ON NEXT PAGE]
Page 477 of 1700
DECLARATION OF RESTRICTIVE COVENANTS
FOR LANDSCAPE MAINTENANCE
Page 8 of 9
IN WITNESS WHEREOF, OSIB MIAMI BEACH PROPERTIES, LLC have caused these
presents to be signed in its name by its proper officials.
Witnesses:
OSIB MIAMI BEACH PROPERTIES, LLC
Signature Address: citizenM USA Properties 2 LLC
148 Madison Avenue
Second Floor
New York, NY 10016
Print Name By:
Signature
Print Name
STATE OF NEW YORK )
SS:
COUNTY OF NEW YORK
On the day of in the year 20 , before me, the undersigned,
personally appeared , personally known to me or proved to
me on the basis of satisfactory evidence to be the individual whose name is subscribed to
the within instrument and acknowledged to me that she executed the same in her
capacity, and that by her signature on the instrument, the individual, or the person upon
behalf of which the individual acted, executed the instrument.
NOTARY PUBLIC, State of New York at Large
(NOTARY SEAL)
My Commission Expires:
Page 478 of 1700
DECLARATION OF RESTRICTIVE COVENANTS
FOR LANDSCAPE MAINTENANCE
Page 9 of 9
EXHIBIT A
Description of Enhancements
The enhancements include planting Bridalveil trees (Caesalpinia granadillo), Natchez
Crepe Myrtle trees (Lagerstromia fauriei 'Natchez'), and Live Oak trees (Quercus
virginiana), Horizontal cocoplum (Chrysobalanus icaco 'Horizontal'), Dwarf Pitch Apple
(Clusia rosea 'Nana'), Simpson's Stopper(Myrcianthes fragrans), and Bahama Wlid Coffee
(Psychotria ligustrifolia). All planters will be irrigated with spray irrigation and lighting will
be installed. Additional detail sheets are attached.
Page 479 of 1700
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e 200AFIH)TPLANTING O L100
CITY OF MIAMI BEACH ROUTINE GROUNDS MAINTENANCE
SPECIFICATIONS
1. STANDARDS AND REFERENCES: The landscape maintenance personnel shall be well
versed in Florida maintenance operations and procedures, Florida Friendly Landscaping, and
integrated Pest Management practices. All employees shall be competent and skilled in their
particular job in order to insure that they properly perform the work assigned.
The following organizations provide standards and publications which shall be used as a guide
for conducting grounds maintenance services. Any deviations from these standards should be
approved by the City in writing:
• Florida Cooperative Extension Services, 18710 SW 288th Street, Homestead, Florida,
33030.
• Florida Turf-Grass Association, Inc., 302 Graham Avenue, Orlando, Florida, 32803-
6399.
• National Recreation and Park Association, 1601 N. Kent Street, Arlington, Virginia,
22209.
• Florida Recreation and Park Association, 1406 Hays Street, Suite 1, Tallahassee,
Florida,32301.
• Florida Department of Transportation, "Manual on Traffic Controls and Safe Practices
for Street&Highway Construction,Maintenance and Utility Operations."
• Institute for Regional Conservation.
• Florida Department of Environmental Protection.
• American National Standards Institute A-300 Standards.
• Florida Nursery,Growers and Landscape Association.
2. MATERIALS: All materials supplied and used by landscape maintenance personnel shall be
the highest quality and used in accordance with manufacturer's directions. Commercial
products such as fertilizers and pesticides shall bear the manufacturer's label and guaranteed
analysis. City inspectors may require tests and reject materials not meeting these
specifications or manufacturer's guarantee.Salvage materials will not be allowed.
A. REPLACEMENT:Any plants which are damaged or die as a result of improper
maintenance,inadequate or lack of irrigation or lack of sufficient maintenance shall be
replaced by the landscape maintenance personnel,at no cost to the City,within ten
(10)calendar days upon discovery by the landscape maintenance personnel or
notification by the City.The following criteria shall be used to determine if replacement
is necessary.
i. Plants are not in a healthy growing condition and this renders them
below the minimum quality standard (Florida Grade #1 as defined by
the Florida Grades and Standards Manual for Nursery Plants).
ii. There is a question of any plants ability to thrive after the end of the
maintenance period which would render it below the minimum quality
standards (Florida Grade #1 as defined by the Florida Grades and
Standards Manual for Nursery Plants).
iii. The plant material is dead.
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Page 481 of 1700
3. SIZE,QUALITY,AND GRADE OF REPLACEMENT:
A. Replacement material shall be of the same brand,species,quality and grade as that of
the material to be replaced, or it shall conform to the Florida Grades &Standards for
nursery plants Florida #1 Quality, whichever is higher. The size of the replacement
plants shall not be necessarily the same size as the original specified plant at its initial
planting. The replacement shall be of equal size to the plant to be replaced at the time
it has been determined that it must be replaced. However, if for some reason, the
plant to be replaced is smaller than the size to be replaced,the replacement shall be
at least equal to the original size when the maintenance period began.
B. Plants shall be sound, healthy, and vigorous, free from plant disease, insect pests or
their eggs, and shall have normal root systems and comply with all State and local
regulations governing these matters,and shall be free from any noxious weeds.
C. All trees shall be measured six(6)inches above ground surface.
D. SHAPE AND FORM: Plant materials shall be symmetrical, and/or typical for variety
and species.
E. All plant materials must be provided from a licensed nursery.
4. WATER:Should landscape maintenance personnel be required to supply water temporarily,the
water shall be fresh(non-salt),and containing no harmful levels of pollutants or chemicals.
5. SOIL:
A. Any soil supplied by landscape maintenance personnel shall be good, clean, friable top
soil (or soil mix), free from any toxic, noxious or objectionable materials, including
rocks,lime rock,plant parts or seeds.
B. "Planting Soil Mix" shall be equal parts of Canadian peat, silica sand, and composted
organic matter,sterilized.
C. "Muck-sand-soil"shall be 70 percent silica sand and 30 percent Florida peat.
6. FERTILIZER:All fertilizer shall be the best commercial grade and except for free flowing liquids,
shall be delivered to site and be dry when processed for application. Fertilizers shall be in
appropriate containers and tagged. Special permission from the City is required to use bulk
fertilizers.
Landscape maintenance personnel may be required to submit copies of the manufacturer's
specifications for all fertilizer including data substantiating that the proposed materials comply
with specified requirements.
7. PESTICIDES (INSECTICIDES, FUNGICIDES, HERBICIDES, ETC.): Insecticides&Fungicides
shall be only those which are approved or recommended for use near open water bodies and
those specified. Only the Federal Environmental Protection Agency (EPA) approved products
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Page 482 of 1700
shall be used.
All pesticides are to be registered and approved for use by the Florida Department of
Agriculture.
Landscape maintenance personnel should document and retain to be produced if requested, a
schedule of spraying and dusting materials to be used to control pests and disease infestation,
the reason for their use and the method to be used to apply the materials and the method of
application before it is delivered and used on the site. The need for pest and disease control,
will be determined by the landscape maintenance personnel's Horticulturist. Also, if requested
by the City, landscape maintenance personnel will furnish documentation that the
implementation of these control measures for pests and disease infestation is in strict
compliance with all Federal,State,and Local Regulations. Any use of pesticides in Parks must
be approved in writing by City.
8. MISCELLANEOUS MATERIALS: Mulch shall be Amerigrow Recycling's or City approved
equivalent shredded, round-wood, recycled mulch Pine Bark Brown in color. Other mulch types
may be required upon request by the City.
9. EQUIPMENT: Equipment supplied by landscape maintenance personnel shall be designed for
or suited to the grounds maintenance task in which it is to be used. Equipment will not be used
in areas or to perform tasks where damage will result to the landscapes or sites.
Landscape maintenance personnel shall maintain supplied equipment in a good appearance
and all equipment shall be maintained in a safe,operational and clean condition.
10. COMPLETION OF WORK: All work is to be completed in a continuous manner. That is all
mowing, edging, weed control, trimming, litter removal, etc. shall be completed before leaving
the job site.
11. GROUNDS MAINTENANCE FUNCTIONS AND TASKS:
A. TURF CARE: Maintain turf areas in a healthy, growing green and trim condition by
performing the following operation:
i. SITE PREPARATION: The landscape maintenance personnel shall, prior to
mowing,retrieve materials and dispose of waste to include,and not be limited
to, papers, glass, bottles, cans, fallen tree limbs and/or fronds, and all other
deleterious materials found on the sites listed herein. Should the landscape
maintenance personnel have knowledge of the existence of hazardous
wastes upon lands covered by the provisions of this agreement, the
landscape maintenance personnel shall have a duty to immediately notify the
City in writing of such a condition,and provide information on the disposal of
the material.
B. MOWING GENERAL
i. Mowing shall be performed in a workmanlike manner that insures a smooth
surface appearance without scalping or leaving any "missed" uncut grass.
Special care will be required to avoid scalping swales and on top of berms.
