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HomeMy WebLinkAboutR-93-0779J-93-831 12/10/93 RESOLUTION NO. 9 3 - 779 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 OF LANDSCAPED MEDIAN STRIPS IN THE RIGHTS -OF -WAY OF BRICKELL AVENUE FROM SOUTHEAST 8TH STREET TO SOUTHEAST 25TH ROAD IN THE CITY OF MIAMI, FLORIDA; FURTHER DIRECTING 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 City 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: P' r T (S) CM COMMISSION MEETING OF DEG 1 6 199.3 Reeohition No. 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 authorizedl' 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 of landscaped median strips in the rights -of -way of Briekell Avenue from Southeast Sth Street to Southeast 25th Road 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. PASSED AND ADOPTED this 16th day of December 1993. ST HEN P. CLARIt, MAYOR ATT T• 1I Fr- 90400` MAffY HIRAI CITY CLERK 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. 9 3 - 779 -2- SUBMITTED BY: WALDEMAR E. LEE DIRECTOR OF PUBLIC WORKS PREPARED AND APPROVED BY: J 1 M O G. MIRIAM ItAER CHEIF DEPUTY CITY ATTORNEY APPROVED AS TO FORM AND CORRECTNESS: A. Q J S, III CITY ATTO Y BSS:M4040 93- 779 -3- HI, AAY LANDSCAPE MAINTENANCE .�jREEMENT THIS AGREEMENT, made and entered into this day of 19 , 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, 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 9 3 - 779 WHEREAS, the CITY by Resolution No. 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 - 93- 779 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 - 93- 779 (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 - 93- 779 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 - 93- 779 8. This writing embodies the entire 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 ful.fillment 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. 11. 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 - 93- 779 IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed the day and year first above written. BY: DOT Approval as to Date Form and Legality Approved as to Form Date and Legality MIAMI Attorney - 7 - STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION District Secretary ATTEST: (SEAL) Executive Secretary CITY OF MIAMI AGENCY BY: City Manager ATTEST: (SEAL) City Clerk 93- 779 EXHIBIT " A " Highway Landscape Maintenance Agreement dated between the State of Florida Department of Transportation 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 9 3 - 779 CITY OF MIAMI, FLORIDA INTER -OFFICE MEMORANDUM TO: Honorable Mayor and Members of the City Commission FROM Cesa ubio City i ager RECOMMENDATION: - 'DATE : ' •� ^� {'91 901 FILE SUBJECT : Resolution authorizing a Landscape Maintenance Agreement for Brickell REFERENCES : Avenue 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 Brickell Avenue between Southeast 8th 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 Brickell Avenue between Southeast 5th Street and Southeast 15th Road. Concurrently with this application the Brickell 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 Brickell Avenue. Although the Highway Beautification Grant was not awarded to the DDA due to a technical problem on part of the FDOT, the FDOT decided to fund and install landscaping along Brickell Avenue between Southeast 8th Street and Southeast 25th Road as part of their resurfacing project for Brickell Avenue, provided that the City- of Miami assume maintenance responsibility for the landscaping within the project limits. This arrangement is more advantageous to the City since, unlike the State Beautification Grant, it requires no matching funds from the City. 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 Brickell Avenue installed under the FDOT's landscaping and resurfacing project. The FDOT's project is scheduled to be advertised for bids in the fall of this year. 3H �� 93- 779