HomeMy WebLinkAboutR-96-0060J-95-937
11/1/95
RESOLUTION NO 9 6 — 60
A RESOLUTION, WITH ATTACHMENT(S), AUTHORIZING
THE CITY MANAGER TO EXECUTE A HIGHWAY
LANDSCAPE MAINTENANCE AGREEMENT, IN
SUBSTANTIALLY THE ATTACHED FORM, BETWEEN THE
CITY OF MIAMI AND THE FLORIDA DEPARTMENT OF
TRANSPORTATION FOR THE MAINTENANCE BY THE
CITY OF MIAMI OF LANDSCAPED MEDIAN STRIPS IN
THE RIGHTS -OF -WAY OF SOUTH DIXIE HIGHWAY
(U.S. 1) FROM SR 9A/I-95 TO SOUTHWEST 37TH
AVENUE IN THE CITY OF MIAMI, FLORIDA; FURTHER
DIRECTING.THE TRANSMITTAL OF A COPY OF THIS
RESOLUTION TO THE FLORIDA DEPARTMENT OF
TRANSPORTATION.
WHEREAS, South Dixie Highway (U.S. 1) between SR 9A/I-95 and
Southwest 37th Avenue contains a landscaped median that must be
maintained by periodic trimming, cutting, mowing, debris removal,
fertilizing, watering, and necessary replanting; and
WHEREAS, the Florida Department of Transportation desires to
improve said landscaped median with new plantings and sod at an
I;
estimated cost of $800,000 provided the City maintains said
improvements; and
WHEREAS, the City of Miami and Florida Department of
Transportation recognize the need for entering into an agreement
designating and setting forth the responsibilities for the
maintenance of said landscaping; and
ATTACHMENTe (S)
CON i AIMED,
CITY COMMISSION
MEETING OF
JAB! 2 5 1996
Resolution No,
N
NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY
OF MIAMI, FLORIDA:
Section 1. The recitals and findings contained in the
Preamble to this Resolution are hereby adopted by reference
thereto and incorporated herein as if fully set forth in this
Section.
Section 2. The City Manager is hereby authorized to
execute a Highway Landscape Maintenance Agreement, in
substantially the attached form, between the City of Miami and
the Florida Department of Transportation for the maintenance, by
the City of Miami, of landscaped median strips in the rights -of -
way of South Dixie Highway (U.S. 1) from SR 9A/I-95 to Southwest
37th Avenue in the City of Miami, Florida.
Section 3. The City Manager is hereby 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 4. This Resolution shall become effective
immediately upon its adoption.
' 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 Code provisions,
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PASSED AND ADOPTED this 25th day of January 1995
STEP EN P. CLERK, MAYOR
ATTE T:
f
WALTER J F EMAN
CITY CLERK
SUBMITTED BY:
�o f tLu,
WALDEMAR E. LEE
DIRECTOR OF PUBLIC WORKS
PREPARED AND APPROVED BY:
i
G. MIRIAM MAER
CHIEF ASSISTANT CITY ATTORNEY
I APPROVED AS TO FORM AND CORRECTNESS:
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96- 60
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This AGREEMENT, entered into this day of
1995, by and between the STATE OF FLORIDA,
Department of Transportation, a component agency of the
State of Florida, hereinafter called the DEPARTMENT and the
CITY OF MIAMI a political subdivision of the State of
Florida, existing under the Laws of the State of Florida,
herein after called the CITY.
WHEREAS, as a part of the continual updating of the
State of Florida Highway System, the DEPARTMENT for the
purpose of safety has created roadside areas and median
strips on that part of the State Highway System described by
Attachment "A", which by reference hereto shall become a
part hereof, within the corporate limits of the CITY
and
WHEREAS, the CITY hereto is of the opinion that said
median strips and roadside areas shall be attractively
landscaped with various flora; and
WHEREAS, the parties hereto mutually recognize the need
for en 'ring into an agreement designating and setting forth
the responsibilities of each party; and
WHEREAS, in exchange for the CITY'S assumption of the
maintenance responsibilities for the median strips within
the project limits described in Exhibit "A", the DEPARTMENT
will at its sole expense construct new landscape within the
median strips estimated to cost $800,000; and
WHEREAS, the CITY by Resolution No.
dated I attached hereto as Attachment "B",
which by reference hereto shall become a part hereof,
desires to enter into this Agreement and authorizes its
officers to do so.
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NOW THEREFORE, for and in consideration of the mutual
benefits to flow each to the other, the parties covenant and
agree as follows:
1. The CITY shall be responsible for the maintenance of
all landscaped and/or turfed areas within the limits
described by Attachment "A", or subsequent amended
limits mutually agreed to in writing by both parties.
The CITY shall be responsible for the maintenance
activities described below:
Ia. To mow, cut and/or trim and edge the grass or turf
in accordance with the latest edition of the
State of Florida "Guide for Roadside Mowing" and
the latest edition of the "Maintenance Rating
Program".
lb. To properly prune all plants which includes plant
and tree trimmings in accordance with the Latest
edition of the "Maintenance Rating Program".
Pruning such parts thereof which may present a
visual or other safety hazard for those using or
intending to use the right-of-way.
Ia. To remove and dispose dead, diseased or otherwise
deteriorated plants. Plants is defined in this
Agreement to be trees, grass, ground cover and
shrubs. Removed plants for what ever reason shall
be replaced by plants of the same grade as
specified in the original plans and specifications
and of a size comparable to those existing at the
time of placement.
