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HomeMy WebLinkAboutExhibitFLORIDA DEPARTMENT OF TRANSPORTATION LANDSCAPE, TURF, INTEGRAL COLORED SIDEWALKS, PAVERS, AGGREGATE TEXTURED SIDEWALKS, LIGHTING SYSTEMS AND OTHER INCIDENTAL FEATURES MAINTENANCE MEMORANDUM OF AGREEMENT WITH THE CITY OF MIAMI This AGREEMENT, entered into on , 20 , by and between the STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION, an agency of the State of Florida, hereinafter called the DEPARTMENT, and the CITY OF MIAMI, a municipal corporation of the State of Florida, hereinafter called the CITY, and collectively referred to as the PARTIES. RECITALS:. A. The DEPARTMENT has jurisdiction over State Road (SR) 968 (SW 131- Street) along and adjacent to the Miami River Bridge, which road is located within the limits of the CITY; and B. The DEPARTMENT acquired and has jurisdiction over Parcels A and B along SW South River Drive, the limits of which are described in the attached Exhibit `A'; and C. The DEPARTMENT acquired and has jurisdiction over Parcel B along SW North. River Drive, the limits of which are described in the attached Exhibit `B'; and D . The DEPARTMENT, pursuant to Contract # C9EO9, has drafted design plans for beautification improvements on SR 968 (SW lst Street) from SW 6th Avenue (MP 1.954) to SW 2nd Avenue (MP 2.351), and within the Parcels previously described, the limits of which are described in the attached Exhibit `C' (the PROJECT LIMITS), which by reference shall become a part of this AGREEMENT; and E. The DEPARTMENT will install in accordance with the design plans for Contract # C9EO9 (the "Project") landscape, turf, integral colored sidewalks, pavers, aggregate textured sidewalks, lighting conduits and pull --boxes; and F. The CITY will install under a future Permit lighting system(s), bollards, benches, trash receptacles and signage, as approved by the DEPARTMENT; and Maintenance k1emorandum of Agreement between Florida Department of Transportation and City of Miami Page [ of 19 G. It is the intent of the PARTIES for this AGREEMENT to supplement all maintenance requirements between the DEPARTMENT and the CITY for all previously executed Permits and Agreements related to the subject matter of this AGREEMENT; and H. The PARTIES to this AGREEMENT mutually recognize the need for entering into an agreement designating and setting forth the CITY's responsibilities with regards to the maintenance of all the landscape, turf, integral colored sidewalks, pavers, aggregate textured sidewalks, lighting system(s), bollards, benches, trash receptacles, and signage within the PROJECT LIMITS (for purposes of this Agreement, the IMPROVEMENTS); and I. The CITY, by Resolution No. , dated , attached hereto as Exhibit `D', which by reference shall become a part of this AGREEMENT, desires to enter into this AGREEMENT and authorizes its officers to do so. NOW, THEREFORE, for and in consideration of the mutual benefits contained herein and other good and valuable consideration, the PARTIES covenant and agree as follows: 1. RECITALS The recitals in this AGREEMENT are true and correct, and are incorporated herein by reference and made a part hereof. 2. DEPARTMENT RESPONSIBILITIES The PARTIES agree that the execution of this AGREEMENT shall constitute an assignment of all maintenance responsibilities for the IMPROVEMENTS to the CITY upon the DEPARTMENT's release of its contractor(s) from further warranty work and responsibility, and upon the DEPARTMENT's final acceptance of all permit work. 3. CITY'S MAINTENANCE RESPONSIBILITIES So long as the IMPROVEMENTS remain in place, the CITY shall be responsible for the maintenance of the same, at CITY's sole cost and expense. The CITY shall maintain the landscape, turf, integral colored sidewalks, pavers, aggregate textured sidewalks, lighting system(s), bollards, benches, trash Maintenance Memorandum of Agreement between Florida Department of Transportation and City of Miami Page 2 of 19 receptacles, and signage in accordance with all applicable DEPARTMENT guidelines, standards, and procedures, which shall include but shall not be limited to the Maintenance Rating Program Handbook, as may be amended from time to time. Additionally, the CITY shall maintain the landscape and turf in accordance with the International Society of Arboriculture standards, guidelines and procedures, the latest edition of the "Maintenance Rating Program", and Index 546 of the latest DEPARTMENT Design Standards as