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HomeMy WebLinkAboutR-95-049995- 499 RESOLUTION NO. A RESOLUTION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE AN AMENDMENT TO THE BRICKELL AVENUE HIGHWAY LANDSCAPE MAINTENANCE AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, BETWEEN THE CITY OF MIAMI AND THE FLORIDA DEPARTMENT OF TRANSPORTATION FOR THE MAINTENANCE OF LANDSCAPED MEDIAN STRIPS IN THE RIGHTS -OF -WAY OF BRICKELL AVENUE FROM SOUTHEAST 5TH STREET TO SOUTHEAST 8TH STREET IN THE CITY OF MIAMI, FLORIDA; FURTHER DIRECTING THE TRANSMITTAL OF A COPY OF THIS RESOLUTION TO THE FLORIDA DEPARTMENT OF TRANSPORTATION. WHEREAS, Brickell Avenue between Southeast 8th Street and Southeast 25th Road contains a landscaped median that must be maintained by periodic trimming, cutting, mowing, debris removal, fertilizing, watering, and necessary replantings; and WHEREAS, on January 31, 1994, the City of Miami entered Into a Landscape Maintenance Agreement with the Florida Department of Transportation for Brickell Avenue between Southeast 8th Street and Southeast 25th Road; and WHEREAS, the Downtown Development Authority has coordinated the Installation of additional landscaping on Brickell Avenue between Southeast 5th Street and Southeast 8th Street subject to the same terms and conditions contained in the aforesaid Agreement; and Crff COMMISSION )KEETING OF J U L 1 3 1995 Revolution No. 95- 499 Z_ F 4.4 WHEREAS, the City of Miami and Florida Department of Transportation recognize the need for amending the aforesaid Agreementdesignating and setting forth the responsibilities for the maintenance of the landscaping on BrIckeII Avenue between Southeast 5th Street and Southeast 8th Street; 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 authorized1/ to execute an amendment to the Highway Landscape Maintenance Agreement, in substantially the attached form, between the City of Miami and the Florida Department of Transportation to include the maintenance of landscape median strips In the rights -of -way of Brickell Avenue from Southeast 5th Street to Southeast 8th Street 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. 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 Code provisions. 95- 499 2 - ,tk�;�ka�Ai SUBMITTED BY: WALDEMAR E. LEE DIRECTOR OF PUBLIC WORKS LEGAL REVIEW: G. MIRIAM MAER CHIEF DEPUTY CITY ATTORNEY APPROVED AS TO FORM AND CORRECTNESS: A. Q TI PKJO E , III CITY 9TTOR E 3 - day of July , 1995. 7 STEOPHEN P. CLARK, MAYOR 95- 499 -i= State Project No.: 87030-3514 State Road: 5 U.S. Route 1 Brickell Avenue From Southeast 5th Street to Southeast 25th Road Miami, Florida HIGHWAY LANDSCAPE MAINTENANCE AGREEMENT FIRST AMENDMENT THIS AGREEMENT, entered into this day of 1995, between the State of Florida, Department of Transportation, hereinafter referred to as the °Department' and the City of Miami, hereafter referred to as "City'. WITNESSETH WHEREAS, the City and the Department have entered into a Highway Landscape Maintenance Agreement dated January 31, 1994, a copy of which is attached hereto as Attachment "A" (the "Agreement"); and WHEREAS, the City and the Department wish to amend the Agreement to include the rights -of -way of Brickell Avenue from Southeast 5th Street to Southeast 8 Street in the definition of the facilities to be improved and maintained under the Agreement; and WHEREAS, both parties believe that this amendment is in the best interests of the residents of the State of Florida and for a worthwhile purpose, and WHEREAS, the City by Resolution No. S- ! attached hereto and by this reference made part hereof, desires to enter into this amendment and authorizes its officers to do so. NOW THEREFORE, in consideration of the covenants contained herein, the parties agree to the following: 1. AMENDMENT: Exhibit A, attached to the Agreement is hereby amended to extend the "Location of Highway Facilities" to include the areas comprised of Brickell Avenue from Southeast 5th Street. to Southeast 25th Ruad. 2. 