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HomeMy WebLinkAboutExhibitFLORIDA DEPARTMENT OF TRANSPORTATION LANDSCAPE, IRRIGATION AND LANDSCAPE LIGHTING MAINTENANCE MEMORANDUM OF AGREEMENT WITH CITY OF MIAMI This AGREEMENT, entered into this day of , 2009, by and between the FLORIDA DEPARTMENT OF TRANSPORTATION, a component agency of the State of Florida, hereinafter called the DEPARTMENT, and the CITY OF MIAMI, a municipal corporation of and existing under the Laws of the State of Florida, hereinafter called the CITY. RprTTAT.0 WHEREAS, the DEPARTMENT has jurisdiction over State Road (S.R.) 5/US-1/Biscayne Boulevard from NE 15th Street to NE 35th Terrace, within the limits of the CITY, as part of the State of Florida Highway System; and WHEREAS, the DEPARTMENT is installing landscape, irrigation and landscape lighting on S.R. 5 in accordance with DEPARTMENT Contract T-6168, the limits of which, hereinafter PROJECT LIMITS, are described in the attached Exhibit `A', which by reference hereto shall become a part hereof; and WHEREAS, the CITY, by Resolution No. I dated , attached hereto as Exhibit `B', which by reference hereto shall become 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.DEPARTMENT RESPONSIBILITIES 1.1. Assignment The DEPARTMENT and the CITY agree that, by executing this AGREEMENT, all maintenance responsibilities pertaining to the landscape, irrigation and landscape lighting within the PROJECT LIMITS will be assigned to Landscape, Irrigation and Landscape Lighting Maintenance Memorandum of Agreement between Florida Department of Transportation and City of Miami Page 1 of 9 the CITY in perpetuity or until suc_ time -hat the improvements are removed. 1.1.1. The CITY agrees that the Biscayne Boulevard Agreement terms and conditions executed between the parties on Octcber S, 1991, incorporated herein by reference, shall remain in full force and effect. 2. CITY'S MAINTENANCE RESPONSIBILITIES The CITY shall be solely responsible for the maintenance of the landscape, irrigation and landscape lighting within the PROJECT LIMITS and shall: 2.1. Promptly and regularly remove litter from roadside and median strips. 2.2. 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". 2.3. Properly prune all plants, which include trees, shrubs and ground covers, in accordance with the latest edition of the "Maintenance Rating Program" and the International Society of Arboriculture. 2.4. Prune, trim and/or edge such parts thereof which may present visual or other safety hazard for those using or intending to use the right of way including growth around street lights and traffic signals. 2.5. Keep plants as free as possible from disease and harmful insects. 2.6. Remove and properly dispose of dead, diseased or otherwise deteriorated plants in their entirety, and replacing those that fall below original contract standards. All replacement material shall be replaced, at minimum, by plants of the Landscape, Irrigation and Landscape Lighting Maintenance Memorandum of Agreement between Florida Department of Transportation and City of Miami Page 2 of 9 same size and grade as specified in criainal ccntract. 2.7. Prcperly mulch all plant beds and tree rings. 2.8. Properly remove and dispose of all undesirable vegetation including, but not limited to, weeding of plant beds and removal of invasive exotic plant materials. 2.9. Water and fertilize all plants properly. 2.10. Ensure that irrigation system is fully functional by performing routine and regular observations of irrigation performance; identifying damage and/or malfunctions; repairing and/or replacing broken or missing irrigation equipment; and adjusting spray heads to eliminate overspray of water onto paved areas. All costs associated with water use will be the responsibility of the CITY. 2.11. Ensure that landscaping lighting is fully functional by performing routine and regular observation of landscape lighting performance; identifying damage and/or malfunctions; repairing or replacing broken or missing lighting equipment; and adjusting light throw to eliminate interference with visibility of motoring public. 2.12. Remove and dispose of all trimmings, roots, branches, litter, etc., resulting from the activities described by 2.1 through 2.11 inclusively as described above. -The above-named functions to be performed by the CITY may. be subject to periodic inspections by the DEPARTMENT at its sole discretion. Such inspection findings will be shared with the CITY and shall be the basis of all decisions reworking or agreement termination. The CITY shall not change or deviate from contract T-6168 project plans without written approval of the DEPARTMENT. Landscape, Irrigation and Landscape Lighting Maintenance Memorandum of Agreement between Florida Department of Transportation and City of Miami Page 3 of 9 3. AMENDMENTS This AGREEMENT may be amended in writing if mutually agreed to by both parties. 