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HomeMy WebLinkAboutExhibitFLORIDA DEPARTMENT OF TRANSPORTATION LANDSCAPE AND TREE GRATES MAINTENANCE MEMORANDUM OF AGREEMENT WITH THE CITY OF MIAMI This AGREEMENT, entered into this day of , 20 , 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. RECITALS: WHEREAS, the DEPARTMENT has jurisdiction over State Road (S.R. ) 7/US-441/NW 7t' and 8t' Avenue from NW 3rd Street (MP 0.733) to NW 8th Street (MP 1.104), within the limits of the CITY, as part of the State of Florida Highway System; and WHEREAS, the DEPARTMENT has drafteddesign plans for beautification improvements on S.R. 7/US-441/NW 7th and 8th Avenue in accordance with DEPARTMENT Contract # T-6119, 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 parties hereto mutually recognize the need for entering into an AGREEMENT designating and setting forth the responsibilities of each party; and WHEREAS, the CITY, by Resolution No. , 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 a. Assignment The DEPARTMENT and the CITY agree that, by executing this Maintenance Memorandum of Agreement between Florida Department of Transportation and City of Miami Page 1 of 8 AGREEMENT, all maintenance responsibilities pertaining to the landscape and tree grates within the PROJECT LIMITS will be assigned to the CITY in perpetuity. 2. CITY'S MAINTENANCE RESPONSIBILITIES The CITY shall be solely responsible for the maintenance and preservation of the landscape and tree grates within the PROJECT LIMITS. a. 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". b. 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. Prune, trim and/or edge such parts thereof which may present a visual or other safety hazard for those using or intending to use the right of way including growth around street lights and traffic signals. C. Keep plants as free as possible from disease and harmful insects. Remove and properly dispose of dead, diseased or otherwise deteriorated plants in their entirety, and replacing those that fall below original project standards. All replacement material shall be replaced, at minimum, by plants of the same size and grade as specified in the PLANS AND SPECIFICATIONS, incorporated herein by reference. d. Properly mulch all plant beds and tree rings. e. Properly remove and dispose of all undesirable vegetation including but not limited to weeding of plant beds and removal of invasive exotic plant materials. f. Water and fertilize all plants properly. g. Ensure tree grates are fully functional by performing routine and regular observations of same, identifying damage and/or malfunctions and repairing and/or replacing broken or damaged tree grates to ensure tree health is maintained. h. Remove and properly dispose of litter from roadside and Maintenance Memorandum of Agreement between Florida Department of Transportation and City of Miami Page 2 of 8 median strips. i. Remove and dispose of all trimmings, roots, branches, litter, etc., resulting from the activities described by 2.A through 2.H 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 regarding reworking or agreement termination. The CITY shall not change or deviate from said plans without written approval of the DEPARTMENT. 3. MAINTENANCE DEFICIENCIES If, at any time while the terms of this AGREEMENT are in effect, it shall come to the attention of the DEPARTMENT that the CITY's responsibility as established herein or a part thereof is not being properly accomplished pursuant to the terms of this AGREEMENT, the DEPARTMENT may, at its 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: a. Maintain the landscape and tree grates, or a part thereof, with DEPARTMENT or contractor's personnel and invoice the CITY for expenses incurred; or b. Terminate the Agreement in accordance with Section 6 of this Agreement and remove, by DEPARTMENT or contractor's personnel, all of the landscape and tree grates installed under this Agreement or any preceding agreements and charge the CITY the reasonable cost of such removal. 4. NOTICES All notices, requests, communication which hereunder, shall be in mail or certified U.S. prepaid, addressed to follows: demands, consents, approvals, and other .re required to be served or given writing and shall be sent by registered mail, return receipt requested, postage the party to receive such notices as Maintenance Memorandum of Agreement between Florida Department of Transportation and City of Miami Page 3 of 8 To the DEPARTMENT: Florida Department of Transportation 1000 Northwest 111 Avenue, Room 6205 Miami, Florida 33172-5800 Attention: District Maintenance Engineer To the CITY: City of Miami 3500 Pan American Drive Miami, Florida 33133 Attention: City Manager 5. LANDSCAPE AND TREE GRATES a. It is understood between the parties hereto that the landscape and tree grates 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. The CITY shall be given sixty (60) calendar days notice to remove said landscape/hardscape after which time the DEPARTMENT may remove same. b. The CITY may construct additional landscape within the PROJECT LIMITS identified as a result of this document, subject to the following conditions: i. Plans for any new and/or additional materials shall be subject to approval by the DEPARTMENT. The CITY shall not change or deviate from said plans without written approval by the DEPARTMENT. ii. All landscape and tree grates shall be developed and implemented in accordance with appropriate state safety and road design standards. iii. The CITY agrees to comply with the requirements of this AGREEMENT with regard to any additional materials installed. 6. TERMINATION This AGREEMENT is subject to termination under any one of the following conditions: a. By the DEPARTMENT, if the CITY fails to perform its duties under Section 2, following thirty (30) days Maintenance Memorandum of Agreement between Florida Department of Transportation and City of Miami Page 4 of 8 written notice. b. In accordance with Section 287.058(1)(c), Florida Statutes, the DEPARTMENT shall reserve the right to unilaterally cancel this AGREEMENT if the CITY/COUNTY 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. C. Only if mutually agreed to by both parties with a six (6) month written notice. 7. TERMS a. The terms of this AGREEMENT shall only commence upon execution by all parties. This AGREEMENT shall continue in perpetuity or until termination as set forth in Section 6. b. This writing embodies the entire AGREEMENT and understanding between the parties hereto and there are no other agreements and understanding, oral or written, with reference to the subject matter hereof that are not merged herein and superseded hereby. C. 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. d. This AGREEMENT is nontransferable and nonassignable in whole or in part without the prior written consent of the DEPARTMENT. e. This AGREEMENT, regardless of where executed, shall be governed by and constructed in accordance with the laws of the State of Florida. Maintenance Memorandum of Agreement between Florida Department of Transportation and City of Miami Page 5 of 8 IN WITNESS WHEREOF, the parties hereto have caused these presents 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: (SEAL) CITY Clerk ATTEST: Executive Secretary LEGAL REVIEW: BY: BY: CITY Attorney District Chief Counsel Maintenance Memorandum of Agreement between Florida Department of Transportation and City of Miami Page 6 of 8 EXHIBIT 'A' PROJECT LIMITS Below are the limits of the landscape and tree grates to be maintained under this AGREEMENT. State Road Number: 7/US-441/NW 7t' and 8th Avenue Agreement Limits: From NW 3rd Street (MP 0. 733) to NW 8tn Street (MP 1.104) County: Miami -Dade Maintenance Memorandum of Agreement between Florida Department of Transportation and City of Miami Page 7 of 8 EXHIBIT `B' CITY OF MIAMI RESOLUTION To be herein incorporated once ratified by the CITY Board of Commissioners. Maintenance Memorandum of Agreement between Florida Department of Transportation and City of Miami Page 8 of 8