Line trimmers will not be permitted for cutting grass in areas larger than 64
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Page 483 of 1700
square feet.
ii. Reel mowers will be used on Bermuda, Paspalum and Zoysia grass.
iii. Rotary mowers will be used on St.Augustine and Bahia grass.
iv. All mowers are to be adjustable and adjusted to the proper cutting height and
level for the kind of grass and current condition of the turf. Mower blade
height adjustment is to be measured from a level floor surface to the parallel
and level plane of the mower blade.
v. All mower blades are to be maintained sharpened condition and sharp enough to
cut,rather than to tear grass blades.
vi. All litter and debris is to be removed from turf before mowing to avoid shredding
that will damage turf appearance, or items that may be propelled by mower
blades.
vii. Mowing will be done carefully so as not to"bark"trees or shrubs,or to introduce
weeds into ground cover beds,or to damage sprinkler heads,curbs, or other
facilities.
viii. Grass clippings or debris caused by mowing or trimming will be collected and
removed from the turf or from adjacent walks, drives, gutters and curbs or
surfaces on the same day as mowed or trimmed and legally disposed of at an
off-site location at Contractor's expense. Dispersion of clippings by the use of
blowers is expressly forbidden.
ix. Mowing will not be done when weather or other conditions will result in damaged
turf.
C. MOWING SPECIFICS
i. ST.AUGUSTINE GRASS: Mow only with a rotary mower a minimum of once per
week during the growing season of May through the end of September and at
other General Service,as needed,throughout the year.
ii. BAHIA GRASS: Turf shall be mowed at 4" to 4 1/2 "above soil level with a
mower designed for use in the specific circumstances. Remove clippings from
areas if excessive clippings result from the mowing operation.
D. TRIMMING AND EDGING: Landscape maintenance personnel shall trim and property
edge all shrub and flower beds as well as trees, curbs, walks, lighting and all other
obstacles in the landscape and remove clippings. Paved areas(hard edges) shall be
edged every mowing with respect to the turf type adjacent to the edging. Edging of
beds and the tree rings (soft edging) shall be executed not less than every other
mowing with respect to the turf type adjacent to the edging. Turf edging at shrub beds,
flower beds, ground cover beds, hedges, or around trees (where "edging" rather than
"trimming" is directed), shall be edged with a manual or mechanical edger to a neat
vertical uniform line. Line Trimmers are not to be used for vertical edging or for cutting
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turf grass in areas lager than 64 square feet. Line trimming of large areas shall be
considered contrary to Accepted Standard Industry Maintenance Practices and subject
to payment reductions as described in Appendix B Section 1.5. Edge grass at plant bed
lines to keep grass from growing toward shrubs, keep the width of sod as it was
originally placed. Care shall be taken to avoid damage of ground cover weed barrier.
Grass will be trimmed at the same height as adjacent turf is mowed, and to remove all
grass leaves from around all obstacles and vertical surfaces in the turf, such as posts,
walls,fences, etc. Particular attention will be given to trimming around sprinkler heads
and other irrigation system components to assure their proper water delivery function.
The mechanical line trimmers are not to be used within eighteen (18") inches of tree or
palm trunks and are not to be used in lieu of a trim mower,to mow large areas of grass.
Note: Damage to property or existing vegetation by improper trimming or edging shall
be repaired or replaced within 48 hours at landscape maintenance personnel's
expense. All walks and other paved areas littered in the lawn maintenance process
shall be vacuumed, swept, or blown off while the mowing, edging, or trimming is in
process so that the appearance suffers for the least amount of time. Direct clippings
back on to the site not in to the roadway. Debris shall never be disposed into storm
drains, adjacent properties or in to adjacent roadways. Shell, mulch, gravel or other
porous walk ways shall be raked clean with a fan rake. Blowers are not to be used on
shell, mulch or sand walkways. Landscape lighting shall be wiped, blown off or
vacuumed as needed to prevent accumulation of clippings and dead insects.
Landscape areas shall be raked and cleaned of clippings, leaves, sticks, twigs, and all
litter during each service visit.
Materials cleaned from grounds may not be disposed on-site, and must be removed
from locations at landscape maintenance personnel's expense.
12. PRUNING SHRUBS AND GROUND COVER PLANT BED AREA MAINTENANCE: All shrubs
and ground cover plants growing in the work areas shall be pruned, as required, to maintain
plants in a healthy, growing,flowering condition and to maintain plant growth within reasonable
bounds to prevent encroachment of passageways,walks, streets, view of signs or any manner
deemed objectionable.
A. BED AREA MAINTENANCE: The landscape maintenance personnel shall keep the
bedded areas free of dead plants, leaves, and branches at all times. All beds shall be
vertically edged, and kept weed free at all times. Edge grass at plant bed lines to keep
grass from growing toward shrubs, keep the width of sod as it was originally placed.
Landscape edging where used must be kept in place, and vertical as it was originally
installed.
B. SHRUBS:All shrub material shall be pruned a minimum of once per month to insure
the best shape, health, and character of the individual plant. Mechanical trimming may
only be utilized when the health or appearance of the plant will not be damaged by the
mechanical trimmers.
C. GROUNDCOVER: All groundcover material shall be pruned a minimum of once per
month to insure the best shape, health, and character of the individual plant.
Groundcover plants shall be selectively cut back to encourage lateral growth and kept
inbounds and out of other plantings,walkways, lighting,etc.Mechanical trimmings may
only be utilized when the health or appearance of the plant will not be damaged by the
mechanical trimmers.
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13. TREES AND PALM PRUNING: Trees and palms are to be maintained in a healthy, growing,
safe, attractive condition and in their proper shape and size according to variety, species and
function in the landscape.
A. Emphasis to be placed on the proper (natural) shape and size. Limit the amount of
trimming done to meet special purposes, e.g., sign clearance on businesses, leaves
dropping on outdoor tables,etc.The City's tree code states that it is unlawful to destroy
a tree's natural shape. This type of pruning to be performed only with the approval of
the City Urban Forester.
B. SEC. 46-62. TREE ABUSE PROHIBITION: It shall be unlawful to abuse any tree
located within the boundaries of the City of Miami Beach, either public or private. The
following acts shall constitute tree abuse:
• Damage inflicted upon any part of a tree, including its root system, by
machinery,mechanical devices,soil compaction,excavation, intentional
vehicle abuse, chemical applications,changes to the natural grade,fire,
storage or disposal of toxic or hazardous substances,or any removal of
the outer bark area.
• Damage inflicted to or cutting a tree which permits infection or pest
infestation.
• Cutting any tree which destroys its natural shape, such as topping or
hat racking.
• Fastening any sign, rope, wire or object by nail, staple, chemical
substance, or other adhesive means to go on through, or around, any
tree,causing permanent damage to the tree.
• Any pruning, or cutting, in violation of the practices established by the
American National Standards Institute (ANSI)A300 Standards for Tree
Care Operations.
C. PRUNING: All pruning shall be in compliance with the most recent tree maintenance
standards as published in the American National Standards Institute (ANSI) A300
Standards for Tree Care Operations.All tree pruning must be done by an ISA certified
arborist or under the direct,on-site supervision of an ISA certified arborist.
Pruning will also be required from time to time to remove damaged branches from
storms, frost, pruning to prevent encroachment of branches over streets, into private
property, obscuring view of signs or traffic, particularly at a road intersection, or
interference with lighting,etc.
Tree branches shall be pruned up to seven (7') feet over walkways and in areas so
designated by the City Urban Forester. All tree pruning shall be accomplished in
accordance with the most recent American National Standards Institute (ANSI) A300
Standards for Tree Care Operations.
In addition to the situations mentioned in the preceding text, Pruning shall include the
following items:
• Dead,dying or unsightly part of the tree
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• Remove sucker growth from base of the trees in which an exposed
trunk character is desired
• Crossed branches that may rub together
• 'V'crotches with included bark,which are subject to failure subordinate
multiple leaders if the tree normally has only a single stem
• Growth that interferes with the movement of vehicle or pedestrian traffic,
signage, or lighting. Nuisance growth includes the removal of all
dangerous thorns, spikes or appendages which show potential conflict
with people
All branches, dead wood, and cuttings shall be removed from the job site at time of
pruning and disposed of in an acceptable manner. All lawn and shrub areas damaged
by pruning equipment shall be restored.
Palms are to be pruned a minimum of four times a year,in June,September, December
and March. Minor pruning as otherwise required to remove brown or broken fronds,
prevent encroachments, and remove fruit shall be done throughout the year. Special
attention should be paid Coconut Palms and Date Palms where fallen fruit may present
a hazard to pedestrians or property or create problems with sanitation.
D. NATURAL SHAPING AND THINNING: Prune, thin, and trim all trees at least once a
year. Trees should be inspected and evaluated monthly, and pruning scheduled as
needed for health, development of structural strength, public safety, maintenance of
clearances, etc. to keep the trees healthy, to (1) maintain the natural character of the
variety,(2)to control shape and to prevent crowding. Pruning in general shall consist of
the removal of dead, broken, fungus infected, superfluous, and intertwining branches,
vines, and the removal of dead or decaying stumps and other undesirable growth.
Palms shall be pruned as needed to remove fruit,inflorescence, dead fronds and weak
stalks. In order to prevent the spread of disease and reduce the possibility of nutrient
deficiencies,only dead, brown fronds should be removed under normal circumstances.
