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HomeMy WebLinkAboutexhibitSECTION NO.: xxxxxxxxx FM NO.(s): 249528-1-52-01 COUNTY: Miami -Dade S.R. NO.: 25 DISTRICT SIX (6) MAINTENANCE MEMORANDUM OF AGREEMENT THIS AGREEMENT, made and entered into this day of 20_, 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 Florida, hereinafter called the AGENCY. WITNESSETH: WHEREAS, the DEPARTMENT has jurisdiction over State Road 25 as part of the State Highway System; and WHEREAS, as part of the continual updating of the State of Florida Highway System, the Department, for the purpose of safety, protection of the investment and other reasons, has constructed and does maintain a two (2) lane highway facility as described in Exhibit A attached hereto and incorporated by reference herein, within the corporate limits of the AGENCY; and WHEREAS, the AGENCY is of the opinion that said highway facilities that contain landscape medians and areas outside the travel way to the right of way line, excluding standard concrete sidewalk, shall be maintained by periodic trimming, cutting, weeding, mowing, fertilizing, litter pick-up and necessary replanting; 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 AGENCY by Resolution No. dated , 20 , 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 DEPARTMENT hereby agrees to install or cause to be installed landscape and tree grates on the highway facilities as specified in plans and specifications hereinafter referred to as the Project and incorporated herein as Exhibit B. 2. The AGENCY agrees to maintain the landscape and tree grates within the medians and areas I:\projects116766111-SR251249525 ilmaintenance MOA1fl6 Maintenance Agreement June 14 2004.doc outside the travel way to the right of way line by periodic trimming, cutting, mowing, fertilizing, curb and sidewalk edging, litter pickup and necessary replanting, following the DEPARTMENT'S landscape safety and plant care guidelines. The AGENCY'S responsibility for maintenance shall include all landscaped/turfed areas and tree grates. Such maintenance to be provided by the AGENCY is specifically set out as follows: To maintain, which means the proper watering and fertilization of all plants and keeping them as free as practicable from disease and harmful insects; to properly mulch the plant beds; to keep the premises free of weeds; to mow and/or cut the grass to a proper length; 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 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 size and grade as specified in the original plans and specifications. Plants shall be those items that would be scientifically classified as plants and include but are not limited to trees, grass, or shrubs. To maintain also means to adjust or replace a tree grate that creates a safety hazard. To maintain also means to keep litter removed from the median and areas outside the travel way to the right of way line. If it becomes necessary to provide utilities to the median or side areas (water/electricity) for these improvements, all costs associated with irrigation maintenance, impact fees and connections as well as on -going cost of water are the maintaining agency's responsibility. The above named functions to be performed by the AGENCY, may be subject to periodic inspections by the DEPARTMENT at the discretion of the DEPARTMENT. Such inspection findings will be shared with the AGENCY and shall be the basis of all decisions regarding, repayment, reworking or agreement termination. The AGENCY shall not change or deviate from said plans without written approval of the DEPARTMENT. 3. If at any time after the AGENCY has assumed the landscape/tree grate installation and/or maintenance responsibility above -mentioned, it shall come to the attention of the DEPARTMENT'S District Secretary that the limits or a part thereof is not properly maintained pursuant to the terms of this 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 AGENCY, to place said AGENCY on notice thereof. Thereafter the AGENCY shall have a period of thirty (30) calendar 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 landscape and tree grates or a part thereof, with DEPARTMENT or contractor's personnel and invoice the AGENCY for expenses incurred, or Terminate the Agreement in accordance with Paragraph 7 of this Agreement and remove, by DEPARTMENT or contractor's personnel, all of the T:\projects\16766111-SR251249528I1maintenance MOA\D6 Maintenance Agreement June 14 2004.doc (b) 2 landscape/irrigation/tree grates installed under this Agreement or any preceding agreements except as to trees and palms and charge the AGENCY the reasonable cost of such removal. 4. It is understood between the parties hereto that the landscape/tree grates 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 AGENCY shall be given sixty (60) calendar days notice to remove said landscape/tree grates after which time the DEPARTMENT may remove same. 5. The DEPARTMENT agrees to enter into a contract for the installation of landscape project for an amount not to exceed $325,000.00 as defined in Exhibit C. The DEPARTMENT'S participation in the project cost, as described in Exhibit C is limited to only those items that are directly related to this project. The AGENCY shall be invited to assist the DEPARTMENT in final inspection at the end of the contractor's 365 day warranty and establishment period. 