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HomeMy WebLinkAboutR-02-1296J-02-1082 12/11/02 RESOLUTION NO. — 2 9 6 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE A HIGHWAY STORMWATER PUMP STATION, LANDSCAPING AND IRRIGATION MAINTENANCE AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, WITH THE FLORIDA DEPARTMENT OF TRANSPORTATION FOR MAINTENANCE TO BE PERFORMED BY THE CITY OF MIAMI FOR A HIGHWAY STORMWATER PUMP STATION, LANDSCAPING AND IRRIGATION SYSTEM LOCATED IN THE RIGHTS-OF- WAY OF NORTHWEST 14TH STREET FROM NORTHWEST 42ND COURT TO NORTHWEST 34TH AVENUE AND ON NORTHWEST 37TH AVENUE FROM THE SR -836 EASTBOUND ON-RAMP TO THE NORTH OF NORTHWEST 14TH STREET, MIAMI, FLORIDA; FURTHER DIRECTING THE TRANSMITTAL OF A COPY OF THIS RESOLUTION TO THE FLORIDA DEPARTMENT OF TRANSPORTATION. BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. The City Manager is authorizedll to execute a Highway Stormwater Pump Station, Landscaping and Irrigation Maintenance Agreement, in substantially the attached form, with the Florida Department of Transportation for maintenance to be performed by the City of Miami, for a highway stormwater pump 1� The herein authorization is further subject to compliance with all requirements that may be imposed by the City Attorney, including but not limited to those prescribed by applicable City Charter and Code provisions. �: �... �3 ClTy CON MISSION JUETiNG OF DEC 1 2 2002 02- station, landscaping and irrigation system located in the rights-of-way of Northwest 14th Street from Northwest 42nd Court to Northwest 34th Avenue and on Northwest 37th Avenue from the SR -836 eastbound on-ramp to the north of Northwest 14th Street, Miami, Florida. Section 2. The City Manager is directed to instruct the Director of the Department of Public Works to transmit a copy of this Resolution to the Florida Department of Transportation. Section 3. This Resolution shall become effective immediately upon its adoption and signature of the Mayor.V PASSED AND ADOPTED this 12th day of December, 2002. el(ANUEL A DIAZ, ATTEST: PR&tCILLA A. THOMPSON, Y CLERK CORRECTNESS APPROVED �LEJAND VILARELLO CITY TORNEY W 43:BSS If the Mayor does not sign this Resolution, it shall become effective at the end of ten calendar days from the date it was passed and adopted. If the Mayor vetoes this Resolution, it shall become effective immediately upon override of the veto by the City Commission. Page 2 of 2 HIGHWAY STORM WATER PUMP STATION, LANDSCAPING AND IRRIGATION MAINTENANCE AGREEMENT Between THE STATE OF FLORIDA, DEPARTMENT OF TRANSPORTATION and THE CITY OF MIAMI THIS AGREEMENT is entered into this day of between the STATE OF FLORIDA, DEPARTMENT OF TRANSPORTATION, a component agency of the State of Florida, ("DEPARTMENT") and the CITY OF MIAMI a municipal corporation of the State of Florida, ("CITY"). WITNESSETH WHEREAS, the purpose of this agreement is to convey the storm water pump station and landscape maintenance responsibility to the CITY for particular limits as defined in this Agreement; and WHEREAS, the DEPARTMENT is currently designing a storm water pump station and landscaping improvements under State Project No. 405664-1-52-01. As part of these improvements, and at the request of the CITY, a stone water pump station, landscaping and an irrigation system will be installed at this location, and WHEREAS, the CITY Resolution No. dated attached hereto as Attachment "C", which by reference hereto shall become a part hereof, desires to enter into this agreement and authorizes its officers to do so. WHEREAS, the CITY and the DEPARTMENT mutually recognize the need for entering into an agreement designating and setting forth their respective responsibilities. NOW THEREFORE, in consideration of the mutual covenants and agreements contained, it is agreed between the parties as follows: 1. The DEPARTMENT shall designs, provide and install, at its own expense, all stone water pump station system, landscaping materials and irrigation system as described on the construction documents of the State Project No. 405664-1- 52-01. 2. The CITY agrees to routinely and periodically maintain and operate at no cost to the Department, the storni water pump station, the landscaping and irrigation system. Upon completion of the Project the CITY will be responsible for the storm water pump station, landscaping and irrigation system installed by the Department within the limits described in this Agreement. The CITY shall be responsible for the maintenance activities described below: 1 02-1296 2a. To maintain the storm water pump station systems (electrical. mechanical. etc.) working properly according to manufacture's specifications and pay for the associated costs of its operation and maintenance. 