Whenever live plant tissue is being cut, including for example, diseased, broken or
mostly dead fronds or fruits or inflorescences, tools shall be disinfected. Disinfect tools
between palms by soaking in a (5.25%) - 25% dilution Chlorine bleach and water
solution for a minimum of 5 minutes. Chainsaws shall not be used on Phoenix spp.
Due to the difficulty in sanitizing chainsaws, hand saws only will be permitted.
Saws must be disinfected after pruning each Phoenix palm. Palms shall not be
excessively pruned, i.e., above the horizontal plane with the ground, or the 3 o'clock/9
o'clock crown positions. Remove brown or broken fronds only unless removal is
required due to encroachments.
E. STAKING AND GUYING AND TREE SET-UP: Maintain existing and adjust tree stakes,
guy wires and hoses or blocks, until trees are capable of standing vertical and/or
resisting normal winds.
i. Landscape maintenance personnel shall be responsible for the complete
removal and replacement of those trees lost due to faulty maintenance or
negligence,as determined by the City Urban Forester.
ii. Replacement shall be made by landscape maintenance personnel in the kind
and size of tree determined by the City Urban Forester.
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All trees that have died or have been blown or knocked over are to be reported
immediately upon discovery to the City Urban Forester.
iv. With prior approval from the City Urban Forester, it is the landscape maintenance
personnel's responsibility to remove and properly dispose of all dead or injured
trees and/or weed trees such as but not limited to Florida Holly, Melaleuca or
Australian Pines. Landscape maintenance personnel shall set and support
trees that have been knocked or blown over
v. Landscape maintenance personnel shall be responsible for removing all graffiti,
signs, posters, boards, supports and any other material(s) attached or
fastened to trees,or from elsewhere on the site,as directed by the City Urban
Forester.
14. WEED CONTROL
A. All landscape areas within the specified area, including lawns, shrub and ground cover
beds, planters, and areas covered with concrete, pavers, gravel or shell, shall be kept
free of all weeds at all times.This means complete removal of all weed growth shall be
accomplished at each service visit. For the purpose of this specification,a weed will
be considered as any undesirable or misplaced plant. Weeds shall be controlled either
by hand, mechanical,or chemical methods.The City may restrict the use of chemical or
mechanical weed control in certain areas. Mechanical weed control shall not disturb
the mulch layer so as to expose the underlying soil.
i. Weeds are to be mowed,trimmed,or edged from turf areas as a part of turf care
operations.
ii. Weeds are to be manually removed from shrub, hedge, ground cover or flower
beds, unless chemical or mechanical means are specifically authorized. Line
Trimmers are not to be used for weed control in mulched areas. Use of line
trimmers in mulched areas shall be considered contrary to Accepted Standard
Industry Maintenance Practices. Damaged plant material resulting from such
practice shall be replaced in kind.
iii. Weeds are to be removed from walkways, curbs, expansion joints, and along
fence lines and guardrails at each service.
B. If infestations cannot be controlled by hand-pulling, or herbicide use will damage or kill
the shrubs or ground-covers, the bed may be excavated, after removing all plants.
Then,weeds may be destroyed before replanting by any of the following methods:
i. Sterilize the soil;or
ii. Allow weeds to re-establish a vegetative top and treat with a systemic herbicide,
at least two(2)applications,about two(2)weeks apart,or until there is a 90%
kill;or
iii. After the kill, apply, immediately after replanting,a pre-emergent herbicide,such
as Treflan or prior to replanting utilizing a ground cover fabric.
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iv. If it is determined by the City that the landscape maintenance personnel
responsible for maintenance allows weed infestations to spread beyond the
ability to control them, then the removal, treatment, and replacement of the
planting bed shall be done as described above by the landscape maintenance
personnel at no cost to the City. Soil which exhibits significant weed growth
within one (1) month after planting, (20% ground coverage of the bed by
weeds)shall be considered as previously weed-infested.
15. LITTER CONTROL
A. TRASH GENERATED FROM LANDSCAPING ACTIVITIES: Landscape maintenance
personnel shall promptly remove all debris generated by his pruning, trimming,
weeding, edging, and other work required in the specifications. Storm drains shall be
kept clear and free of debris. Debris must be disposed of at an authorized site for
commercial use. Neighborhood trash transfer stations or road side piles are not
considered authorized sites. Landscape maintenance personnel shall clean driveways
and paved areas with suitable equipment immediately after working in them. All
cuttings are to be collected and removed on same day as cut.
B. LITTER REMOVAL: Litter shall be removed from all turf areas, landscape beds, walk
ways and all hard surfaces at each regularly scheduled service.
16. FERTILIZATION AND SOIL TESTING:The fertilizer used shall be a commercial grade product
and recommended for use on each plant type. Specific requirements should be determined by
soil test results,soil type,and time of year.Applications shall proceed continuously once begun
until all areas have been completed. In the event fertilizer is thrown on hard surfaces, it shall be
removed immediately to prevent staining.
A. TURF
i. ST. AUGUSTINE: St. Augustine turf areas that contain palms shall be fertilized
three (3) times per year; with "Palm Special Fertilizer"with the formulation of
8N-2P205-12K20+4Mg with micronutrients. 100%of the N,K,and Mg must be
slow release with micronutrients in a water soluble form, applied according to
label rates.
For all other turf grass areas; applications to be made during the following
months:April,July,and October.The N<P<K ratios shall vary with the time of
year of the application and results of the soil analysis.
The approximate N,P,K ratios should be:
• One(1)application of a 5:2:1 ratio with a post-emergent weed
control;
• One (1) application of a 10:1:2 ratio with Insecticide, and one
application being a blanket application of insecticide in accordance
with IPM(Integrated Pest Management)standards;
• One(1)application of a 3:1:3 ratio;
ii. GROUNDCOVER AND SHRUBS: The fertilizer for all planted shrubs and
groundcovers shall meet appropriate horticultural standards with an N, P, K
ratio of 3:1:2, unless soil conditions or plant species dictate differently, with at
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least 60%of the nitrogen from a non-water soluble organic source.
All shrubs and groundcovers shall be fertilized by broadcasting by hand over
the beds three(3)times per year during the months of April,July and October.
Changes in fertilization rates, methods and composition must be approved by
the City in writing.
iii. FERTILIZATION OF TREES AND PALMS: The fertilizer for all the planted trees
shall be a complete slow release fertilizer with minor elements, with a N,
P, K ratio of 3:1:2 or 3:1:3 (e.g. 12-4-8 or 15-5-15, unless soil conditions or
plant species dictate differently,.
All Trees 5"caliper or under shall be fertilized three(3)times per year:
April,July and October. Landscape maintenance personnel to apply a
complete slow release fertilizer with minor elements,applying 1 pound of
Nitrogen per 1000 square feet of area of root zone(drip line plus 50%).
All Palms shall be fertilized four (4) times per year; every three (3)
months; during the months of January, April, July and October.
Contractor to apply Palm Special Fertilizer" with the formulation (8N-2P205-
12K20 +4Mg) with micronutrients. 100% of the N, K, and Mg must be slow
release with micronutrients in a water soluble form. The fertilizer shall be
broadcast evenly under canopy area at a rate of 1.5 lbs of fertilizer(not N)per
100 sq.ft.
17. DISEASE AND PEST CONTROL: To control or eradicate infestations by chewing or sucking
insects,leaf miners,fire ants,and other pests and diseases,spray affected plants with chemical
sprays and combinations of sprays suitable for that particular pest when the infestation or
infection becomes evident and as often thereafter as necessary. Landscape maintenance
personnel shall be fully licensed to apply pesticides. Landscape maintenance personnel shall
use sound cultural practices that aid in preventing the presence or proliferation of insect and
diseases. IPM (Integrated Pest Management) standards and principles shall be incorporated
into any approved disease and pest control plan. Insects in Bermuda, Paspalum and Zoysia
grass shall be controlled by both curative and preventative measures. Timing will be critical on
mole cricket applications and frequencies of application will be as needed to successfully
control their infestations.
A. All Royal Palms shall receive a root drench with Merit insecticide every February per
label directions to control summer infestations of the Royal Palm bug.
B. PHOENIX SPP.PALMS DISEASE CONTROL: Three times per year all Phoenix palms
will be treated with a systematic fungicide(s)which is labeled for Fusarium, Pithium,and
Phythophthora. These applications will be performed as a root drench during the
months of March, July, and November and are considered to be preventive
maintenance. Failure to complete applications as specified may result in landscape
maintenance personnel being liable for the replacement of Phoenix palms lost to these
diseases.
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18. APPLICATION OF HERBICIDES AND INSECTICIDES: Landscape maintenance personnel
may apply various herbicides by means of spray type devices to aid in the control of unwanted
weeds and vegetation.All applications shall be performed by persons holding a valid herbicide
application license as issued by the State of Florida and shall be done in accordance with the
herbicide manufacturer's recommended rates and all applicable Federal, State, County and
Municipal regulations.
A. Landscape maintenance personnel shall exercise extreme care so as not to over spray
and effect areas not intended for treatment. Areas adversely affected by such over
spray shall be restored by the landscape maintenance personnel at their expense.