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 registered mail or certified U.S. mail, return receipt requested, postage prepaid, addressed to the party to receive such notices as follows: 95- 499 First Amendment/Landscape Page 2 of 2 To Department: Florida Department of Transportation 1000 Northwest 111th Avenue, Room 6207 Miami, Florida 33172-5800 Attention: Director of Operations. To City: City of Miami, Director of Public Works 275 Nurthwest 2nd Street Fourth Floor Miami, Florida 33128 Either party may, by notice given as aforesaid, change its address for all subsequent notices. Notice given in compliance with this section shall be deemed given when placed in the mail. 3. WRITTEN AGREEMENT: This Amendment and the Agreement, contain the entire agreement betwwen the parties hereto and all previous negotiations leading thereto, and it may be modified or amended only by mutual consent of the parties in writing and evidenced by the District Secretary and by the Board of City Commissioners and spread upon their respective minutes. 4. NO IMPLIED MODIFICATIONS: Except as specifically provided herein all of the terms and conditions of the Agreement remain unchanged and in full force and effect. IN WITNESS WHEREOF, the parties hereto have executed this Amendment to Highway Landscape Maintenance Agreement, on the day and year above written. CITY OF MIAMI BY TITLE: City Manager ATTEST TITLE: City Clerk (Seal) STATE OF FLORIDA, DEPARTMENT OF TRANSPORTATION BY. TITLE: DISTRICT SECRETARY ATTEST: TITLE: EXECUTIVE SECRyE"iARY Approved as to form, legality and execution: City Attorney Department Attorney ' F­ )iWAY LANDSCAPE MAINTENANC `.GREEMENT dl'40010 TH S AGREEMENT, made and entered into this �1� day of 19 by and between the STATE OF FLORIDA DEPARTMENT F TRANSPORTATION, a component agency of the State of Florida, hereinafter called the "DEPARTMENT" and The City of MIAMI, Florida, a political subdivision of the State of Florida, existing under the Laws of Florida, hereinafter called the "CITY". W I T N E S S E T H WHEREAS, as a part of the continual updating of the State of Florida Highway System, and for the purpose of transportation, safety, protection of the investment and other reasons the DEPARTMENT has constructed highway facilities outlined in Exhibit "A" attached hereto and incorporated by reference herein, within the corporate limits of the CITY; and WHEREAS, the CITY and the DEPARTMENT are of the opinion that said highway facilities which contain landscaped median strips shall be maintained by periodic trimming, cutting, mowing, debris removal, fertilizing, watering and necessary re -plantings; and WHEREAS, the parties hereto mutually recognize the need for entering into an Agreement designating and setting forth the responsibilities of each party hereto; and WHEREAS, in exchange . for the CITY'S assumption of maintenance responsibilities for the median strips within the project limits described in Exhibit "A", the DEPARTMENT will at its sole expense construct new landscape and irrigation improvements within the median strips estimated to cost $400,000; and 499 ' WHEREAS, the CITY by Resolution No. -I� attached hereto and by this reference made a part hereof, desires to enter into this Agreement and authorizes its officers to do so. 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 perform the following in a reasonable manner and with all due care: The CITY hereby agrees to maintain the plantings, following the Department's landscape guidelines for safety and plant care. The CITY's responsibility for maintenance shall include all landscaped and/or turfed areas within the median strips on Department of Transportation right-of-way within the limits of the project. Such maintenance to be provided by the CITY is specifically set out as follows: To maintain, shall mean proper watering and proper fertilization of all plants and keeping them as free as practicable from disease and harmful insects and to properly mulch the plant beds and to keep the premises free of weeds and to mow and/or cut the grass to a proper length and to properly prune all plants which includes (1) removing dead or diseased parts of plants, or (2) pruning such parts thereof which present a visual hazard for those using the roadway. To maintain also means to upkeep the irrigation system, and removing or replacing dead or diseased plants in their entirety, or removing or replacing those that fall below original project standards. All plants removed for whatever reason shall be replaced by plants of the same grade as specified in the original plans and - 2 - 95- 499 specifications and of a size comparable to those existing at the time of placement. To maintain also means to keep litter of all kinds, removed from the median strip within the said project. Plants shall be those items which