2b. To remove and dispose of all waste and emissions such as used coolant, oil lubricants, etc. All government regulations shall be observed during the waste removal. 2c. To keep the pump station tidy and in good order at all times. 2d. To inspect the pump station at least once a year, but more frequently under severe operating conditions. 2e. To inspect the oil levels after one week of operations when seals have been replaced. 2f. To performed oil change in accordance with manufacturer specifications. A service log should be maintained for all maintenance operations. 2g. Vegetation will be maintained so as to prevent a visual or other safety hazard for those using or intending to use the right of way. 2h. To remove and dispose of dead , diseased or otherwise deteriorated plants. Plants are defined in this agreement to be trees and ground cover, except turfed / sodded areas. 2i. To keep plants as free as possible from disease and harn-iful insects. 2j. To remove and dispose of all trimmings, roots, branches, etc.. resulting from the activities described by (2g) through (2i) inclusively as described above. 2k. To maintain the irrigation system working properly and pay for the associated costs of its operation and maintenance. The maintenance activities described above to be performed by the CITY, shall be subject to periodic inspections by the DEPARTMENT. Such inspection findings will be shared with the CITY and shall be the basis of all decisions regarding modification, reworking or Agreement termination. If at any time while the terms of this agreement are in effect, it shall come to the attention of the DISTRICT MAINTENANCE ENGINEER that the City's responsibility as established herein or a part thereof, is not being properly accomplished pursuant to the terms of this Agreement, said DISTRICT MAINTENANCE ENGINEER may at the option issue a written notice in care of the DIRECTOR OF ENGINEERING AND CONSTRUCTION, City of Miami, 444 SW 2nd Ave, Miami, Florida 33130. Thereafter, the CITY shall have a period of thirty (30) calendar days within which to respond to cited deficiencies and an additional sixty (60) calendar days to correct the cited deficiencies if said deficiencies are deemed valid. If said deficiencies are not corrected within this time period, the DEPARTMENT may at its option, proceed.as follow: 2 02-1296 a. Maintain the storm water pump station, and landscaped area(s) declared deficient with DEPARTMENT and/or independent Contractor's material, equipment and personnel and charge the CITY the reasonable cost of such work to the CITY or b. Terminate this agreement in accordance with Paragraph 4. It is understood between the parties that the storm water pump station system. landscaping and irrigation system covered by this Agreement may be moved, relocated or adjusted at any time in the future, as found necessary by the DEPARTMENT, in order that the adjacent State Road be widened, altered or otherwise changed and maintained to meet with future criteria or planning of the DEPARTMENT. The City may at it's option, terminate this Agreement upon the DEPARTMENT'S modification of the storm water pump station and landscaping. 4. This agreement is subject to ternlination under any one of the following conditions: 4a. If the CITY fails to comply with Paragraph 2 of this agreement 4b. 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. 4c. As mutually agreed to by both parties of an Agreement to tenninate this Agreement 4d. By both parties, thirty (30) calendar days following complete execution of an Agreement to terminate this Agreement. The terms of this Agreement commence upon execution by both parties and continue until termination as set forth in Paragraph 4. 6. This writing embodies the entire Agreement and understanding between the parties hereto and there are no other agreements and understandings, oral or written, reference to the subject matter hereof that are not merged herein and superseded hereby. This Agreement is nontransferable and nonassignable in whole or in part without consent of the DEPARTMENT 3 a2-1296 Nothing in this Agreement shall be construed to violate the provisions of Section 339.135(6)(a), of the Florida Statutes (2000), which provides as follows: The Department, during any fiscal year, shall not expend money. incur any liability, or enter into any contract which by its terms, involves the expenditure of money in excess of the amounts budgeted as available for expenditure during such fiscal year. Any contract, verbal or written, made in violation of this subsection, is null and void and no money may be paid on such contract. The Department shall require a statement from the Comptroller of the Department that funds are available prior to entering into any such contract or other binding commitment of funds. Nothing herein contained shall prevent the making of a contract for periods exceeding one year, but any contract so made shall be executory only for the value of the services to be rendered or agreed to be paid for in succeeding fiscal years ; and this paragraph shall be incorporated verbatum in all contracts of the Department which are of an amount in excess of $25.000 and which have a tenn for a period of more than one year. 9. If the CITY terminates this Agreement, the Department may remove all stone water pump station system, landscaping and irrigation system from its Right - of -Way along NW 14th St., within the limits of the CITY (from N.W. 42nd Ct. to N.W. 34th Ave.) and along NW 37th Ave. within the project limits. 