Id. To water and fertilize all plants to keep them as
free as possible from disease and harmful insects,
to properly mulch the plant beds to keep plant
beds free of weeds and to remove litter from
roadside and median strips.
le. To remove and dispose of all trimmings roots,
branches, etc resulting from the activities
described by (la) through (1d) inclusively as
described above.
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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.
2. The CITY shall not be responsible for the clean-up,
removal and disposal of debris from the DEPARTMENT'S
right of way having limits described by Attachment "A",
or subsequent amended limits mutually agreed to in
writing by both parties £allowing a natural disaster '
(i.e. hurricane, tornados, etc.).
3. 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 his option issue a written notice in
care of the CITY MANAGER, CITY OF MIAMI, CITY HALL,
3500 Pan American Dr., Miami, Florida 33133 to place
said CITY on notice thereof.
Thereafter, the CITY shall have a period of thirty (30)
calendar days within which to correct the cited
deficiency or deficiencies. If said deficiencies are
not corrected within this time period the DEPARTMENT
may at its option, proceed as follows:
3a. Maintain the landscaped median or roadside area(s)
declared deficient with DEPARTMENT and/or
independent Contractor's material., equipment and
personnel and charge the cost to the CITY, or
3b. Terminate this agreement in accordance with
Paragraph 5 herein an remove, by Department and/or
independent Contractor's personnel all of the
planted areas, including shrubs, trees and ground
cover installed under this Agreement and charge
the CITY for the reasonable cost of such removal.
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4. It is understood between the parties hereto that the
landscaping covered by this Agreement may be removed,
relocated or adjusted at any time in the future as
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.
S. This Agreement is subject to termination under any one
of the following conditions:
5a. If the CITY fails to comply with Paragraph 3 of
this Agreement.
5b. 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.
5c. As mutually agreed to by both parties with a sixty
(60) calendar day written notice.
5d. By both parties, thirty (30) calendar days
following complete execution by both partied of an
Agreement to terminate this Agreement.
6. The terms of this Agreement commences upon execution by
both parties and continues until termination as set
forth in Paragraph 5.
7. This writing embodies the entire Agreement and
understanding between the parties hereto and there are
not other agreements and understanding, oral or written
reference to the ,subject matter hereof that are not
merged herein and superseded hereby.
s. This Agreement is nontransferable and•nonassignable in
whole or in part without consent of the DEPARTMENT.
9.
This Agreement, regardless of where executed shall be
governed by, and constructed according to the laws of
the State of Florida.
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IN WITNESS WHEREOF the parties hereto have caused these
presents to be executed the day and year first above
written.
LANDSCAPING AGREEMENT WITH THE CITY OF MIAMI
CITY OF MIAMI
STATE OF FLORIDA
DEPARTMENT OF TRANSPORTATION
BY• BY:
City Manager District Secretary
ATTEST: ATTEST:
City Clerk (Seal) Executive Secretary
APPROVED AS TO LEGAL FORM:
BY:
City Attorney p
BY:
District General Counsel
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A i i A MOir T PIA B
THE INFORMATION NOTED BELOW DESCRIBES THE
DEPARTMENT'S LANDSCAPE CONSTRUCTION PROJECT
ESTIMATED TO COST APPROXIMATELY $800,000.00, THAT
IN EXCHANGE FOR THE COST OF CONSTRUCTION AND
INSTALLATION THE CITY OF MIAMI SHALL ASSUME SOLE
RESPONSIBILITY FOR MAINTAINING UPON PROJECT
COMPLETION.
STATE ROAD NO. : 5 (US 1)
STATE PROJECT NO.: 87030-3S37
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ATTACK CXTY RESCLUTXON
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CITY OF MIAMI, FLORIDA
INTER -OFFICE MEMORANDUM
To: Honorable Mayor and Members
of the City Commission
FROM :
Cesar l+
City ffiVe r
RECOMMENDATION:
4�
�G�^ FILE
DATE : .� -'�� � i..�,.
SUaJECT :Resolution Authorizing a
Landscape Maintenance Agreement
for U.S. 1 (South Dixie Highway)
REFERENCES:
ENCLOSURES : Resolution
It is respectfully recommended that the City Commission adopt the
attached Resolution authorizing and directing the City Manager to
execute a Highway Landscape Maintenance Agreement between the
City of Miami and the Florida Department of Transportation for -
the maintenance of landscaping within the right-of-way of U.S. 1
(South Dixie Highway) between 1-95 and Southwest 37th Avenue
(Douglas Road).
BACKGROUND:
As part of the continual updating of the State of Florida Highway
System, the Florida Department of Transportation (F.D.O.T.) has
created roadside areas and median strips along certain state
roads for the purpose of safety. The City desires to have these
median strips and roadside areas attractively landscaped and, to
this end, the F.D.O.T. has recently completed a landscaping
project along Brickell Avenue between the Miami River and
Rickenbacker Causeway. The F.D.O.T. has now agreed to fund and
Install attractive landscaping along U.S. 1 (South Dixie Highway)
between 1-95 and S.W. 37th Avenue (Douglas Road) at a cost of
approximately $800,000 provided that the City of Miami assumes
maintenance responsibility for the landscaping within the project
limits. This arrangement is advantageous to the City since,
unlike State Beautification Grants, it requires no matching funds
from the City for the original installation.
It is now in order for the City of Miami to enter into a Highway
Landscape Maintenance Agreement between the City of Miami and the
Florida Department of Transportation to maintain the landscaping
on South Dixie Highway installed under the FDOT's landscaping
project. Design plans are complete and the F.D.O.T. is prepared
to proceed with the project.
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