2013-28210 Reso RESOLUTION NO. 2013-28210
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY
OF MIAMI BEACH, FLORIDA,- APPROVING AND AUTHORIZING THE
MAYOR AND CITY CLERK TO EXECUTE A LANDSCAPE AND
IRRIGATION MAINTENANCE MEMORANDUM OF AGREEMENT WITH THE
FLORIDA DEPARTMENT OF TRANSPORTATION, FOR THE RELOCATION
OF LANDSCAPE ALONG STATE ROAD A1A/INDIAN CREEK DRIVE FROM
42"d STREET TO 44th STREET, AS PART OF THE STATE ROAD A1A/
INDIAN CREEK DRIVE PROJECT, FROM 42"d STREET TO 441h STREET
AND STATE ROAD A1A/COLLINS AVENUE/INDIAN CREEK DRIVE
PROJECT ALONG 43rd STREET.
WHEREAS, the Florida Department of Transportation (FDOT) is planning to construct
improvements on State Road (SR) A1A/Indian Creek Drive from 42nd Street to 44th Street and
on SR A1A/Collins Avenue/Indian Creek Drive along 43rd Street (Project); and
WHEREAS, the purpose of the Project is to improve storm water infrastructure and
traffic safety; and
WHEREAS, the Project will include modifications to the existing median on Indian Creek
Drive and the construction of storm water drainage improvements along 43`d Street which will
help alleviate flooding and enhance the City's storm water drainage system and the FDOT
storm water drainage system; and
WHEREAS, in order for FDOT to construct the necessary storm water drainage and
safety improvements as part of the Project, the relocation of existing coconut palm trees is
required; and
WHEREAS, FDOT has agreed to relocate the coconut palms to other areas within the
Project; and
WHEREAS, a Landscape and Irrigation Maintenance Memorandum of Agreement is
required in order for FDOT to perform the required tree relocations and stipulate landscape
maintenance responsibilities between the parties.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF
THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and City Commission hereby approve
and authorize the Mayor and City Clerk to execute a Landscape and Irrigation Maintenance
Memorandum of Agreement, with the Florida Department of Transportation, for the relocation of
landscape along State Road A1A/Indian Creek Drive from 42nd Street to 44th Street, as part of
the State Road A1A/ Indian Creek Drive Project, from 42nd Street to 44th Street and State Road
A1A/Collins Avenue/Indian Creek Drive Project along 43rd Street.
010/3- ASlAM
PASSED AND ADOPTED this 8th day of May, 2013.
ATTEST:
err(Tra ow6r,TA ay or
Rafael ranadp, Clerk
-A�tor Date :INCORP ORATED:
............
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FLORIDA DEPARTMENT OF TRANSPORTATION
LANDSCAPE AND IRRIGATION
MAINTENANCE MEMORANDUM OF AGREEMENT
WITH THE
CITY OF MIAMI BEACH
This AGREEMENT, entered into on AJ A 20L3 by and
between the STATE OF FLORIDA DEPARTMENT O TRANSPORTATION, an
agency of the State of Florida, her456inafter called the
DEPARTMENT, and the CITY OF MIAMI BEACH, 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 (S. R. )
AlA/Indian Creek Drive from 44th Street (M. P. 0 . 000) to 415`
Street (M. P. 0 . 198) , which is located within the limits of
the CITY; and
B. There have been beautification improvements installed on
S .R. AiA/Indian Creek from 44th Street to 41St Street, the
limits of which are described in the attached Exhibit 'A'
(the PROJECT LIMITS) , which by reference shall become a
part of this AGREEMENT; and
C. The DEPARTMENT will be relocating the previously installed
landscape and irrigation systems in accordance with the
design plans for Contract # T-6322, (the "Project") ; and
D. The PARTIES to this AGREEMENT mutually recognize the need
for entering into an agreement designating and setting
forth the responsibilities of each party with regards to
the maintenance of the existing landscaping and irrigation
systems installed pursuant to the Project; and
E. The CITY, by Resolution No.- 013-1,B210, dated -, 9 ,
attached hereto as Exhibit 'B' , which by referelhce 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:
Maintenance tvtemorandum of Agreement between Florida Department of Transportation and City of Miami Beach
Page i of 11
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 pertaining to the landscaping and
irrigation systems within the PROJECT LIMITS to the CITY in
perpetuity upon the DEPARTMENT' s release of its contractor
from f,,,)-rthare :.warranty work and responsibility, as set forth
in Section 530 - 5 of the DEPARTMENT' s Standard Specification
for Road and Bridge Construction,
3. CITY' S MAINTENANCE RESPONSIBILITIES
The CITY shall maintain the landscape and irrigation: 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 irrigation in
accordance with the International Society of Arboriculture
standards, guidelines, and procedures, as may be amended
from time to time, and in accordance with the standards set
forth in the Project Plans, and in the Project
Specifications and Special Provisions. The CITY' S
maintenance obligations shall include but not be limited
to:
a . Mowing, cutting and/or trimming and edging the grass
and turf.
b. Pruning all plant materials, which include trees,
shrubs and ground covers, and parts thereof.
