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Home My WebLink AboutR-77-0695■ RFC/tb 8/38/77 "SUPPORTIVE DOCUMENTS FOLLOW" 9 5 RESOLUTION NO. ' s RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A MAINTENANCE AGREEMENT BETWEEN THE CITY OF MIAMI AND THE STATE OF FLORIDA FOR THE MAINTENANCE OF LANDSCAPING IMPROVE- MENTS ON THE STATE-OWNED I-95 EXIT RAMP ISLAND AT S.E. 2ND AVENUE, WITH FUNDS THEREFOR NOT TO EXCEED $1,000. ALLOCATED FROM THIRD YEAR COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS. WHEREAS, the City of Miami recognizes the special benefits of its subtropical atmosphere and has chosen to enhance this unique environment through a City-wide tree -plant- ing program; and WHEREAS, the State-owned I-95 exit ramp island on S.E. 2nd Avenue is presently chracterized by a mass of weeds and litter, despite the fact that the intersection is a "gateway" to Downtown Miami; and WHEREAS, the use of landscaping can effectively serve the buffer and visually screen a road of freeway; and WHEREAS, the City of. Miami, through its Third Year Community Development Program, plans to inexpensively landscape the said I-95 ramp and subsequently maintain the landscaping; NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF "DOCUMENT INDEX THE CITY OF MIAMI, FLORIDA: ITEM N� " - Section 1. The City Manager is IThere ri-�ed to execute a maintenance agreement between the City of Miami and the State of Florida Department of Transportation for the I-95 exit ramp landscaping improvements, as described on the attached site plan. The landscaping will be funded from Third Year Community Development Block Grant Funds in a sum not to exceed $1,000. PASSED AND ADOPTED thisjTH day of SFPTFMRFR _ , 1.977. CITY COMMISSiON 1 64' E.T'.NG OF i 1sawtaN NO .7, . 7. -..fi 9 .....• ....,......_...<1 �.m PREPARED AND APPROVED BY: ROBERF. CLARK ASSISTANT CITY ATTORNEY APPROVED AS TO FOPJ1 AND CORRECTNESS: GEOR F'. KNOX, R. CITY ATTORNEY f 7- 695 Mr- IlIGIP. rt y IANDSCAr'i :C: JOINT" TI-HIS AGREEMENT, made and entered into thi:;`day of , 1977, by and between the STATE OF FLORIDA DEPART IV'MENT OF TRANSPORTATION, a component Agency of the :tau. of Florida, hereinafter called the "Department", and the CITY OF ? IA vit, municipal corporation in DADE COUNTY, FLORIDA, existing under the laws or FIor'ida, hereinafter called the "City". w f' i' N E S S E T i i: WIII.JAEAS, as a part 0; the continual updating of the State of Florida Highway System, the Department, for the purpose of ;safety has created an entrance Ramp island at S. L. 2nd Avenue in Downtown Miami. in order to divide the traffic lanes to the t-95 Feeder Road; and WHEREAS, the existing appearance of the Ramp Island detracts fron-1 the surrounding; neighbor'tiood, and the adjacent neighborhood would greatly benefit from the installation of appropriate landsc. c materia's; and WIIEREAS, the entire length of this above -mentioned project is within the corporate limits of the City; and i'Vi1ERLAS, the parties hereto are of the opinion that said Island strip should be attractively landscaped with various flora; and NOW, T iEi:EFORE, for and in consideration of the mutual benefits to flow each to the other, the parties covenant and agree as fgllows:' The City will install plantings within the Island on that part of S. E. 2nd Avenue at the entrance to the I-9.5 Feeder j oad according to the plans and specifications attached hereto and made a part of this Agreement. All such installations Shall he made under the suparvisiun of and to the saris, "SUPPORTIVE DOCU."ENTS The City hereby agrees to rnaintain the plantings following the.wpst- re_commtrciations as to aroceclursafety and plant care, at .he soI six i' ,. s4• of the City. 'i' le City responii►;i iity for nzaint nanco shall titc1ide all .tndscapcd ahtl/cIr turfed areas w- iJ�):3rii"ctcnt of Tretn::portat►oli lei htaot away within the Limits of till! project, Such maintenance e to rovided by the City is specifically set out as foi ows: To maintain, which is •ans that proper Watering and proper iertiiitatioh of all plants and keeping them as free as practica►iic from disc, se and hartr►fut insects; to properly :mulch the i)lant i.c.•c;s; to keels the premises free of weeds; to mow and/en' cut the grass to a. !.roper Length; to properly prune all plants wh;ch rernoving 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 erit:irety, or removing or replacing plants that fall below original project standards. To maintain also means to keep litter removed from the Islanci strip or landscaped areas within the said project. Plants shall be those items which would be scientifically classified as plants and include but are not ignited to trees, gra.. , or shrubs. III If at any time after the City has assumed the maintenance responsi. bility above -mentioned, it shall come to the attention of the Department's Direct,— of Road Operations that the pro ject or .t part thereof is not being properly maintained