would be scientifically classified as plants and include but are not limited to trees, grass or shrubs. The above named functions 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. If at any time after the CITY has assumed the maintenance responsibility above -mentioned, it shall come to the attention of the Department's District Secretary, that all landscape within the median strips throughout the limits of Exhibit "A" or a part thereof is not properly maintained pursuant ' to the terms of the Agreement, said District Secretary may at his option issue a written notice that a deficiency or deficiencies exist(s), by sending a certified letter to the CITY in care of City Manager, to place said CITY on notice thereof. Thereafter, the CITY shall have a period of thirty (30) days within which to correct the cited deficiencies. If said deficiencies are not corrected within this time period, the Department may at its option, proceed as follows: (a) Maintain the landscaping or a part thereof, with Department or an independent contractor's personnel and charge the cost of such work to the CITY, or 3 1 (b) Terminate this Agreement in accordance with Paragraph 4 herein and remove, by Department or an independent contractor's personnel, all of the ground cover and shrubs and trees installed under this Agreement and charge the CITY for the reasonable cost of such. removal. 3. It is understood between the parties hereto that the ground cover, shrubs, trees and palms covered by this Agreement may be removed, relocated or adjusted at any time in the future as determined to be necessary by the Department in order that the adjacent state road be widened, altered or otherwise changed to meet with future criteria or planning of the DEPARTMENT. The CITY shall be given sixty (60) calendar days notice to remove said ground cover, shrubs, trees and palms after which time, the DEPARTMENT may remove said ground cover, shrubs, trees and palms. 4. This Agreement may be terminated under any one of the following conditions: (a) By the DEPARTMENT, if the CITY fails to perform its duties within the thirty (30) days written notice by the DEPARTMENT. (b) By the DEPARTMENT, upon refusal by the CITY to allow public access to all documents, papers, letters or other material subject to the provisions of Chapter 119, Florida Statutes and made or received by the CITY in conjunction with this Agreement. (c) By either party following sixty (60) calendar days written notice. (d) By both parties, thirty (30) calendar days following complete execution by both parties, of an agreement to terminate this Agreement. 5. The term of this Agreement commences upon execution by both parties and continues until termination as set forth in paragraph 4 above. 4 - 9 - 499 ; 6. It is anticipated that the term of this Agreement will extend beyond the Department's current fiscal year. 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 Agreement 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 Agreement or other binding commitment of funds. Nothing herein contained shall prevent the making of contracts for periods exceeding 1 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 successing •fiscal years. Accordingly, the State of Florida's performance and obligation to pay under this contract is contingent upon an annual appropriation by the Legislature. 7. The CITY covenants and agrees that it will indemnify and hold harmless the DEPARTMENT and all of the DEPARTMENT's officers, agents and employees from any claim, loss, damage, cost, charge or expense arising out of any neglect by the CITY` during the performance of the Agreement, to the extent permitted by law. 5 - 8. This --writing embodies the-:ntire Agreement and understanding between the parties hereto and there are no other Agreements and understandings, oral or written, with reference to the subject matter hereof that are not merged herein and superseded hereby. 9. The Department's District Secretary shall decide all questions, difficulties and disputes of any nature whatsoever that may arise under or by reason of this Agreement, the prosecution or fulfillment of the service hereunder and the character, quality, amount and value thereof; and his decision upon all claims, questions and disputes shall be final and conclusive upon the parties hereto. 