may be amended from time to time. The CITY shall further maintain the landscape, turf, integral colored sidewalks, pavers, aggregate textured sidewalks, lighting system(s), bollards, benches, trash receptacles, and signage in accordance with the standards set forth in the Project Plans, in the Project Specifications and Special Provisions, in accordance with the Miami River Greenway Regulatory Design Standards, and the Miami 21 Code. The CITY's maintenance obligations shall include but not be limited to: 3.1 General Requirements: (a.) Removing and disposing of litter from PROJECT LIMITS in accordance with all applicable government rules, regulations, policies, procedures, guidelines, and manuals, as amended from time to time. (b.) Maintaining a service log of all maintenance operations that sets forth the date of the maintenance activity, the location that was maintained, and the work that was performed. (c.) Submitting Lane Closure Requests to the DEPARTMENT when maintenance activities will require the closure of a traffic lane in the DEPARTMENT's right-of-way. Lane closure requests shall be submitted through the District Six Lane Closure Information System, to the DEPARTMENT's area Permit Manager and in accordance with the District Six Lane Closure Policy, as may be amended from time to time. 3.2 Landscape and Turf: (a.) Mowing, cutting and/or trimming and edging the grass and turf within the PROJECT LIMITS. Maintenance Memorandum of agreement between Florida Department of Transportation and City of Miami Page 3of19 (b.) Pruning all plant materials, which include trees, shrubs and ground covers, and parts thereof, including all material encroaching from adjacent properties onto the adjacent state right-of-way. (c.) All pruning and trimming will follow the Maintenance Rating Program Handbook which specifically requires no encroachment of trees, tree limbs or vegetation in or over travel way (or clear zone) lower than 14.5 feet, or lower than 8.5 feet over sidewalks. (d.) Removing and properly disposing of dead, diseased or otherwise deteriorated plants in their entirety, and replacing those that fall below the standards set forth in the Project Plans and in the Project Specifications, incorporated herein by reference, and all applicable DEPARTMENT guidelines, standards and procedures, as may be amended from time to time. All replacement materials shall be in accordance with the Project Plans and the Project Specifications and Special Provisions. (e.) Mulching all plant beds and tree rings. (f.) Removing and disposing of all undesirable vegetation including but not limited to weeding of plant beds and removal of invasive exotic plant materials. (g.) Watering and fertilizing all plants as needed to maintain the plant materials in a healthy and vigorous growing condition. (h.) Paying for all water use and all costs associated therewith. (i.) Removing and disposing of litter from the medians and from the roadside adjacent to the medians in accordance with all applicable government rules, regulations, policies, procedures, guidelines, and manuals, as amended from time to time. (j.) Removing and disposing of all trimmings, roots, branches, litter, and any other debris resulting from the activities described by 3.A through 3.I. Maintenance Memorandum oFAa eementbetween Flondi department of Transportation and City of Miami Page 4 of 19 3.3 Integral Colored Sidewalks: (a.) Sweep the colored sidewalk periodically to keep it free of debris and to maintain an aesthetically pleasing condition. A light pressure washing may be necessary for heavy stain removal or cleaning. (b.) The CITY shall conduct annual condition surveys of the colored sidewalk for gaps, settlement, drop- offs, and other deficiencies for the life of the colored sidewalk. (c.) Performing routine and regular inspections of the colored sidewalk to ensure that the surface is compliant with the American with Disabilities Act (ADA). (d.) Gaps within the colored sidewalk shall not exceed a quarter (0.25) of an inch. (e.) Differential settlement within the colored sidewalk shall not exceed a quarter (0.25) of an inch in depth. (f.) Undertaking the maintenance and repair (when needed) of the colored sidewalk. (g.) For any routine repairs or replacement due to noticeable color scarring or surface deterioration of the colored sidewalk, the product authorized installer should be contacted. (h.) When remedial action is required in accordance with the above requirements, the CITY at its own expense shall complete all necessary repairs within sixty (60) days of the date the deficiency is identified. 