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HomeMy WebLinkAboutExhibitFM NO.: SECTION: COUNTY: S.R. NO.: 249835-5-52-01 87030 Miami -Dade 5 MAINTENANCE MEMORANDUM OF ACREEIMIENT THIS AGREEMENT is made and entered into this day of , 2007, between the State of Florida Department of Transportation, a component agency of the State of Florida, hereinafter referred to as the `DEPARTMENT', and the City of Miami, a political subdivision of the State of Florida, hereinafter referred to as the `CITY'. RECITALS: WHEREAS, the DEPARTMENT has jurisdiction over and maintains the State Road 5 corridor 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 purposes of safety, protection of the investment and other reasons, has constructed and does maintain a six (6) lane highway facility as described in Exhibit A, `PROJECT LIMITS', attached hereto and incorporated herein by reference, within the corporate limits of the CITY; and WHEREAS, the CITY is of the opinion that said highway facility which contains landscaped areas outside the travel way to the right of way line, excluding standard concrete sidewalk, shall be maintained in accordance with the provisions detailed in Section 2 of this Agreement; and WHEREAS, the DEPARTMENT has drafted design plans for beautification improvements on State Road 5/US-1/Biscayne Boulevard, hereinafter referred to as the `PROJECT', the individual elements of which are outlined in the attached Exhibit B, `PLANS AND SPECIFICATIONS', which is herein incorporated by reference; 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 , 2007, attached hereto as Exhibit C, 'CITY RESOLUTION', which is incorporated herein by reference, desires to enter into this Agreement and authorizes its officers to do so; NOW, THEREFORE, in consideration of the premises, the mutual covenants and other Maintenance Memorandum of Agreement between the Florida Department of Transportation and the City of Miami Page 1 of 8 valuable considerations contained herein, the receipt and sufficiency of which are hereby acknowledged, the parties agree as follows: l . The DEPARTMENT hereby agrees to install or cause to be installed landscape, irrigation, decorative pavement and tree grates on the highway facility as specified in the PLANS AND SPECIFICATIONS. 2. The CITY agrees that the Biscayne Boulevard Maintenance Agreement ("BBMA") executed between the parties on October 8, 1991, is incorporated herein by reference. The terms and conditions of the BBMA Agreement remain in full force and effect. The CITY agrees to maintain, in perpetuity and at no cost to the DEPARTMENT, the landscape, irrigation, decorative pavement and tree grates within the medians and areas outside the travel way to the right of way line by performing the following activities: 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. 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 that the 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. H. Ensure decorative pavement and tree grates are fully functional for pedestrian use by Maintenance Memorandum of Agreement between the Florida Department of Transportation and the City of Miami Page 2 of 8 performing routine and regular observations of same, identifying damage and/or malfunctions and repairing and/or replacing broken or damaged decorative pavement and tree grates to ensure pedestrian access and tree health is maintained. I. Remove and properly dispose of litter from roadside and median strips. J. Remove and dispose of all trimmings, roots, branches, litter, etc., resulting from the activities described by 2.A through 2.1 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*. If at any time after the CITY has assumed the landscape installation and/or maintenance responsibility above -mentioned, it shall come to the attention of the DEPARTMENT that the PROJECT LIMITS or a part thereof are not properly maintained pursuant to the terms of this Agreement, The DEPARTMENT may, at it's option, issue a written notice that a deficiency or deficiencies exist(s), by sending a certified letter to the CITY placing said CITY on notice thereof. Thereafter, the CITY 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, irrigation, decorative pavement 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 Paragraph 5 of this Agreement and remove, by DEPARTMENT or contractor's personnel, all of the landscape, irrigation, decorative pavement and tree grates installed under this Agreement or any preceding agreements and charge the CITY the reasonable cost of such removal. 4. It is understood between the parties hereto that the landscape, irrigation, decorative pavement and 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 CITY shall be given sixty (60) calendar days notice to remove said landscaping/hardscape after which time the DEPARTMENT may remove same. 5. This Agreement may be terminated under any one (1) of the following conditions: (a) By the DEPARTMENT, if the CITY fails to perform its duties under Section 2, following thirty (30) days written notice. Maintenance Memorandum of Agreement between the Florida Department of Transportation and the City of Miami Page 3 of 8 (b) By the DEPARTMENT, for 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. 6. The tern of this Agreement commences upon execution. 7. To the extent permitted by law, the CITY shall indemnify and hold harmless the DEPARTMENT, its officers and employees from all suits, actions, claims and liability arising out of the CITY's negligent performance of the work under this Agreement, or due to the failure of the CITY to maintain the PROJECT in conformance with the standards described in Section 2 of this Agreement. 8. 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: (a) 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. (b) All landscape, irrigation, decorative pavement and tree grates shall be developed and implemented in accordance with appropriate state safety and road design standards. (c) The CITY agrees to comply with the requirements of this Agreement with regard to any additional materials installed. 9. 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. 10. 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. Maintenance Memorandum of Agreement between the Florida Department of Transportation and the City of Miami Page 4 of 8 11. 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. 12. This Agreement may not be assigned or transferred by the CITY in whole or part without the consent of the DEPARTMENT. 13. 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. 14. 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 requested. All notices shall be sent to the Following addresses: If to the Department: State of Florida Department of Transportation 1000 NW 111 th Avenue Miami, FL 33172 Attention: Ronald Steiner, P.E. FDOT District VI Maintenance Engineer If to the City: City of Miami 3500 Pan American Drive Miami, FL 33133 Attention: Pedro Hernandez City Manager IN WITNESS WHEREOF, the parties hereto have executed this Agreement effective the day and year first above written. CITY OF MIAMI STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION By: By: City Manager District Secretary Attest: (SEAL) Attest: City Clerk LEGAL REVIEW: Executive Secretary (SEAL) By: By: City Attorney District General Counsel Maintenance Memorandum of Agreement between the Florida Department of Transportation and the City of Miami Page 5 of 8