C. Properly remove all flowers and remove all fronds
(leaves) , which droop below a perpendicular angle to a
tree trunk, from the Cocos nucifera trees (Coconut
Palms) that overhand any travel lanes, sidewalks,
parking areas, or any other areas where pedestrians or
vehicular activites may conflict with production 'of
Maintenance Memorandum of Agreement between Florida Depamnent of Transportation and City of Miami Beach
Page 2 of 11
fruit (coconuts) or dropping fronds.
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 . Performing routine and regular inspection of the
irrigation system(s) to assure that the systems are
fully functional; identifying damage and/or
malfunctions to the system(s) ; repairing and/or
replacing broken or missing irrigation equipment; and
adjusting spray heads to eliminate overspray of water
onto paved areas .
i . Paying all for water use and all costs associated
therewith.
j . Removing and disposing of litter from roadside and
median strips in accordance with all applicable
government rules, regulations, policies, procedures,
guidelines, and manuals, as amended from time to time.
k. Removing and disposing of all trimmings, roots,
branches, litter, and any other debris resulting from
the activities described by 2 .A through 2. I .
1 . Maintaining a service log of all maintenance
operations that sets forth the date of the maintenance
activity, the location that was maintained, and the
Maintenance Memorandum of Agreement between Florida Department of Transportation and City of Miami Beach
Page 3 of 11
work that was performed.
M. 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.
The DEPARTMENT may, at its sole discretion, perform
periodic inspection of the landscape and irrigation 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.
4 . MAINTENANCE DEFICIENCIES
If at 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 thirty (30) 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 irrigation, 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 and irrigation located
within the PROJECT LIMITS, and charge the CITY the
Maintenance Memorandum of Agreement between Florida Department of Transportation and City of Miami Beach
Page 4 of 11
reasonable cost of such removal.
5. NOTICES
6
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
llt.n:. District Maintenance Engineer
To the CITY: City of Miami Beach
1700 Convention Center Drive
Miami Beach, Florida 33139
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.
6. REMOVAL, RELOCATION OR ADJUSTMENT OF THE LANDSCAPE AND
IRRIGATION
a. The PARTIES agree that the landscape and irrigation
addressed by this AGREEMENT may be removed, relocated
or adjusted at any time in the future, at the
DEPARTMENT' s sole discretion. In the event that the
DEPARTMENT relocates or adjusts the landscape and
irrigation, 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 thirty (30) days written notice, as specified in
Section 4 of this AGREEMENT.
Maintenance Memorandum of Agreement between Florida Department of Transportation and City of Miami Beach
Page 5 of 11
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.
8. TERMS
a . The effective date of this AGREEMENT shall commence
upon execution: by the PARTIES. This AGREEMENT shall
continue in perpetuity or until termination as set
forth in Section 7 .
b. The CITY:
i . Shall utilize the U.S Department of Homeland
Security' s . E-Verify system to verify the
employment eligibility of all new employees
hired by the CITY during the term of the
AGREEMENT; and
ii . Shall expressly require 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 of all new employees hired by the
subcontractors during the AGREEMENT term.
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
Maintcnance Memorandum of Agreement between Florida Department of Transportation and City of Miami Beach
Page 6 of 11
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.
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 modificatiun 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 .
i . The section headings contained in this AGREEMENT are
for reference purposes only and shall not affect the
meaning or interpretation hereof.
j . 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.
k. 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 .
9. INDEMNIFICATION
Subject to Section 768 . 28, Florida Statutes, as may be
amended from time to time, the CITY shall 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, costs, damages, judgments, claims,
Maintenance Memorandum of Agreement between Florida Department of Transportation and City of Miami Beach
Page 7 of 11
demands, liabilities, 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 exercise or attempted exercise of its
responsibilities as set out in this AGREEMENT, including
but not limited to, any act, action, neglect or omission by
the CITY, its officers, agents, employees or
representatives in any way pertaining to 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 directly caused or
resulting from the sole negligence of the DEPARTMENT.