B. When a chemical is being applied,the person using it shall have in their possession all
labeling associated with the chemical. Also,the chemical shall be applied as indicated
on the label. A specimen label and the Material Safety Data Sheet for each product
shall be retained and supplied to the City upon request.
C. All insecticides shall be applied by an operator licensed pursuant to Chapter 487 of the
Florida Statutes. The operator shall have the license/certification in his or her
possession when insecticides are being applied: The implementation of control
measures for pests and disease infestations shall be in strict compliance with all federal
and local regulations. Upon request, the landscape maintenance personnel shall
furnish documentation of such compliance.
D. The spraying of insecticides and other such chemicals are to be confined to the
individual plant. Spraying techniques which may introduce the material being sprayed
beyond the immediate area of the individual plant are strictly prohibited.
E. Spray or dust material on foliage only during calm days. Do not apply when leaves are
wet, when rain is expected within 34 hours after spraying, or when temperatures
exceed 88 degrees Fahrenheit. Spray at times when traffic is lightest (i.e., early
mornings or weekends). Use a surfactant to aid in adherence and absorption of the
material. Wash material off of pavements and buildings immediately after applying.
F. Landscape maintenance personnel shall utilize all safeguards necessary during disease
or insect control operations to ensure safety to the public.
19. TURF RENOVATIONS: Turf renovations may be required if conditions warrant such a
procedure and will be an extra charge. Conditions which warrant renovation include, areas
thinned out or damaged turf resulting from natural burnout, traffic, and any area which has
become unsightly.
Proper watering, fertilization and pest management will be critical during and after renovation.
Any irrigation damaged because of turf renovation will be repaired at landscape maintenance
personnel's expense.
20. IRRIGATION SYSTEM MAINTENANCE AND WATERING: Landscape maintenance
personnel will be responsible for the operation and maintenance of the automatic/manual
irrigation systems and for setting and adjusting the timer to insure proper watering of all plant
material in the landscape.
A. Landscape maintenance personnel will be responsible for the labor and supervision to
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make irrigation repairs to the lateral line, risers and sprinkler heads up to one inch (1")
in diameter as required to keep the system operating.
B. Landscape maintenance personnel will also, at least once a month, perform a Full
Irrigation Wet Test which will include fully operating all the irrigation zones and replace,
repair or clean all irrigation heads, lines, valves, valve boxes, filters and controllers as
needed. Any equipment damaged by landscape maintenance personnel shall be
replaced with the same equipment and by the same manufacturer.
C. Irrigation System shall be constantly maintained and adjusted to insure that no water
from the system hits the road or other hard surface.
D. Grass shall be cut back around all irrigation heads and valve boxes at least once per
month or more often as required to keep them clearly visible and fully operational.Care
shall be taken to avoid damage to the irrigation boxes,zone wires,sprinkler heads from
the required clearance activities, and any damage caused will be the landscape
maintenance personnel's sole responsibility to repair.
E. The irrigation shall be capable of providing 1-1/2" of water to all lawns and shrub beds
each week or as often as required to provide for a uniform lush green landscape
appearance.System shall be adjusted during the various seasons.
F. Landscape maintenance personnel shall be required to make all irrigation repairs within
a 24 hour time period or sooner to prevent water loss.
G. Irrigate as necessary during times of little or no rainfall using the automatic irrigation
system and any supplemental watering necessary to apply the proper amount of water
to keep plant material in optimum health. Under normal conditions, irrigate deep and
infrequently(2—3 times weekly)to promote a good root system. Water early mornings
within watering restrictions.Avoid watering in the evenings.
H. Landscape maintenance personnel are required to ensure adherence to all local
watering restriction ordinances. It shall be the responsibility of the landscape
maintenance personnel to pay any and all fines levied due to lack of compliance with
watering restrictions.
21. MULCHING BEDS
A. Replenish mulch in shrub beds as required to cover areas of bare soil,especially at the
edge of the bed and in places where the shrub canopy has not grown together to shade
the soil. Add mulch around tree trunks in sod areas. Mulch shall be added to maintain
a constant three (3) inches thickness. Do not pile mulch against tree trunks and
shrub stems.
B. Use Amerigrow Recycling's or a City approved equivalent shredded "round—wood"
mulch"Pine Bark Brown"color.
22. SAND REMOVALIPOLICING: Cleaning of debris within the confines of the sites by blowing,
sweeping,or vacuuming or other means must be performed as required to keep paved,bricked
or concrete surfaces clean and neat at all times.
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•
Attachment C
• . • • . •FLORIDA -DEPARTMENT OF TRANSPORTATION ' •
• LANDSCAPE, IRRIGATION AND BONDED AGGREGATE PAVING
•
_ - • MAINTENANCE MEMORANDUM OF AGREEMENT ' . •
WITH THE • . •
: CITY OF. MIAMI BEACH
.• • . This AGREEMENT, entered into on: . 3-0 . 20 ;by and •
between the STATE OF. FLORIDA 'DEPARTMENT TRANSPORTATION, an • -.
. : agency . of the State of Florida, he inafter called the
- . • . DEPARTMENT:, and the CITY OF MIAMI. BEACH, a municipal corporation.
• - : • of. the . State • of• Florida, hereinafter . called the- CITY, and - '
• collectively referred to as the PARTIES: - . .
. RECITALS: • • •' • .
•
• A. The DEPARTMENT has jurisdiction over State Road' " (S.R.)
. .' • • 907./Alton Road from 5th Street (MP 0.000) • to. • Michigan. . . •
Avenue. (MP 1:539) , which is located within the limits of ' • .
• the CITY.;., and -. • .
' B. The DEPARTMENT, pursuant to Contract ifT-6290•,' has .drafted .. . . .
design plans for beautification improvements on' .-S:R.
• . • • 907/Alton Road from 5th Street • to Michigan Avenue, the - • •
limits of which are .'described in the attached Exhibit 'A'
• (the PROJECT LIMITS) ,. .which' by reference shall become a'
• - • part of this AGREEMENT; and .
C. The -DEPARTMENT will install landscaping, irrigation systems
• and• bonded aggregate paving' .in accordance. with. the design . .
• plans for 'Contract •# T-6290 (the. "Project") ; and
- _ • D•. • .The PARTIES. •to this AGREEMENT mutually. recognize the • need •
• . • for entering into an agreement. designating_' and setting
• • • ';•.forth - the responsibilities of• each party with .'regards •to
- - . • the maintenance•.of the landscaping; irrigation systems and • .
. - - bonded aggregate paving installed pursuant to the Project; .
and . - .
E: • The CITY, by Resolution No.1Ol.Z-Z dated, 1.-Iq Q 201 Z,
•
. attached . hereto ' as Exhibit `B' , _ which by •refereiceF. shall •
become a of this AGREEMENT,. -desires to enter into this • '
AGREEMENT• and authorizes its officers to do• so. •
• - ' • ' '' •Maintenance Memorandum of Agreement between Florida Department of Transportation and City of Miami Beach • .
Page 1 of 13 - -
• - - Page 493 of.1700 . ' .
NOW, • THEREFORE, for and' in consideration of the mutual • . •
- benefits: contained herein and other good and valuable ••
. ::consideration, - the parties covenant and agree as follows:
1. RECITALS
. • ' • The recitals in this • AGREEMENT .are •true and correct, and
. • . are incorporated ' herein by reference and . made a part •• •• • .
- •• hereof. • . .
• . . DEPARTMENT RESPONSIBILITIES . . • - . ' .
•
•• - • • -• . • . ..The PARTIES agree that by executing this -AGREEMENT• all •
, maintenance _responsibilities pertaining: to the landscaping
. •and irrigation systems `within ' the •PROJECT LIMITS are
• assigned to the CITY. in perpetuity upon the DEPARTMENT'S
. • release of its contractor from further warranty work and -
. _.`, responsibility,• • as •set - forth . in Section 580-5 of the -
•
, . . • • Departments Standard Specification. - for Road and Bridge • .
Construction. .Additionally; . the PARTIES " agree that all
- maintenance .responsibilities pertaining. to the bonded
aggregate paving shall 'be assigned . .to the CITY in
•• - • perpetuity upon the DEPARTMENT'S issuance, of the•_Notice of .
• • ' Final-Acceptance of the Project to its .contractor:. • •
3. CITY'S MAINTENANCE RESPONSIBILITIES .
'. . ' The CITY shall maintain the landscaping,. irrigation systems • . -
. and bonded aggregate paving, .hereinafter may•also be called :
"Roadway Features" , in ' accordance with : all . applicable
DEPARTMENT .guidelines, standards, and 'procedures, which .
. . • shall .include but shall not be 'limited to the Maintenance
_•
- • 'Rating Program Handbook, as may be amended from time to' . . ,.
• time.:' , • Additionally, the CITY shall maintain.: the .
•landscaping,• irrigation systems and_ bonded aggregate paving' .
. in. - accordance ' with the International . Society : .of •
Arboriculture standards, 'guidelines, _and procedures, as may • .
.be amended from time to time, and in accordance • with the •
' - • •. ' .'.standards set forth in the ' Project• Plans,. and in the• . -
- • . Project Specifications and Special Provisions: The • CITY'S ' • .