4. MAINTENANCE DEFICIENCIES If, at any time while the terms of this AGREEMENT are in effect, it shall come to the attention of the DEPARTMENT'S 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, to place the CITY on notice regarding its maintenance deficiencies. 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: 4.1. Maintain the landscape, irrigation and landscape lighting, or a part thereof, with DEPARTMENT or contractor's personnel and invoice the CITY for expenses incurred; or 4.2. Terminate Section 7 DEPARTMENT landscape, installed agreements cost of su S. NOTICES the Agreement in accordance with of this Agreement and remove, by or contractor's personnel, all the irrigation and landscape lighting under contract T-6168 or any preceding and charge the CITY the reasonable 7h removal. 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 the DEPARTMENT: Florida Department of Transportation 1000 Northwest 111 Avenue, Room 6205 Landscape, Irrigation and Landscape Lighting Maintenance Memorandum of Agreement between Florida Department of Transportation and City of Miami Page 4 of 9 Miami, Florida 33172-5800 Attention: District Maintenance -ngi r_eer To the CITY: City of Miami 3500 Pan American Drive Miami, FL 33133 Attention: Pedro Hernandez, City Manager 6. LANDSCAPE, IRRIGATION AND LANDSCAPE LIGHTING INSTALLATION 6.1. It is understood between the parties hereto that the landscape, irrigation and landscape lighting 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. All costs associated with such activities will be solely at the expense of the DEPARTMENT. 7. TERMINATION This AGREEMENT is subject to termination under any one of the following conditions: 7.1. 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. 7.2.Only if mutually agreed to by both parties with a six (6) month written notice. 8. TERMS 8.1. The terms of this AGREEMENT shall only commence upon execution by all parties and after the CITY receives the Notice To Proceed letter from the DEPARTMENT. This Landscape, Irrigation and Landscape Lighting Maintenance Memorandum of Agreement between Florida Department of Transportation and City of Miami Page 5 of 9 AGREEMENT shall continue in perpetuity or until termination as set forth in Section 7. 8.2. This writing embodies the entire AGREEMENT and understanding between the parties hereto and there are not other agreements and understanding, oral or written, with reference to the subject matter hereof that are not merged herein and superseded hereby. 8.3. This AGREEMENT is nontransferable and nonassignable in whole or in part without the prior written consent of the DEPARTMENT. 8.4. This AGREEMENT, regardless of where executed, shall be governed by and constructed in accordance with the laws of the State of Florida. 9. ADDITIONAL LANDSCAPE The City may construct additional landscape within the limits of the right of ways identified as a result of this document, subject to the following conditions: 9.1.Plans for any new and/or additional materials shall be subject to approval by the DEPARTMENT. The CITY shall not change or deviate from contract T-6168 plans without written approval by the DEPARTMENT. 9.2.All landscape, irrigation, decorative pavement, tree grates and lighting shall be developed and implemented in accordance with the appropriate state safety and road design standards. 9.3.The CITY agrees to comply with the requirements of this Agreement with regard to any additional materials installed. Landscape, Irrigation and Landscape Lighting Maintenance Memorandum of Agreement between Florida Department of Transportation and City of Miami Page 6 of 9 IN WITNESS WHEREOF, ire parties hereto have cased these -resents to be executed the day and year -first above Written. CITY OF MIAMI: STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION: BY: BY: City Manager District Secretary ATTEST: ATTEST: City Clerk Executive Secretary BY: City Attorney LEGAL REVIEW: BY: District Chief Counsel Landscape, Irrigation and Landscape Lighting Maintenance Memorandum of Agreement between Florida Department of Transportation and City of Miami Page 7 of 9 EXHIB IT 'A " PROJECT LIMITS Below are the limits of the landscape, irrigation and landscape lighting to he maintained under this AGREEMENT. State Road Number: 5 (Biscayne Boulevard/US-1) Agreement Limits: From NE 15th Street to NE 35th Terrace County: Miami -Dade Landscape, Irrigation and Landscape Lighting Maintenance Memorandum of Agreement between Florida Department of Transportation and City of Miami Page 8 of 9 EXHIBIT `B' CITY RESOLUTION To be herein incorporated once ratified by the City o Miami Board of C-'ty Commissioners. Landscape, Irrigation and Landscape Lighting Maintenance Memorandum of Agreement between Florida Department of Transportation and City of Miami Page 9 of 9