6. The AGENCY agrees to reimburse the DEPARTMENT all monies expended for the project, should the landscape/tree grate areas fail to be maintained in accordance with the terms and conditions of this Agreement. 7. This Agreement may be terminated under any one (1) of the following conditions: By the DEPARTMENT, if the AGENCY fails to perform its duties under Paragraph 3, following ten (10) days written notice. By the DEPARTMENT, for refusal by the AGENCY 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 AGENCY in conjunction with this Agreement. 8. The term of this Agreement commences upon execution. 9. To the extent permitted by law, the AGENCY shall indemnify and hold harmless the DEPARTMENT, its officers and employees from all suits, actions, claims and liability arising out of the AGENCY'S negligent performance of the work under this agreement, or due to the failure of the AGENCY to maintain the Project in conformance with the standards described in Section 2 of this Agreement. 10. The AGENCY may construct additional landscape/tree grates within the limits of the rights - of -ways identified as a result of this document, subject to the following conditions: (a) Plans for any new landscape/tree grates shall be subject to approval by the i:lprojecta116766'i 1-SR25124952811maintenance MOA1D6 Maintenance Agreement June 14 2004.doc 3 DEPARTMENT. The AGENCY shall not change or deviate from said plans without written approval by the DEPARTMENT. (b) All landscape/tree grate design shall be developed and implemented in accordance with appropriate state safety and road design standards; (c) The AGENCY agrees to comply with the requirements of this Agreement with regard to any additional landscape/tree grates installed; (d) No change will be made in the payment terms established under item number five (5) of this Agreement due to any increase in cost to the DEPARTMENT resulting from 'the installation of landscape/tree grates added under this paragraph. 11. 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. 12. 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 contract, 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 contract 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 succeeding fiscal years; and this paragraph shall be incorporated verbatim in all contracts of the Department which are for an amount in excess of TWENTY FIVE THOUSAND DOLLARS ($25,000.00) and which have a term for a period of more than 1 year. 13. 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. 14. This Agreement may not be assigned or transferred by the AGENCY in whole or part without the consent of the DEPARTMENT. 15. This Agreement shall be governed by and construed in accordance with 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. 16. Any and all notices given or required under this agreement shall be in writing and either personally delivered with receipt acknowledgement or sent by certified mail, return receipt 1:lprojecis116766111-SR2S12495281\maintenance MOA1A6 Maintenance Agreement June 14 2004.doc 4 requested. All notices shall be sent to the following addresses: If to the Department: State of Florida Department of Transportation 1000 N.W. 11 lth Avenue Miami, FL 33172 Attention: FDOT District VI Director of Operations If to the Agency: City of Miami Attention: Director of Public Works IN WITNESS WHEREOF, the parties hereto have executed this Agreement effective the day and year first above written. AGENCY STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION By: By: Chairperson District Secretary Attest: (SEAL) Attest: (SEAL) Clerk Executive Secretary PROJECT LOCATION: SECTION NO.: xxxxxxxxx FM NO.(s): 249528-1-52-01 COUNTY: Miaml-Dade S.R. NO.: 25 EXHIBIT A I:Iprojecta1167661I 1-SR25124952811maintenance MOA1D6 Maintenance Agreement June 14 2004.doc 5 State Road 25 from NW 7th Ave. (M.P. 18.536) to NE 7`h Ave. (M.P. 19.893) SECTION NO.: xxxxxxxxx FM NO.(a): 249528-1-52-01 COUNTY: Miami -Dade S.R. NO.: 25 EXHIBIT B The Department agrees to install the Project with a contractor in accordance with the plans and I:\projects116766111-SR25124952811maintenance MOA D6 Maintenance Agreement June 14 2004.doc 6 specifications attached hereto and incorporated herein. Please see attached plans prepared by The Florida Department of Transportation and Keith and Schnars, P.A. Dated I:Iprojecta116766\1 I-SR2512495281\maintenance MOA\D6 Maintenance Agreement June 14 2004.doc 7 SECTION NO.: xxxxxxxxx FM NO.(s): 249528-1-52-01 COUNTY: Miami -Dade S.R. NO.: 25 EXHIBIT C PROJECT COST This Exhibit forms an integral part of the DISTRICT SIX (6) HIGHWAY MAINTENANCE MEMORANDUM OF AGREEMENT between the State of Florida, Department of Transportation and the AGENCY. Dated I. APPROXIMATE PROJECT COST: $ 325.000.00 1:lprojects116766I11-SR25124952811maintenance MOAID6 Maintenance Agreement June 14 2004.doc 8