• • maintenance obligations shall include' •but. not ' be limited.:
. .•to.: ••
Maintenance m m Meorandu of Agreement,between Florida Department.of Transportation and City of Miami Beach _ . . •
•
• . Page 2 of 13 • ' . • • -
. •• .' `• Page 494;of:1700 • •• ••
•
. a. Mowing, cutting and/or trimming 'and edging the grass
•
. . . . . and turf .- . • . . .
b. Pruning all .plant materials, which include trees,
• • shrubs and ground covers, .and 'parts' thereof . . -
- c'. Removing and properly disposing of dead, diseased or .
. otherwise deteriorated plants in their.: entirety-, and •
. ' •• ' replacing • those •• that fall below the 'standards . set
•• - forth ' in the. Project Plans and in the •Project .
. Specifications, incorporated .herein by reference, and ••
• all applicable Department-guidelines, standards : and
- procedures; . as may. be amended from • time to time. All . ..
- . . • replacement materials shall be in accordance with the .
.: -Project Plans and the Project Specifications and
Special Provisions. . •-
. ' d.• Mulching all plant beds and tree rings.. , . -
. e. Removing • and 'disposing .-of- all undesirable vegetation
•
• • . 'including but not limited to weeding of plant beds and
• ' •• removal. of invasive exotic'plant materials.. •
• • . f.' Watering and fertilizing all plants as needed to • '
.• . • '•- - -. . • ' maintain..the plant materials' in 'a •healthy and vigorous • • ' -
• growing condition. . -
- . .. . • - g. Performing routine and regular - inspection of .the '
irrigation system(s) ' to assure that the •'ss•tems are .
. fully -functional; • identifying damage. . -and/or.
• . - . . . malfunctions to - the system'(s) ; - repairing and/or . . . •
• • replacing broken. or missing irrigation equipment; and
.adjusting spray heads ,to eliminate overspray of water
- - . onto paved. areas. , • . '
h. Paying all for water use and all costs associated
: therewith. - . . . . . .
• . i.. Performing "routine and. regular Inspections of the'
bonded• aggregate paving• to' ensure that the paving is • - •
. fully -functional; identifying damage ' and/or .
• ' malfunctions in the paving; and repairing and/or . •
•
' • . '-Maintenance Memorandum of Agreement between Florida Department of Transportation and City of Miami Beach ' '
. - . • 'Page3•of13 .
Page 495 of 1700 .
•
- • - replacing damaged 'bonded aggregate paving to ensure •
. -paving is maintained . in accordance with all applicable .
- Department guidelines, standards, and. all applicable• -
.
' Americans with Disabilities' Act (ADA) requirements; . as . - •• .
•
amended from time to ,time. For any routine repairs or • •
' • . . replacement due to. •"noticeable scarring or surface
deterioration of the bonded aggregate. pavement, .the •
product authorized installer should be. contacted.
• j . Removing and disposing of . litter from roadside . and . '
. . • median strips in accordance . with •- all • applicable -
• government. rules, regulations, • policies, procedures,"
.. • - •• • guidelines, and manuals, as amended from time to time, . .
•
” - . • • - : k. Removing and . disposing �"of .: all - -trimmings, roots, . •
branches, litter, • and any other debris resulting ' froth. , • . -
• ' - - ' • ' the activities *described by •2 .A through .2 .J. " . • •
.' 1.•Maintaining• . . a service 'log of all . maintenance =
operations that sets forth the date of the maintenance • ••
. activity, • the location that was maintained, • and the - •
• • work that was. performed, '
•
• m. Submitting Lane • Closure Requests to the DEPARTMENT
when maintenance activities will require the closure " _ . •
. • of. a traffic lane in . the DEPARTMENT'S right-of-way.
• ' Lane closure requests shall be:. submitted. •through the .
. District Six Lane Closure. -Information System, to the '
• . - DEPARTMENT'S .area . Permit Manager and • in : accordance
• with' the District Six"Lane Closure Policy, as may: be -
amended from time to time -• ..
. The DEPARTMENT may, -at its sole -discretion, , perform ..
• periodic ' inspection of the Roadway Features • to ensure that • .
• .•• .- . . •the CITY ' is . • performing its duties pursuant • to this .
AGREEMENT The Department shall share: with , the CITY its •
- . -inspection findings; • and- may use those . findings as • the • •
-
basis of -its decisions regarding maintenance' deficiencies, : • - - - •
• ' .- as set forth ' in -Section . 4 of this ' Agreement.. The CITY is
- : responsible' for obtaining. copies -of all applicable rules,
• • " regulations, policies, procedures, guidelines,, • and -manuals,
' and the Project .Specification and Special Provisions, as
. . may be 'amended from time to ''time. - '.
•
•
• . •Maintenance Memorandum of Agreement between Florida Department of Transportation and.City.of Miami Beach .• . . ... •
" Page 4 of 13 . . .
.Page 496 of 1700 ,
4. MAINTENANCE -DEFICIENCIES •
' If a.t . any time it shall • come to • the attention of the -
• . DEPARTMENT that the CITY's. responsibilities as established
. . • 'herein are not being properly accomplished. pursuant' to the - -
: terms of this AGREEMENT, .the DEPARTMENT may, at its option,
. issue a written notice, in care of the • CITY MANAGER, to .
• • .notify the CITY of the maintenance- deficiencies . From- the . .
• • • • date of receipt of the notice, the CITY shall••have a period '
. .of thirty .(30) calendar days, within which €b correct the •
• - • • • • cited deficiency or'.deficiencies. ' Receipt is determined in
accordance with Section 5. of •this 'AGREEMENT.,. ' . '
If said deficiencies are not corrected within this time
- • Period, - the' DEPARTMENT may, at • its option,. . proceed as '
. follows: • •
a: Maintain the landscaping, . irrigation' systems ' and •
-
• bonded aggregate -paving, .or a part thereof and invoice
the CITY for expenses incurred; or .
• . b: Terminate this Agreement in accordance with Section. 7,
: ' remove any or all • landscaping, irrigation systems and
bonded aggregate 'paving located within the - PROJECT
LIMITS, . and charge the CITY the reasonable cost of
' such removal. ' .
5. NOTICES . •
All notices, requests, .demands, ' consents, approvals, and '.
other communication -which are required ' to be. served or
- given hereunder,, shall be. in writing and shall be sent by' -- •
certified U.S. • mail, • return receipt • requested,' .postage-
. ' prepaid, addressed •to . the party to ,receive such notices as
- .' . • • follows: • . . • . •
To -the DEPARTMENT: Florida Department of Transportation •
1. • . . 1000 Northwest 111 Avenue, Room 6205
' • • •• ' Miami; Florida •33172-5800:
' . - Attn: District Maintenance- Engineer
- • • . .To' the CITY: • City of. Miami Beach .-
-• ' Maintenance Memorandum of Agreement between Florida Department of Transportation and City of Miami Beach •
• Page 5 of 13 • •
Page 497 of 1700 •- .
• • . _ 1700 Convention- Center. :Drive . - •
. Miami, Florida. 33139
• - • • Attention: .City Manager
' - Notices shall be' deemed..to have been received by *the end of . _ '
- - - - five (5). business 'days ' from the proper sending thereof
• ' r ' unless proof of prior actual receipt is provided. . •
. - 6.. REMOVAL,•' RELOCATION OR, ADJUSTMENT OF' THE LANDSCAPE, .
IRRIGATION SYSTEMS AND BONDED AGGREGATE PAVING. .
. • • a. The PARTIES agree :that ' the Roadway. Features addressed
• . . " • : bar this AGREEMENT 'may ' be . removed, relocated or , '' • -
adjusted' at ' any . time in • the future, at the • '.
' - DEPARTMENT'S' sole discretion. In . the event that the * - '
• • . • DEPARTMENT relocates or adjusts the ' landscaping, .
irrigation systems and bonded , aggregate paving, .the
. • • CITY'S maintenance.' responsibilities . will survive the ' • .-
: relocation or adjustment, as long as the materials
remain within the PROJECT' LIMITS.. . •• .
7. TERMINATION .
' This AGREEMENT is subject to termination under any - one of • :
` -: • the followg in conditions: * - ., '
- - . • . • b., By the DEPARTMENT, *if the CITY fails., to perform its ' '
—.duties under Section •3• of • this AGREEMENT, following _ . . "
. ' ' the thirty (30) days 'written notice:, as .-specified in; ' .
. -. • Section 4 of this AGREEMENT. .. - . . ,
C. In ' accordance '.with Section 287 . 058 (.1) (c`) , Florida
• Statutes, . the ' DEPARTMENT shall reserve the right to . '
• • _ • ' Unilaterally cancel this -AGREEMENT if the CITY _refuses
•
• - ' - to allow .public access to any: or all documents', . .
-• - • papers';- letters, .or other ' materials made or . received
. by the CITY pertinent to this AGREEMENT which • are .
. ' . . '.subject to . provisions --of Chapter . 119, •of. the Florida ". ' . .
. -Statutes. . . .