The CITY':s...obligation to incic-inr..if.y, 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 shall pay all costs and fees related to this-
obligation and its enforcement by the DEPARTMENT. 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.
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 solely negligent shall excuse performance of
this provision by the CITY.
Maintenance Memorandum of Agreement between Florida Depatvnent of Transportation and City of Miami Beach
Page 8 of 1 I
IN WITNESS WHEREOF, the parties hereto have caused these
presents to be executed the day and year first above written.
CITY OF MIAMI BEACH: STATE OF FLORIDA
DEPARTMENT OF TRANSPORTATION:
BY: �1
CIT Mayor ,9 strict Director f
. . ransportation Operations
INCORP ORATED:
r —
ATTEST: 'J ' SSE
CITY Clerk xecutive Se tary
LEGAL REVIEW:
BY A) A tS" BY
�,t rne r District Chief Counsel
Maintenance Memorandum of Agreement between Floiida Department of Transportation and City of Miami Beach
Page 9 of 11
EXHIBIT 'A '
PROJECT LIMITS
Below are the limits of the landscape and irrigation to be
maintained under this AGREEMENT.
State Road Number: AlA/Indian Creek
Agreement Limits : From 44th Street (M.P. 0 .000) to
41st Street (M.P. 0 .198)
County: Miami-Dade
Maintenance Memorandum of Agreement between Florida Department of Transportation and City of Miami Beach
Page 10 of 11
EXHIBIT 'B '
CITY RESOLUTION
To be herein incorporated once ratified by the CITY
Commissioners.
Maintenance Memorandum of Agreement between Florida Department of Transportation and City of Miami Beach
Page 11 of 11
Q
4
Florida Department of Transportation
RICK SCOTT 1000 NW 1 1 1 Avenue ANANTH PRASAD,P.E.
GOVERNOR Miami, FL 33172 SECRETARY
May 29, 2013
Ms. Lilia Cardillo
City Clerk's Office
City of Miami Beach
1700 Convention Center Drive
Miami Beach, Florida 33139
Re: Maintenance Memorandum of Agreement Notice of Execution
S.R. A1A/Indian Creek Drive from 44th Street to 41St Street
Dear Ms. Cardillo,
Enclosed for the City of Miami Beach's records are two (2) original fully executed
Agreements for the aforementioned area. The Agreement was executed by the Florida
Department of Transportation (Department) on Wednesday, May 29, 2013.
Thank you on behalf of the Department for your assistance in expediting the
execution of the Agreement. If you have questions or concerns, please feel free to
contact me at 305-470-5112.
Sincerely,
Michelle Lo en Rapaport
Joint Participation Agreement Coordinator
cc:Ana Arvelo; Rudy Garcia; Brian K.Jimmerson;Alex Perez; File
www.dot.state.fl.us
COMMISSION ITEM SUMMARY
Condensed Title:
A Resolution Of The Mayor And City Commission Of The City Of Miami Beach, Florida, Approving And
Authorizing The Mayor And City Clerk To Execute A Landscape And Irrigation Maintenance Memorandum
Of Agreement, With The Florida Department Of Transportation, For The Relocation Of Landscape Along
State Road A1A/Indian Creek Drive From 42nd Street To 44th Street, As Part Of The State Road A1A/
Indian Creek Drive Project From 42nd Street To 44th Street And State Road A1A/Collins Avenue/Indian
Creek Drive Project Along 43rd Street.
Key Intended Outcome Supported:
Maintain Miami Beach public areas & rights of way Citywide
Supporting Data (Surveys, Environmental Scan, etc. :
The Customer Satisfaction Survey indicated that only 83% of residents and 81% rating landscape
maintenance in rights of way and public areas as excellent or good
Item Summary/Recommendation-
The Florida Department of Transportation (FDOT) is planning to construct improvements on State Road
(SR)A1A/Indian Creek Drive from 42nd Street to 44th Street and on SR A1A/Collins Avenue/Indian Creek
Drive along 43rd Street. The purpose of these two projects is to improve storm water infrastructure and
traffic safety. Project construction is scheduled to begin in March 2014 and be completed by December
2014. The scope of the project along Indian Creek Drive from 42nd Street to 44th Street includes milling,
resurfacing,and restriping; repairing existing sidewalks, curb and gutter; upgrading the existing pedestrian
ramps to comply with the current American with Disabilities Act(ADA) standards, installing new signage
along the corridor, and relocation of landscape features. The scope of the adjoining project along 43rd
Street includes major upgrades to the storm water system and installation of a storm water pump station
and pollution control structures at the 43rd Street street-end.-As part of the proposed improvements, FDOT
will require the relocation of eleven (11)coconut palm trees from the modified areas to other landscaped
areas within the project limits.