3.4 Pavers: (a.) Sweep the decorative pavers periodically to keep it free of debris and to maintain an aesthetically pleasing condition. A light pressure washing may be necessary for heavy stain removal or cleaning. Maintenance Memorandum of Agreement between Florida Department offransportation and City of Miami Page 5 of 19 (b.) The CITY shall conduct annual condition surveys of the decorative pavers, including their perimeter concrete edges for gaps, settlement, drop-offs, and other deficiencies for the life of the decorative pavers. (c.) Performing routine and regular inspections of the decorative pavers, including their perimeter concrete edges to ensure that the surface is American with Disabilities Act (ADA) compliant. (d.) Gaps within the decorative pavers shall not exceed a quarter (1/4) of an inch. (e.) Differential settlement within the decorative pavers shall not exceed a quarter (0.25) of an inch in depth. (f.) undertaking the maintenance and repair (when needed) of decorative pavers, including their perimeter concrete edges. (g.) For any routine repairs or replacement due to noticeable color scarring or surface deterioration of the decorative pavers, the product authorized installer should be contacted. (h.) When remedial action is required in accordance with the above requirements, the CITY at its own expense shall complete all necessary repairs within sixty (60) days of the date the deficiency is identified. 3.5 Aggregate Textured Sidewalks: (a.) Performing routine and regular inspections of the decorative and aggregate textured sidewalks, including their perimeter concrete edges to ensure that the surface is ADA compliant. (b.) Identifying damage and/or malfunctions in the decorative and aggregate textured sidewalks, including their perimeter concrete edges; and repairing and/or replacing damaged areas to ensure surfaces are maintained and that they do not pose safety hazards for the public. Alaintenance Memorandum of A.-Teement between Florida Department of Transportation and City of Miami Page 6 of 19 (c.) Conducting annual condition surveys of the decorative and aggregate textured sidewalks, including their perimeter concrete edges for gaps, settlement, drop-offs, and other deficiencies described in this AGREEMENT. (d.) Ensuring that gaps within the decorative and aggregate textured sidewalks, including their perimeter concrete edges shall not exceed a quarter (1/4) of an inch. Differential settlement within the concrete/finish surfaces shall not exceed a quarter (1/4) of an inch in depth. (e.) Undertaking the maintenance and repair (when needed) of decorative and aggregate textured sidewalks, including their perimeter concrete edges. (f.) When remedial action is required in accordance with the above requirements, the CITY at its own expense shall complete all necessary repairs within ninety (94) days of the date the deficiency is identified. (g.) The CITY is responsible for obtaining copies of all applicable rules, regulations, policies, procedures, guidelines, manuals, Project Specification and Special Provisions, as may be amended from time to time. 3.6 Lighting Systems (Roadway, Pedestrian and Decorative): (a.) The CITY shall be responsible at no cost to the DEPARTMENT for the maintenance of all the lighting systems and associated components within the PROJECT LIMITS. (b.) The PARTIES herein agree that the lighting system includes: light poles, attached signs, light fixtures, luminaire, foundations, pull -boxes, conductors, conduits, load centers, and all wiring from the tie-in (service point) location with the power company to the load center and from the load center to the components that make up the lighting system. Maintenance Memorandum of Agreement between Florida Department of Transportation and City of Miami Page 7 of 19 (c.) The CITY shall maintain the entire lighting systems at a minimum of 95% operational at all times. (d.) The CITY assumes responsibility for the cost of electricity, maintenance and repairs to the entire lighting systems. (e.) The CITY is responsible for the removal, disposal and replacement of knock -down light poles and light poles foundation caused by any incident in a manner that will protect the general public. (f.) The CITY shall replace stolen wire and any other component of the lighting system affected by theft and vandalism. The