•
. d. If •.mutually ' agreed to by both': parties, upon thirty
• (30) days advance notice: An agreement. to terminate . •
- • . • shall be valid only if made in writing and executed
. Maintenance Memorandum of Agreement between Florida Department of Transportation and City of Miami Beach .
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- -Page 498 of 1700 . • . • •
� '.,. with the same formalities .as this AGREEMENT.
-8: TERMS
•a. The effective date'. of this' AGREEMENT shall commence •
. • upon execution 'by the PARTIES. : This 'AGREEMENT shall •
-. • . - continue in perpetuity Or until -termination .:as ' het • •
• forth in Section 7. '
. ' b: For purposes of performing its duties: under this
AGREEMENT, the . CITY shall insert the following. clause
. . - into any contracts entered into by, the CITY, ' with . . .. •
vendors or contractors:''
' Vendors/Contractors: • ' • ; •
. ' •• •' i. Shall utilize the U.S Department • of Homeland
Security'.s 'E-Verify. system to' verify the • '
' employment eligibility of all new employees
hired by the vendor/contractor during. the
• term of the AGREEMENT, and • . . •
. . ; , ii . ' Shall expressly . require subcontractors
_ ' . . • performing. •work or: • providing services • •
.. . . pursuant to- the. state' contract .to likewise ... , •
• utilize ' the U.S.. Department . of,.. Homeland -
. • • . Security's E-Verify .system to , verify the. : •
" employment of all new employees :hired by the • - • •
• • subcontractors during :the. AGREEMENT term, .
c. This ' writing embodies : the entire agreement and •
. . . • ' • . .... understanding, between the PARTIES hereto and.•there are: - . .
• . • no , other agreements and ' understanding, oral or . •.
. written, with reference to the .subject matter hereof . -
• • • . • • - 'that •are not merged. herein •and'. superseded hereby. _ - . .
- • • • . d. This...AGREEMENT shall. not. 'be transferred • or assigned, . •
• • 'in whole or in. part, without the 'prior. written consent : • '
of the DEPARTMENT. • - . . '. ' _
• e: This AGREEMENT shall be. governed by and 'constructed in : ' '
• • • accordance with the • laws' .of- the' State of Florida. Any, • , .
provisions of this' AGREEMENT found to be•.unlawful ' or .. . •
• - ' -unenforceable shall be severable and shall' not affect • ' • ' •
• . • .. the validity of the remaining. -portions. • .-of the • ' '• •
Maintenance Memorandum of Agreement between Florida Department of Transportation and City of Miami Beach . . •
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- Page 499 of 1700 . . • '• • •
•
• - AGREEMENT: - _ - • . .
•
• • f_ venue for any and' all actions arising out of or in .
' connection to the ' interpretation, ' validity, .
•
performance . or breach' of this AGREEMENT shall • lie -
exclusively .in a state court of proper, jurisdiction in
Leon County, Florida. •
• - - g. A .modification or waiver of any of the provisions of -
. • this AGREEMENT shall 'be' effective only "if made. in • •
•
writing and. executed with the same formality as this
. • .. agreement. . . . . ".
h: The section headings contained in this AGREEMENT are
• . for reference purposes only and shall -not affect the
' - - meaning. or interpretation hereof. . . .
, . . . i. No term or' provision of this" AGREEMENT shall .be •
• ' interpreted for or against either Party . because the.
' - Party or its legal. representative . drafted' the ' •
. - provision..
. • . • , j . The • DEPARTMENT is a state agency, • self-insured and • • _ •
• subject to the provisions of Section •7.68 .28., Florida •- ••
• Statutes, as- may be amended from time to-..time. Nothing •
• in this . AGREEMENT shall be deemed or otherwise .
. - interpreted as ' waiving .the . DEPARTMENT'S • sovereign -
• immunity protections,. . or as increasing the. limits of. • •
, - . . liability •.as set: forth in Section 768 .28, 'Florida
7. . , Statute's . . . . - • ••
9. INDEMNIFICATION . '
'Subject ..to Section768 .28,, Florida Statutes, • as may be . •
' • ' amended from time ' to ' time, • the -CITY shall promptly '
• • indemnify,. defend, 'save and hold harmless the DEPARTMENT, • '
' ' its officers, agents, representatives • and' employees. 'from' •
any ;and , all. losses, expenses, - fines, :fees, taxes,
. . • - .. • assessments, penalties, costs., damages, judgments, claims,. •
' 'demands, liabilities, attorneys fees, (including regulatory '
• • and appellate fees) , and suits of any nature or kind .'
• whatsoever caused, by, • arising .out of, or related to the - . '
• • CITY'S • exercise or . attempted exercise of - * its
'.' . . -responsibilities as set out in this AGREEMENT, including .
• -- - - • but not limited to-, any act, action, neglect or: omission by . -
• . - Maintenance Memorandum of Agreement between Florida Department of Transportation and City of Miami Beach
Page 8of13" .
. - .Page 500 of-1700 .
•
. the ' :CITY, its . officers, agents, employees or . .
• ','. .representatives. in any - way. ,pertaining. to this sagieement, .
whether direct• or indirect, except that neither the CITY
-nor any of • its • officers, agents, employees •or - •
representatives will • be . liable. under this provision for .
• . ' , damages, arising out of injury or damages directly caused. or - .
'resulting from the sole negligence of the DEPARTMENT'. • - •
- .The CITY' S obligation to indemnify, defend and• pay for the - " " •
. defense of, the DEPARTMENT, or at the 'DEPARTMENT'S option, -
- . • to participate and associate with the DEPARTMENT in the ' .
. _ defense and trial of any claim and any related settlement . . - . •
• . • • •• negotiations, shall be . triggered immediately upon the . •
. ' • CITY'S receipt—of the DEPARTMENT''S notice ' of claim for '
indemnification. The. notice of claim for indemnification "
' shall be deemed received if the DEPARTMENT sends ,the 'notice • -
•
in accordance, with the formal notice mailing • requirements •
' set• forth in Section 5 'of this AGREEMENT. The- DEPARTMENT'S
. failure to notify the CITY of a' claim shall not release the . ' . -
•
`
: . • CITY .of the' above duty .to defend . and indemnify -the ' .
' • ' . DEPARTMENT. ' -
. • .r • - - The CITY- • shall- pay all costs, and •- fees" related to this - - -..'
.
.- - .. obligation .and' its '- enforcement by:: the. DEPARTMENT. . The
• ' indemnification provisions - of this 'section shall survive - • : •
.termination. or expiration of this AGREEMENT, but only with
• •• ' •• : . respect. to .those * claims that arose. - from -acts' or
circumstances which occurred prior to termination or
' expiration of this AGREEMENT: .
The CITY'S evaluation of • liability or its inability to. • .' .
- ' ..evaluate liability shall not', excuse the CITY'S duty to
• . ' defend and indemnify the DEPARTMENT under the provisions of
this section. Only, an adjudication or.' judgment, after the- .
-- . . . ' highest appeal -is-- exhausted; - specifically finding the • .
• DEPARTMENT. was solely negligent shall excuse 'pe.rformance of - .
this .provision by. the CITY. -
Maintenance Memorandum of Agreement between Florida Department of Transportation•and City of Miami Beach • -
• . •- •• , • .Page .
• • - • - • Page 501 of 1700 , . • . - -
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•
•
•
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•
•
IN. WITNESS -WHEREOF, the parties. hereto have caused these
• presents'. to be executed the day and year first above written. • •
CITY- OF MIAMI BEACH:- • •STATE •OF FLORIDA ' •
. DEPARTMENT OF TRANSPORTATION: •
- . • ' BY: BY: .
CI Mayor District DirectG2 r of
• • • • Transportation Operat4ons . • • '
•
• ,i4y -y
• Y
ATTEST: , ' I' may.
(SEAL) ATTEST: \ ` '.l : i;-' • F„ ••
•C TY Clerk • Executi •'•tS'zcreta /�' - • . •
•
• LEGAL REVIEW: `` ' •
-'--- +`''
•
,� •i/ BY: C Fl 1 • '
yj Worne • '4-36-►2-- District. Chic Counsel • •
Maintenance Memorandum of Agreement between Florida Department ofTransportation and City of Miami Beach
• • S • Page 10 of 13' -
Page 502 of 1700 ••'
•
• • EXHIBIT `A'
PROJECT LIMITS •
• .Below are the limits of • the landscape, irrigation and• bonded -
•aggregate paving to be maintained under this AGREEMENT. • •
• • • • State Road Number: 907/Alton• Road .
•
Agreement Limits: From 5th Street (M.P. 0.000) to.
.Michigan Avenue (M.P. 1.539) '. , • . .
. . County: Miami-Dade •• .
• •Maintenance.Memorandum of Agreement between Florida Department of Transportation and City of Miami Beach .
• . _ . - Page l l of 13
Page 503 of 1700 -
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• Maintenance Memorandum of Agreement between Florida Department of Transportation and City of Miami Beach . •
Page 12 of 13 • •
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•
• • . , . ,. • Page 504 of 1700 - '
•
• • EXHIBIT `B ' . - •. • '
•
• ` CITY OF MIAMI BEACH RESOLUTION .. -.