10. This Agreement may not be assigned or transferred by the CITY, in whole or in part without prior written consent of the DEPARTMENT. il. This Agreement shall be governed by, and construed according to the Laws of the State of Florida. In the event of a conflict between any portion of the contract and Florida Law, the laws of Florida shall prevail 6 - 499 IN WITNESsWHEREOF, the parties hereto have caused these presents to be executed the day and year first above written. o Form &74,4i Date MIAMI Attorney - 7 - STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION District Secretary ATTEST: -it- , ; �� Exec tive Sedtb _ • ;.;r4 04PIN CITY OF MIAMI AGENCY BY: A�11� City Manager ATTEST: EAL) 499 .e� EXHIBIT " A " Highway Landscape Maintenance Agreement dated between the State of Florida Department of Transport on and the City of Miami. Outlined Location of Highway Facilities: State Project No: 87030-3514 W.P.I. No. 6113938 state Road: 5 U.S. Route 1 Brickell Avenue from S.E. 8th Street to S.E. 25th Road City of Miami 35- 4A RESOLUTION NO. 9 3- 779 A RESOLUTION, WITH ATTACHMENT(S), AUTHORIZING TEE CITY MANAGER TO MMCUTE A HIGHWAY LANDSCAPE MAINTENANCE AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, BETWEEN TEE CITY OF MIAMI AND THE FLORIDA DEPARTMENT OF TRANSPORTATION FOR THE MAINTENANCE OF LANDSCAPED MEDIAN STRIPS IN THE RIGHTS -OF -WAY OF BRICBELL AVENUE FROM SOUTHEAST 8TH STREET TO SOUTHEAST 25TH ROAD IN THE CITY OF MIAMI, FLORIDA; FURTHER DIRECTIFIG THE TRANSMITTAL OF A COPY OF THIS RESOLUTION TO THE FLORIDA DEPARTMENT OF TRANSPORTATION. WHEREAS, Briokell Avenue between Southeast 8th Street and Southeast 25th Road contains a landscaped median that must be maintained by periodic trimming, cutting, mowing, debris removal, fertilizing, watering, and necessary replantings; and WHEREAS, the Florida Department of Transportation desires to improve said landscaped median with new plantings, sod and irrigation at an estimated cost of $400,000 provided the City maintains said improvements; and WHEREAS, the CityL of Miami and the Florida Department of Transportation recognize the need for entering into an Agreement designating and setting forth the responsibilities for the maintenance of said landscaping; NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: 95- 499 TT OtrHl M �F i C "nTAIN =ff CONIIK moir KEETING Or DEC 1 6 1993 93 772 r Seation 1. The reoitals and findings contained in the Preamble to this Resolution are hereby adopted by referenoe thereto and inoorporated herein as if fully set forth in this Seotion. Seotion 2. The City Manager is hereby authorizedl' to exeoute a Highway Landsoape Maintenalmoe Agreement, in substantially the attaohed form, between the City of Miami and the Florida Department of Transportation for the maintenanoe of landsoap-ad median strips in the rights -of -way of Briokell Avenue from Southeast 8th Street to Southeast 25th Road in the City of Miami, Florida. Seotion 3. The City Manager is hereby direoted to instruot the Direotor of the Department of Publ.io Works to transmit a oopy of this Resolution to the Florida Department of Transportation. Seotion 4. This Resolution shall beoome effective immediately upon its adoption. PASSED AND ADOPTED thin 1ST_ day of December 1993. ST EEM P. CLAPd' MAYOR CITY CLERK The herein authorization is further subjeot to oomplianoe with all requirements that may be imposed by the City Attorney, inoluding but not limited to those presoribed by applioable City Charter and Code provisions. 9 5 499 93- 779 To ; Honorable Mayor and Members DATE : JUN 2 9 1995 FILE of the City Commission SUBJECT : Resolution Authorizing an Amendment to the Brlckell Avenue Landscape Maintenance Agreement FROM i , REFERENCES: Cesar o Resolution City ENCLOSURES n, - v "RECOMMENDATION: It is respectfully recommended that the City Commission adopt the attached Resolution authorizing and directing the City Maanager to execute an amendment to the 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 Brlckell Avenue between Southeast 5th Street and Southeast 25th Road. BACKGROUND: On January 14, 1993, the City Commission adopted Resolution No. 93-54 authorizing the City Manager and the Downtown Development Authority (DDA) to apply for a Highway Beautification Grant to landscape Brlckell Avenue between Southeast 5th Street and Southeast 15th Road. Concurrently with this application the Brlckell Avenue Homeowner Associations between Southeast 15th Road and Southeast 25th Road petitioned the Florida