existing electrical panel and circuit wires shall be maintained by the CITY. (g.) The CITY shall conduct the lighting system work in a manner as to ensure the least practical interference with the roadway and pedestrians. (h.) The CITY shall perform all work in accordance with the latest laws of the State of Florida, applicable municipal ordinances, regulations and requirements of the Public Services Commission, the current standard of the National Electric Code, the latest edition of the Department of Transportation Standard Specifications for Road Bridge Construction, and the latest edition of the Manual on Uniform Traffic Control Devices for Streets and Highways (MUTCD) and amendments thereto. (i.) Tt is understood between the PARTIES hereto that the lighting systems 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. (j.) Performing routine and regular inspection of the decorative lighting performance to ensure that the system(s) are fully functional; identifying damage and/or malfunctions; repairing or replacing broken or missing lighting equipment; and adjusting light Maintenance Memorandum of Agreement between Florida Deparhnent of Transportation and City of Miami Page 8 of 19 throw to eliminate interference with visibility of motoring public. 3.7 Other Incidental Features: (a.) The CITY shall inspect, manage and perform maintenance and repairs of all IMPROVEMENTS located within the PROJECT LIMITS. The CITY shall further inspect the PROJECT LIMITS to ensure that no unpermitted modifications are installed or constructed, and that any such unpermitted modifications are immediately removed. Notwithstanding the foregoing, the CITY shall be obligated to remove any features within the PROJECT LIMITS that may cause an unsafe condition to the public. (b.) The CITY shall be responsible for and inspect, maintain, repair and manage or cause to be maintained and repaired all aboveground features located within the footprints of the PROJECT LIMITS, including but not limited to bicycle racks, trash receptacles, commercial elements, banners, pay phones, bollards, signage, benches, ash urns, play/entertainment areas, event tents and platforms, kiosks, tables and chairs, advertising items, decorations, pedestrian shelters, and other features installed within the PROJECT LIMITS. The DEPARTMENT may, at its sole discretion, perform periodic inspection of the landscape, turf, integral colored sidewalks, pavers, aggregate textured sidewalks, lighting system(s), bollards, benches, trash receptacles, and signage to ensure that the CITY is performing its duties pursuant to this AGREEMENT. The Department shall share with the CITY its inspection findings, and may use those findings as the basis of its decisions regarding maintenance deficiencies, as set forth in Section 4 of this AGREEMENT. The CITY is responsible for obtaining copies of all applicable rules, regulations, policies, procedures, guidelines, and manuals, and the Project ,Specification and Special Provisions, as may be amended from time to time. Maintenance Memorandum of Ae cement between Ftorida Department of Transportation and City of Miami Page 9 of 19 4. MAINTENANCE DEFICIENCIES Tf av any time it shall come to the attention of the DEPARTMENT that the CITY's responsibilities as established herein are 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 notify the CITY of the maintenance deficiencies. From the date of receipt of the notice, the CITY shall have a period of sixty (60) calendar days, within which to correct the cited deficiency or deficiencies. Receipt is determined in accordance with Section 5 of this AGREEMENT. If said deficiencies are not corrected within this time period, the DEPARTMENT may, at its option, proceed as follows: a. Maintain the landscape and turf or a part thereof and invoice the CITY for expenses incurred; or b. Terminate this AGREEMENT in accordance with Section 7, remove any or all landscape located within the medians and charge the CITY the reasonable cost of such removal. 