• ' . To be herein incorporated once .ratified by the CITY Board of
Commissoners.i .
•
•
•
•
•
•
. Maintenance Memorandum of Agreement between Florida Department of Transportation and City of Miami Beach •
Page 13 of 13. . ' '
• Page 505 of 1700 -
FLORIDA DEPARTMENT OF TRANSPORTATION
PATTERN PAVEMENT CROSSWALKS, LANDSCAPING AND
MISCELLANEOUS PEDESTRIAN FEATURES
MAINTENANCE MEMORANDUM OF AGREEMENT
WITH THE
CITY OF MIAMI BEACH
This AGREEMENT, entered into on , 20 , by
and between the STATE OF FLORIDA DEPARTMENT OF
TRANSPORTATION, an agency of the State of Florida,
hereinafter called the DEPARTMENT, and the CITY OF MIAMI
BEACH, a municipal corporation of the State of Florida,
hereinafter called the CITY, and collectively referred to as
the PARTIES.
RECITALS:
A. The DEPARTMENT has jurisdiction over State Road (SR) 907
(Alton Road) at Lincoln Road, which is located within the
limits of the CITY; and
B. The CITY, pursuant to Permit Numbers 2020-A-691-00021 and
2021-L-691-00007, has drafted design plans for
improvements along SR-907 (Alton Road) at Lincoln Road,
the limits of which are further described Exhibit 'A'
attached hereto and made part hereof (PROJECT LIMITS) , have
been approved in accordance with the design plans
referenced in said Permit (PLANS) ; and
C. The CITY will install pattern pavement crosswalks,
landscaping and pedestrian features along SR-907, inside
the DEPARTMENT Right-of-Way, within the PROJECT LIMITS, in
accordance with Permit Numbers 2020-A-691-00021 and 2021-
L-691-00007 (the "Project") ; and
D. It is the intent of the PARTIES for this AGREEMENT to
supplement all existing Maintenance Memorandum of
Agreement and existing Permits previously executed between
the DEPARTMENT and the CITY; and
E. The PARTIES to this AGREEMENT mutually recognize the need
for entering into an agreement designating and setting
forth the CITY' s responsibilities with regards to the
Maintenance Memorandum of Agreement between Florida Department of Transportation and City of Miami Beach(SR-907)
Page 1 of 13
Page 506 of 1700
maintenance of the pattern pavement crosswalks,
landscaping and pedestrian features (the "IMPROVEMENTS")
within the PROJECT LIMITS; and
F. The CITY, by Resolution No. , dated
attached hereto as Exhibit 'B' , which by reference shall
become a part of this AGREEMENT, desires to enter into this
AGREEMENT and authorizes its officers to do so.
NOW, THEREFORE, for and in consideration of the mutual
benefits contained herein and other good and valuable
consideration, the PARTIES covenant and agree as follows :
1. RECITALS
The recitals in this AGREEMENT are true and correct, and are
incorporated herein by reference and made a part hereof.
2. DEPARTMENT RESPONSIBILITIES
The PARTIES agree that the execution of this AGREEMENT shall
constitute an assignment of all maintenance responsibilities
pertaining to the IMPROVEMENTS within the PROJECT LIMITS to
the CITY upon the DEPARTMENT's acceptance of the CITY' s work.
3. CITY'S MAINTENANCE RESPONSIBILITIES
So long as the IMPROVEMENTS remain in place, the CITY shall
be responsible for the maintenance of the same. The CITY
shall maintain the IMPROVEMENTS in accordance with all
applicable DEPARTMENT guidelines, standards, and procedures,
which shall include but shall not be limited to the
Maintenance Rating Program Handbook, as may be amended from
time to time. Additionally, with respect to the landscape,
the CITY shall maintain same in accordance with the
International Society of Arboriculture standards, guidelines
and procedures, the latest edition of the "Maintenance Rating
Program", and Index 546 of the latest DEPARTMENT Design
Standards, as may be amended from time to time. The CITY
shall further maintain the IMPROVEMENTS in accordance with
the standards set forth in the Project Plans, and in the
Project Specifications and Special Provisions . The CITY' s
maintenance obligations shall include but not be limited to:
Maintenance Memorandum of Agreement between Florida Department of Transportation and City of Miami Beach(SR-907)
Page 2 of 13
Page 507 of 1700
So long as the IMPROVEMENTS remain in place, the CITY shall
be responsible for the maintenance of the same, at CITY' s
sole cost and expense. The CITY shall maintain the pattern
pavement crosswalks, landscaping and pedestrian features in
accordance with all applicable DEPARTMENT guidelines,
standards, and procedures, which shall include but shall not
be limited to the Maintenance Rating Program Handbook, as
may be amended from time to time . Additionally, the CITY
shall maintain the landscape in accordance with the
International Society of Arboriculture standards, guidelines
and procedures, the latest edition of the "Maintenance Rating
Program", and Index 546 of the latest DEPARTMENT Design
Standards as may be amended from time to time. The CITY
shall further maintain the landscape, turf and hardscape in
accordance with the standards set forth in the Project Plans,
and in the Project Specifications and Special Provisions.
The CITY' s maintenance obligations for all proposed
landscape, turf, pedestrian features, and pattern pavement
crosswalks shall include but not be limited to:
3.1 General Requirements:
a. Removing and disposing of litter from PROJECT LIMITS in
accordance with all applicable government rules,
regulations, policies, procedures, guidelines, and
manuals, as amended from time to time.
b. Maintain all gravity walls, pedestrian steps, risers,
handrails, bus shelters, and all elements associated
with the aforementioned features .
c. Removing and disposing of all trimmings, roots,
branches, litter, and any other debris resulting from
the activities described by 3. 1 through 3.2 .
d. Maintaining a service log of all maintenance operations
that sets forth the date of the maintenance activity,
the location that was maintained, and the work that was
performed.
e. Submitting Lane Closure Requests to the DEPARTMENT when
maintenance activities will require the closure of a
traffic lane in the DEPARTMENT' s right-of-way. Lane
closure requests shall be submitted through the District
Six Lane Closure Information System, to the DEPARTMENT' s
Maintenance Memorandum of Agreement between Florida Department of Transportation and City of Miami Beach(SR-907)
Page 3 of 13
Page 508 of 1700
area Permit Manager and in accordance with the District
Six Lane Closure Policy, as may be amended from time to
time.
3.2 Pattern Pavement:
a. Within sixty (60) days of project acceptance by the
DEPARTMENT, all lanes of each patterned crosswalk shall
be evaluated for surface friction. The friction test
shall be conducted using either a locked wheel tester
in accordance with FM 5-592 (Florida Test Method for
Friction Measuring Protocol for Patterned Pavements) or
a Dynamic Friction Tester in accordance with ASTM E1911 .
FM5-592 can be accessed at the following link:
http://materials.dot.state.fl.us/smo/admin istration/resources/library/publications/f
stm/Methods/fm5-592.pdf
b. The initial friction resistance shall be at least 35
obtained at 40 mph with a ribbed tire test (FN4OR) or
equivalent. Failure to achieve this minimum resistance
shall require all deficient crosswalk areas to be
removed to their full extent (lane-by-lane) and replaced
with the same product installed initially. If the
DEPARTMENT determines that more than 50% of the lanes
in the intersection require replacement, the entire
intersection installation may be reconstructed with a
different product on the Qualified Products List (QPL)
or replaced with conventional pavement.
c. Approximately one (1) year after project acceptance and
every two (2) years thereafter and for the life of the
adjacent pavement, only the outside traffic lane areas
of each patterned crosswalk shall be tested for friction
resistance in accordance with ASTM E274 or ASTM E1911 .
Friction resistance shall, at a minimum, have a FN4OR
value of 35 (or equivalent) .
d. The results of all friction tests shall be sent to the
District' s Warranty Coordinator with a cover letter
either certifying that the crosswalks comply with the
minimum friction criteria, or stating what remedial
action will be taken to restore the friction.
e. Failure to achieve the minimum resistance shall require
Maintenance Memorandum of Agreement between Florida Department of Transportation and City of Miami Beach(SR-907)
Page 4 of 13
Page 509 of 1700
all lanes of the crosswalk to be friction tested to
determine the extent of the deficiency. All deficient
areas shall be removed to their full extent (lane-by-
lane) and replaced with the same product installed
initially. If the DEPARTMENT determines that more than
50% of the lanes in the intersection require
replacement, the entire intersection installation may
be reconstructed with a different product on the QPL or
replaced with conventional pavement.
f. When remedial action is required in accordance with the
above requirements, the CITY shall complete all
necessary repairs at its own expense within ninety (90)
days of the date when the deficiency was identified. No
more than two (2) full depth patterned pavement repairs
shall be made to an area without first resurfacing the
underlying pavement to 1" minimum depth.
g. The DEPARTMENT will not be responsible for replacing
the treatment following any construction activities in
the vicinity of the treatment.
h. Should the CITY fail to satisfactorily perform any
required remedial work in accordance with this
AGREEMENT, the DEPARTMENT reserves the right to replace
the patterned pavement with conventional pavement
(matching the adjacent pavement) and bill the CITY for
this cost.