Department of transportation (FDOT) for similar landscaping Improvements along their portion of Brlckell Avenue. Although the Highway Beautification Grant was not awarded to the DDA due to a technical problem on part of the FOOT, the FOOT decided to fund and Install landscaping along Brlckell Avenue between Southeast 8th Street and Southeast 25th Road as part of their resurfacing project for Brlckell Avenue, provided that the City of Miami assume maintenance responsibility for the landscaping within the project limits. On December 16, 1993 the City Commission adopted Resolution No. 93-779 authorizing the City Manager to execute a maintenance agreement for this section of Brlckell Avenue. Subsequent to the execution of the maintenance agreement, the DDA coordinated the installation of additional landscaping on Brlckell Avenue between Southeast 5th Street and Southeast 8th Street subject to the same conditions as contained in the City's maintenance agreement with the Florida Department of Transportation. It 1s now In order for the City of Miami to amend the Highway Landscape Maintenance Agreement between the City of Miami and the Florida Department of Transportation to maintain the landscaping Initiated by the DDA on Brlckell Avenue between Southeast 5th Street and Southeast 8th Street. 95- 499 4WAP' IIW0+; ;,State project No.: 87030-3514 State Road; 5- U.S. Route i Br°icke.11 Avenue From Southeast 5th Street Miami, ,Florida OU0010jobti V A 2! 3 to Southeast 25th Road HIGHWAY LANDSCAPE MAINTENANCE AGREEMENT FIRST AMENDMENT THIS AGREEMENT, entered into this day of 1995, between the State of Flora aa, Department of Transportation, hereinafter referred to as the "Department' and the City of Miami, hereafter referred to as "City'. WITNESSETH WHEREAS, the City and the Department have entered into a Highway Landscape Maintenance Agreement dated January 311 1994, a copy of which is attached hereto as Attachment "A" (the "Agreement"); and WHEREAS, the City and the Department wish to amend the _Agreement to include the rights -of -way of Brick -ell Avenue from Southeast 5th Street to Southeast S Street in the definition of the facilities to be improved and maintained under the Agreement; and WHEREAS, both parties believe that this amendment is in the best interests of the residents of the State of Florida and for a worthwhile purpose, and WHEREAS, ` the City by Resolution No. attached hereto and by this reference made part hereof, desires to enter into this and, and authorizes its officers to do so. NOW THEREFORE, in consideration of the covenants contained. herein, the parties agree to the following: 1. AMENOHENT: Exhibit A, attached to the Agreement is heireby amended to extend the "Location of Highway Facilities" to include the areas comprised of Brickell Avenue from Southeast 5th Street to Southeast 2.5th Road. 2. NOTICES: All notices, requests, demands, 'consents, approvals, and otother 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. ' 95- 499 First Amendment/Landscape Page 2 of 2 To Department: Florida Department of Transportation 1000 Northwest 111th Avenue, Room 6207 Miami, Florida 33172-5800 Attention:. Director of Operations. To City.City of Miami, Director of Public Works 275 Northwest 2nd Street Fourth Floor Miami, Florida 3312$ Either party may, by notice given as aforesaid, change its addres's for.. all subsequent notices. Notice given in compliance ',with i:his:section _shall be deemed given when placed in the mail. 3. WR'ITTEN AGREEMENT: This Amendment and the Agreement, contain the entire agreement betwwen the parties hereto and all previous negotiations leading thereto, and it may be modified or amended only by mutudl consent of the, parties in writing and evidenced by the District: Secretary and by the Board of City Commissioners and.spread upon their respective minutes. 4. NO IMPLIED MODIFICATIONS: Except as specifically provided herein all of the terms and conditions of the Agreement remain unchanged and in full force and effect. IN WITNESS WHEREOF, the parties hereto have executed this Amendment to Highway Landscape Maintenance Agreement, on the day and year above written. CITY Of MIANI STATE OF FLORIDA, DEPARTMENT OF TRANSPORTATION BY: BY TITLE: City Manager TITLE: DISTRICT SECRETARY ATTEST ATTEST: TITLE: City erk'(Sea ) TITLE: EXECU IVE.SECRETARY Approved as to form, legality and execution: City Attorney Department Attorney 95- 499