5. NOTICES 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 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 Miami, Florida 33172-5800 Attn: District Maintenance Engineer To the CITY: City of Miami 444 SW 2nd Avenue, lOt" Floor Miami, Florida 33130 Attention: City Manager Notices shall be deemed to have been received by the end of five (5) business days from the proper sending thereof unless proof of prior actual receipt is provided. Maintenance Memorandum of Agreement between Florida Department of Transportation and City of Miami Page 10 of 19 6. REMOVAL, RELOCATION OR ADJUSTMENT OF THE LANDSCAPE The PARTIES agree that the landscape, integral colored sidewalks, pavers, aggregate textured sidewalks, lighting system(s), bollards, benches, trash receptacles, and signage addressed by this AGREEMENT may be removed, relocated or adjusted at any time in the future, at the DEPARTMENT's 'sole discretion. The. DEPARTMENT shall notify the CITY as soon as practicable of any such removal, relocation or adjustment of the IMPROVEMENTS. This notification is not subject to the notice provisions of Paragraph 5 of this AGREEMENT. In the event that the DEPARTMENT relocates or adjusts the landscape, turf, integral colored sidewalks, pavers, aggregate textured sidewalks, lighting system(s), bollards, benches, trash receptacles, and signage, the CITY's maintenance responsibilities will survive the relocation or adjustment, as long as the materials remain within the PROJECT LIMITS. 7. 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 3 of this AGREEMENT, following the sixty (60) calendar days written notice, as specified in Section 4 of this AGREEMENT. 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 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. If mutually agreed to by both PARTIES, upon thirty (30) days advance notice. An agreement to terminate shall be valid only if made in writing and executed with the same formalities as this AGREEMENT. Maintenance Memorandum of Agreement between Florida Department of Transportation and City orkliami Page 11 of 19 8, 'PERMS a. The effective date of this AGREEMENT shall commence upon execution by the PARTIES and shall continue so long as the IMPROVEMENTS remain in place until termination as set forth in Section 7. h. E -Verify The CITY shall: i. Utilize the U.S. department of Homeland Security's E -Verify system to verify the employment eligibility of all new employees hired by the Vendor/ Contractor during the term of the contract; and ii. Expressly require any subcontractors performing work or providing services pursuant to the state contract to likewise utilize the U.S. Department of Homeland Security's E -Verify system to verify the employment eligibility of all new employees hired by the subcontractor during the contract term. (Executive Order Number 2011-02) The CITY shall insert the above clause into any contract entered into by the CITY with vendors or contractors hired by the CITY for purposes of performing its duties under this AGREEMENT. C . 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. d. This AGREEMENT shall not be transferred or assigned, in whole or in part, without the prior written consent of the DEPARTMENT. e. This AGREEMENT shall be governed by and constructed in accordance with the laws of the State of Florida. Any provisions of this AGREEMENT found to be unlawful or unenforceable shall be severable and shall not affect the validity of the remaining portions of the AGREEMENT. Maintenance Memorandum of .-agreement between Florida Department of Transportation and City ol'Miami Page 12 of 19 f. Venue for any and all actions arising out of or in connection to the interpretation, validity, performance or breach of this AGREEMENT shall lie exclusively in a state court of proper jurisdiction in Leon County, Florida. g. A modification or waiver of any of the provisions of this AGREEMENT shall be effective only if made in writing and executed with the same formality as this AGREEMENT. g. The section headings contained in this AGREEMENT are for reference purposes only and shall not affect the meaning or interpretation hereof. h. No term or provision of this AGREEMENT shall be interpreted for or against either Party because the Party or its legal representative drafted the provision. i. The DEPARTMENT is a state agency, self-insured and subject to the provisions of Section 768.28, Florida Statutes, as may be amended from time to time. Nothing in this AGREEMENT shall be deemed or otherwise interpreted as waiving the DEPARTMENT's sovereign immunity protections, or as increasing the limits of liability as set forth in Section 768.28, Florida Statutes. j. The CITY is a municipal corporation, self-insured and subject to the provisions of Section 768.28, Florida Statutes, as may be amended from time to time. Nothing in this AGREEMENT shall be deemed or otherwise interpreted as waiving the CITY's sovereign immunity protections, or as increasing the limits of liability as set forth in Section 768.28, Florida Statutes. 