Maintaining a service log of all maintenance operations that
sets forth the date of the maintenance activity, the location
that was maintained, and the work that was performed.
The DEPARTMENT may, at its sole discretion, perform periodic
inspection of the IMPROVEMENTS to ensure that the CITY is
performing its duties pursuant to this AGREEMENT. The
Department shall share with the CITY its inspection findings,
and may use those findings as the basis of its decisions
regarding maintenance deficiencies, as set forth in Section
4 of this AGREEMENT. The CITY is responsible for obtaining
copies of all applicable rules, regulations, policies,
procedures, guidelines, and manuals, and the Project
Specification and Special Provisions, as may be amended from
time to time.
Maintenance Memorandum of Agreement between Florida Department of Transportation and City of Miami Beach(SR-907)
Page 5 of 13
Page 510 of 1700
4. MAINTENANCE DEFICIENCIES
If at any time it shall come to the attention of the
DEPARTMENT that the CITY's responsibilities as established
herein are not being properly accomplished pursuant to the
terms of this AGREEMENT, the DEPARTMENT may, at its option,
issue a written notice, in care of the CITY MANAGER, to notify
the CITY of the maintenance deficiencies. From the date of
receipt of the notice, the CITY shall have a period of thirty
(30) calendar days, within which to correct the cited
deficiency or deficiencies . Receipt is determined in
accordance with Section 5 of this AGREEMENT.
If said deficiencies are not corrected within this time
period, the DEPARTMENT may, at its option, proceed as follows :
a. Maintain the IMPROVEMENTS, or a part thereof, and
invoice the CITY for expenses incurred; or
b. Terminate this AGREEMENT in accordance with Section 7,
remove any or all IMPROVEMENTS located within the
PROJECT LIMITS, and charge the CITY the reasonable cost
of such removal.
5. NOTICES
All notices, requests, demands, consents, approvals, and
other communication which are required to be served or given
hereunder, shall be in writing and shall be sent by certified
U.S . mail, return receipt requested, postage prepaid,
addressed to the party to receive such notices as follows :
To the DEPARTMENT: Florida Department of Transportation
1000 Northwest 111 Avenue, Room 6205
Miami, Florida 33172-5800
Attn: District Maintenance Engineer
To the CITY: City of Miami Beach
1700 Convention Drive
Miami Beach, Florida 33139
Attention: City Manager
Notices shall be deemed to have been received by the end of
five (5) business days from the proper sending thereof unless
proof of prior actual receipt is provided.
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6. REMOVAL, RELOCATION OR ADJUSTMENT OF THE IMPROVEMENTS
a. The PARTIES agree that the IMPROVEMENTS addressed by
this AGREEMENT may be removed, relocated or adjusted at
any time in the future, at the DEPARTMENT' s sole
discretion. The DEPARTMENT shall notify the CITY as soon
as practicable of any such removal, relocation or
adjustment of the IMPROVEMENTS. This notification is not
subject to the notice provisions of Paragraph 5 of this
AGREEMENT. In the event that the DEPARTMENT relocates or
adjusts the IMPROVEMENTS, the CITY' s maintenance
responsibilities will survive the relocation or
adjustment, as long as the materials remain within the
Project Limits.
7. TERMINATION
This AGREEMENT is subject to termination under any one of the
following conditions :
a. By the DEPARTMENT, if the CITY fails to perform its
duties under Section 3 of this AGREEMENT, following the
thirty (30) days written notice, as specified in Section
4 of this AGREEMENT.
b. In accordance with Section 287 . 058 (1) (c) , Florida
Statutes, the DEPARTMENT shall reserve the right to
unilaterally cancel this AGREEMENT if the CITY refuses
to allow public access to any or all documents, papers,
letters, or other materials made or received by the CITY
pertinent to this AGREEMENT which are subject to
provisions of Chapter 119, of the Florida Statutes .
c. If mutually agreed to by both parties, upon thirty (30)
days advance notice. An agreement to terminate shall be
valid only if made in writing and executed with the same
formalities as this AGREEMENT.
8. TERMS
a. The effective date of this AGREEMENT shall commence upon
execution by the PARTIES and shall continue so long as
the IMPROVEMENTS remain in place until termination as
set forth in Section 7 .
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b. This writing embodies the entire AGREEMENT and
understanding between the PARTIES hereto and there are
no other agreements and understanding, oral or written,
with reference to the subject matter hereof that are not
merged herein and superseded hereby.
c. This AGREEMENT shall not be transferred or assigned, in
whole or in part, without the prior written consent of
the DEPARTMENT.
d. This AGREEMENT shall be governed by and constructed in
accordance with the laws of the State of Florida. Any
provisions of this AGREEMENT found to be unlawful or
unenforceable shall be severable and shall not affect
the validity of the remaining portions of the AGREEMENT.
e. Venue for any and all actions arising out of or in
connection to the interpretation, validity, performance
or breach of this AGREEMENT shall lie exclusively in a
state court of proper jurisdiction in Leon County,
Florida.
f. A modification or waiver of any of the provisions of
this AGREEMENT shall be effective only if made in writing
and executed with the same formality as this AGREEMENT.
i. The section headings contained in this AGREEMENT are for
reference purposes only and shall not affect the meaning
or interpretation hereof.
j . No term or provision of this AGREEMENT shall be
interpreted for or against either Party because the
Party or its legal representative drafted the provision.
k. The DEPARTMENT is a state agency, self-insured and
subject to the provisions of Section 768 .28, Florida
Statutes, as may be amended from time to time. Nothing
in this AGREEMENT shall be deemed or otherwise
interpreted as waiving the DEPARTMENT' s sovereign
immunity protections, or as increasing the limits of
liability as set forth in Section 768.28, Florida
Statutes .
1 . The CITY is a municipal corporation, self-insured and.
subject to the provisions of Section 768 .28, Florida
Statutes, as may be amended from time to time. Nothing
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in this AGREEMENT shall be deemed or otherwise
interpreted as waiving the CITY' s sovereign immunity
protections, or as increasing the limits of liability as
set forth in Section 768 .28, Florida Statutes .
9. INDEMNIFICATION
Subject to Section 768 .28, Florida Statutes, as may be
amended from time to time, the CITY shall:
(a) promptly indemnify, defend, save and hold harmless the
DEPARTMENT, its officers, agents, representatives and
employees from any and all losses, expenses, fines, fees,
taxes, assessments, penalties, reasonable costs, damages,
judgments, claims, demands, liabilities, reasonable
attorneys fees, (including regulatory and appellate fees) ,
and suits of any nature or kind whatsoever caused
by, arising out of, or related to the CITY' s negligent
exercise or of its responsibilities as set out in this
AGREEMENT, including but not limited to, any negligent act,
negligent action, negligence or omission by the CITY, its
officers, agents, employees or representatives in the
performance of this AGREEMENT, whether direct or indirect,
except that neither the CITY nor any of its officers, agents,
employees or representatives will be liable under this
provision for damages arising out of injury or damages caused
or resulting from the negligence of the DEPARTMENT; and
(b) pay all reasonable costs and fees related to this
obligation and its enforcement by the DEPARTMENT.
The CITY's obligation to indemnify, defend and pay for the
defense of the DEPARTMENT, or at the DEPARTMENT' s option, to
participate and associate with the DEPARTMENT in the defense
and trial of any claim and any related settlement
negotiations, shall be triggered immediately upon the CITY's
receipt of the DEPARTMENT' s notice of claim for
indemnification. The notice of claim for indemnification
shall be deemed received if the DEPARTMENT sends the notice
in accordance with the formal notice mailing requirements
set forth in Section 5 of this AGREEMENT. The DEPARTMENT' s
failure to notify the CITY of a claim shall not release the
CITY of the above duty to defend and indemnify the
DEPARTMENT.
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The CITY' s evaluation of liability or its inability to
evaluate liability shall not excuse the CITY' s duty to defend
and indemnify the DEPARTMENT under the provisions of this
section. Only an adjudication or judgment, after the highest
appeal is exhausted, specifically finding the DEPARTMENT was
negligent shall excuse performance of this provision by the
CITY.
The indemnification provisions of this section shall survive
termination or expiration of this AGREEMENT, but only with
respect to those claims that arose from acts or circumstances
which occurred prior to termination or expiration of this
AGREEMENT.
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IN WITNESS WHEREOF, the PARTIES hereto have caused these
presents to be executed the day and year first above written.
CITY OF MIAMI BEACH: STATE OF FLORIDA
DEPARTMENT OF TRANSPORTATION:
BY: BY:
City Manager or Mayor District Director of
Transportation Operations
ATTEST: (SEAL) ATTEST:
City Clerk Executive Secretary
LEGAL REVIEW:
BY: BY:
City Attorney District Chief Counsel
•
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EXHIBIT 'A'
PROJECT LIMITS
Below are the limits of the pattern pavement crosswalks,
landscaping and pedestrian features to be maintained under this
AGREEMENT.
State Road Number: 907 (Alton Road)
Agreement Limits: At Lincoln Road
County: Miami-Dade
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EXHIBIT 'B'
CITY OF MIAMI BEACH RESOLUTION
To be herein incorporated once adopted by the CITY Board of
Commissioners.
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