10. The CITY and the DEPARTMENT each bind themselves and their successors to the obligations respectively assumed by each. Neither party shall assign, sublet or transfer its interest under this AGREEMENT without prior written consent of the other. 1 l . To the extent pennitted by the law and subject to the specific limits of Section 768.28 (5) Florida Statutes, each party covenants and agrees that it will indemnify and hold harmless the other party and all of the other party's officers, agents and employees from any claim, loss, damage, cost, charge or expense arising out of any act, action, neglect or omission by each party in the performance of this Agreement. 12. This writing and the entire content of Attachment "A", Attachment "B", and "C" embody the entire Agreement and understanding between the parties, and there are no other agreements and understandings , oral or written, with reference to the subject matter that are not merged and superseded. No alteration, change or modification of the terms of the Agreement shall be valid unless made in writing and signed by each party. 4 02-1296 13. This Agreement, regardless of where signed, shall be governed and construed according to the laws of the State of Florida. Venue for any litigation hereunder shall be Miami -Dade County, Florida. 14. Attached is a certified copy of a Resolution of the City of Miami Council authorizing the City Manager to enter into this Agreement designated Attachment "C" and by this reference a part of this Agreement. 15. 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 registered mail or certified U.S. mail, return receipt requested, postage prepaid, addressed to the party to receive such notices as follows: To Department: Florida Department of Transportation 1000 Northwest 111 Avenue, Room 6207 Miami, Florida 33172-5800 Director of Operations To City: City of Miami 444 Southwest 2nd Avenue, Miami, Florida 33130 Director of Engineering and Construction 5 02-1296 F.M. N. 405664-1-52-01 ATTACHMENT "A" THE INFORMATION NOTED BELOW DESCRIBES THE DEPARTMENT'S LANDSCAPE AND IRRIGATION SYSTEM PROJECT. IN EXCHANGE FOR THE COST OF CONSTRUCTION AND INSTALLING THE IRRIGATION SYSTEM AND LANDSCAPE, THE CITY OF MIAMI SHALL ASSUME SOLE RESPONSIBILITY FOR OPERATING AND MAINTAINING THE IMPROVEMENTS UPON PROJECT COMPLETION. STATE ROAD NO : 836 Frontage Rd. FINANCIAL PROJECT NUMBER :405664-1-52-01 PROJECTS LIMITS :N.W. 14th St within the city limits from N.W. 42nd Ct. to N.W. 34th Ave. and on NW 37th Ave. from SR -836 EB on ramp to the north of NW 14th Street. The City is responsible for the landscape and irrigation system constructed under this project only. The Department retains all other responsibility for the State Right -of -Way. VA 02--1296 FM No.: 405664-1-52-01 ATTACHMENT "B" THE INFORMATION NOTED BELOW DESCRIBES THE DEPARTMENT'S STORM WATER PUMP STATION SYSTEM PROJECT. IN EXCHANGE FOR THE COST OF CONSTRUCTION AND INSTALLING THE STORM WATER PUMP STATION SYSTEM , THE CITY OF MIAMI SHALL ASSUME SOLE RESPONSIBILITY FOR OPERATING AND MAINTAINING THE IMPROVEMENTS UPON PROJECT COMPLETION. STATE ROAD NO : 836 Frontage Rd. FINANCIAL PROJECT NUMBER :405664-1-52-01 PROJECTS LIMITS :N.W. 14th St within the city limits from N.W. 42nd Ct. to N.W. 34th Ave. and on NW 37th Ave. from SR -836 EB on ramp to the north of NW 14th Street. The City is responsible for the pump station system constructed under this project only. The Department retains all other responsibility for the State Right - of -Way. M 92-1296 F.M.N. 405664-1-52-01 IN WITNESS WHEREOF, the parties hereto have caused this instrument to be executed by their respective officials thereunto duly authorized, this the day and year above written. HIGHWAY STORM WATER PUMP STATION, LANDSCAPING AND IRRIGATION SYSTEM AGREEMENT WITH THE CITY OF MIAMI "Department" STATE OF FLORIDA, DEPARTMENT ATTEST: OF TRANSPORTATION By: Executive Secretary District Secretary 6(City» CITY OF MIAMI, a municipal ATTEST: corporation B Prisci A. Thompson, City Clerk en , City Manager L' APPROVED AS TO ORM AND APPROVED AS TO INSURANCE CORRECTNESS REQUIREMENTS: A1e' o ilarel Rtii Elliott Fixler, Acting Administrator / ty ey Risk Management 02-1296