9. INDEMNIFICATION Subject to Section 768.28, Florida Statutes, as may be amended from time to time, the CITY shall: (a) promptly indemnify, defend, save and hold harmless the DEPARTMENT, its officers, agents, representatives and employees from any and all losses, expenses, fines, fees, taxes, assessments, penalties, reasonable costs, damages, judgments, claims, demands, liabilities, Maintenance Memorandum of Agreement between Florida Depamuent of Transportation and City of Miami Page 13 of 19 reasonable attorneys fees (including regulatory and appellate fees), and suits of any nature or kind whatsoever caused by, arising out of, or related to the CITY's negligent exercise of its responsibilities as set out in this AGREEMENT, including but not limited to, any negligent act, negligent action, negligence or omission by the CITY, its officers, agents, employees or representatives in the performance of this AGREEMENT, whether direct or indirect, except that neither the CITY nor any of its officers, agents, employees or representatives will be liable under this provision for damages arising out of injury or damages caused or resulting from the negligence of the DEPARTMENT; and (b) pay all reasonable costs and fees related to this obligation and its enforcement by the DEPARTMENT. The CITY's obligation to indemnify, defend and pay for the defense of the DEPARTMENT, or at the DEPARTMENT's option, to participate and associate with the DEPARTMENT in the defense and trial of any claim and any related settlement negotiations, shall be triggered immediately upon the CITY's receipt of the DEPARTMENT's notice of claim for indemnification. The notice of claim for indemnification shall be deemed received if the DEPARTMENT sends the notice in accordance with the formal notice mailing requirements set forth in Section 5 of this AGREEMENT. The DEPARTMENT's failure to notify the CITY of a claim shall not release the CITY of the above duty to defend and indemnify the DEPARTMENT. The CITY's evaluation of liability or its inability to evaluate liability shall not excuse the CITY's duty to defend and indemnify the DEPARTMENT under the provisions of this section. Only an adjudication or judgment, after the highest appeal is exhausted, specifically finding the DEPARTMENT was negligent shall excuse performance of this provision by the CITY. The indemnification provisions of this section shall survive termination or expiration of this AGREEMENT, but only with respect to those claims that arose from acts or circumstances which occurred prior to termination or expiration of this AGREEMENT. Maintenance A•[cinoranduKn of Ageement between Florida Department of Transportation and City of Miami Page 14 of 19 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 Director cf Transportation Operations ATTEST: (SEAL) ATTEST: City Clerk Executive Secretary APPROVED BY: Director of Public Works BY: APPROVED AS TO INSURANCE: Director - Risk Management LEGAL REVIEW: BY: City Attorney - Approved as to form and legality BY: District Chief Counsel Maintenance klemorandum of Agreement between Flotida Depatttnent of Trmsportation :md City of Miami Page 15 of 19 EXHIBIT 'A' PARCELS A AND B ALONG SW SOUTH RIVER DRIVE Maintenance Memorandum of Agreement between Florida Department of Transportation and City of Miami Page 16 of 19 EXHIBIT `B' PARCEL B ALONG SW NORTH RIVER DRIVE Maitacnance Memorandum of Agreement between Florida Department ofTmn portation and City of Miami Page 17 of 19 EXHIBIT 'C' PROJECT LIMITS Below are the limits of the landscape, turf, integral colored sidewalks, pavers, aggregate textured sidewalks, lighting system(s), bollards, benches, trash receptacles, and signage to be maintained under this AGREEMENT. State Road Number: 968 (SW 1st Street) Agreement Limits: County: From SW 6th Avenue (MP 1.954) to SW 2nd Avenue (MP 2.351) Parcels A and B along SW South River Drive, the limits of which are described in the attached Exhibit 'A' Parcel B along SW North River Drive, the limits of which are described in the attached Exhibit 'B' Miami -Dade Maintenance Ndemotandum of Agreement between Florida Depaninent ofTtansportation and City of Miami Page 18 of 19 EXHIB IT 'D " CITY OF MIAMI RESOLUTION To be herein incorporated once adopted by the CITY Council. Maintenance Memorandum of Agreement between Florida Department of Transportation and City of Miami Page 19 of 19