pursuant to the terms c.f this Agreement, said irector of Ro t.i Operations may at his option issue a written notice a°deficiency or deficiencies esist(s), by sending a cer't; .cd letter care of The City Manager, City Halt, Dinner Key, Miami, r'iorida, Thereafter the City shall have a period of (i.G) sixty days within which correct the cited clefici .,cries. If said deficiencies are not corrcctcd within this time period the Department may at its option, proceed as follows. e Director :of Road Operations may at his option declare the ct forfeited, The City upon, the forfeiture r,f this contract st.ail 2iprovernonts within 120 days from said; or 1, 1 :' 1 (_IIt A ill ) if the City fails to reni',t'L the unprovei„enis, the Dc:h:,rtnietit •fray at its option i rnoV'c ail of' alicisca.ping except grass. and plant the entire Isiand Area in grass and charge the City tti reasohabie t'atu'e' or such work, The Ise artni& it would then reassure. M;ainteriazc:e i'cs1iof sibiiity for the Island Area. i:V If and at any time after trt cc►meilctr and after the same has 'bcc,n turned over to the City for maintenance the City shall decide that it nu longer desires to maintain the project they City Manager may at his option forfeit this contract and proceed as follows: (a) Remove all of the landscaping except- grass, and plant grass c. necessary in order to return the. island Area to the ;;ante.: condition vas in bLiore the City's landscaping project was undertaken. (b) Upon completion of the above, main, ranee responsibility for the Island Area would be returned to the. Department. It is understood between the parties hereto that the landscaping ;covered by this Agreement may be removed, relocated or adjusted at any time in the future as found necessary by trte Department in order rna.l rye widened, altered or otherwise changed: to`xncet with future criteria or planning of the Department. VI The City hereby agrees to indemnify, defend, save and hold harm- ..- ss the Department from ali e aims, den -lands, liabilities and suits of any nature w:•atsoevcr arising out of, because of, or due to the breach of this Agreement by he ti, their subcontractors, agents or employees, ' or due to any act or occurrence of omission or commission of the City'> nr.,thc County, their subcontractors, agents or employees. Tt is• ucificall.y understood and agreed that this indemnification agreement:.. cover or indemnify the Department for its, or its offtcc:rt;, agents, twit .I��aJi, .ut}cu pr bvc:ach •cif contract, MI OW" v It The Department .4 Director of Road Operations shalt c&ucide all ,4tlestions, difficulties and disputes of any nature whatsoever that may arise uivler or by reason of this Agroement, the prosecution or fuifiil= thent of the services 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: V III This Agreement is nontransferable and nonass.gnabte e;'or in iSart without written consent of the Department. IN WITNESS WHEREOF, the parties hereto have caused these presents 6 be executed, the day and year first above written. WITNESSES: ATTEST: ATTEST: City Cleric ' APPRO"ED AS TO CONTENT STATE OF FLORIDA DEBAR T IvIENT OF TRANSPORTATION BY: Director of Adrrminist ration THE CITY OF (a municipal corporation of the State of Florida) BY: City Manager APPROVED AS :TO FORM k CORRECTNESS 1 ■ dtiaeph RI Grassie City Manager 4-"t'a/ `,414"1 t t-ate Richard L. Fosmoen, Director Planning Department fir r I • r i r• i r! 41 rtt AUG 2 August 24, 1977 Landscaping Maintenance Agreement with Florida Depart- ment of Transportation City Commission Agenda September 8, 1977 Resolution, Agreement & Map The attached Resolution for City Commission consideration authorizes the Administration to execute the enclosed Landscaping Maintenance Agreement with the State of Florida Department of Transportation. The landscaping will be funded with the Third Year Community Develop- ment allocation. The location of the landscaping project, as indicated on the enclosed map, is in Downtown Miami on S. E. 2nd Avenue at the entrance to I-95. The area to be landscaped, a triangular ramp island of approximately 4,000 square feet or .09 acres, is owned by the State as part of the Interstate Highway System. The intersection is a "gateway" to Downtown Miami, and its present littered appearance detracts from the surrounding neighborhood. The project cost is minimal ($1,000 to $2,000), and we believe the visual impact on the area will be significant. The attached landscaped plan calls for use of native plants and trees, which will require minimal maintenance and little or no watering after the initial four to six months. Hence although the project will neces- sitate taking over maintenance responsibility from the State, because of the use of native plants the maintenance will not be burdensome. Installation of the groundcover and initial maintenance will be under- taken by the Parks Department. Long term maintenance will be taken over by Public Works. RLF:zf