As part of a previous FDOT construction project on Indian Creek Drive, FDOT installed landscaping
improvements in the roadway median. Although no maintenance agreement was formally executed by the
City and FDOT at the time of landscape installation, the City of Miami Beach Parks and Green Space
Management Department has been performing scheduled maintenance activities for the landscape and
irrigation within FDOT right-of-way. In order for FDOT to include the necessary relocation of the landscape
as part of the Project, the execution of a Landscape and Irrigation Maintenance Memorandum of
Agreement with the City is required to stipulate maintenance responsibilities between the parties.
THE ADMINISTRATION RECOMMENDS ADOPTING THE RESOLUTION.
Advisory Board Recommendation:
Financial Information:
Source of Amount Account Approved
Funds:
� I 2
OBPI Total
Financial Impact Summary:
City Clerk's Office Legislative Tracking:
Richard Saltrick, Public Works X6565
Sign-Offs:
Department Director ssistant City M ager City Manag r
JJF
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MIAMIBEACH AGENDA ITEM C 7M DATE "F�
® MIAMI BEACH
City of Miami Beach, 1700 Convention Center Drive,Miami Beach,Florida 33139,www.miamibeachfl.gov
COMMISSION MEMORANDUM
TO: Mayor Matti Herrera-Bower and embers the City Commission
FROM: Jimmy L. Morales, City Manag
DATE: May 8, 2013
SUBJECT: A RESOLUTION OF THE MAYO AND CITY COMMISSION OF THE CITY OF MIAMI
BEACH, FLORIDA,APPROVING AND AUTHORIZING THE MAYOR AND CITY CLERK
TO EXECUTE A LANDSCAPE AND IRRIGATION MAINTENANCE MEMORANDUM OF
AGREEMENT,WITH THE FLORIDA DEPARTMENT OF TRANSPORTATION,FOR THE
RELOCATION OF LANDSCAPE ALONG STATE ROAD A1A/INDIAN CREEK DRIVE
FROM 42nd STREET TO 44th STREET, AS PART OF THE STATE ROAD A1A/INDIAN
CREEK DRIVE PROJECT FROM 42nd STREET TO 44th STREET AND STATE ROAD
A1A/COLLINS AVENUE/INDIAN CREEK DRIVE PROJECT ALONG 43rd STREET.
ADMINISTRATION RECOMMENDATION
The Administration recommends approving the Resolution.
BACKGROUND
The Florida Department of Transportation (FDOT) is planning to construct improvements on State
Road (SR) A1A/Indian Creek Drive from 42nd Street to 44th Street and on SR A1A/Collins
Avenue/Indian Creek Drive along 43rd Street. The purpose of these two projects is to improve storm
water infrastructure and traffic safety. Project construction is scheduled to begin in March 2014 and
be completed by December 2014. The scope of the project along Indian Creek Drive from 42nd
Street to 44th Street includes milling, resurfacing, and restriping; repairing existing sidewalks, curb
and gutter; upgrading the existing pedestrian ramps to comply with the current American with
Disabilities Act (ADA) standards, installing new signage alony the corridor, and relocation of
landscape features. The scope of the adjoining project along 43r Street includes major upgrades to
the storm water system and installation of a storm water pump station and pollution control
structures at the 43rd Street street-end. As part of the proposed improvements, FDOT will require
the relocation of eleven (11)coconut palm trees from the modified areas to other landscaped areas
within the project limits.
As part of a previous FDOT construction project on Indian Creek Drive, FDOT installed landscaping
improvements in the roadway median. Although no maintenance agreement was formally executed
by the City and FDOT at the time of landscape installation, the City of Miami Beach Parks and
Green Space Management Department has been performing scheduled maintenance activities for
the landscape and irrigation within FDOT right-of-way. In order for FDOT to include the necessary
relocation of the landscape as part of the Project, the execution of a Landscape and Irrigation
Commission Memorandum— FDOT Agreements for Indian Creek Drive from 42nd Street to 44th Street
May 8, 2013
Page 2 of 2
Maintenance Memorandum of Agreement with the City is required to stipulate maintenance
responsibilities between the parties.
ANALYSIS
Landscape and Irrigation Maintenance Memorandum of Agreement (MMOA)
The FDOT project along 43rd Street includes the construction of one(1)storm water pump station to
address the current flooding issues along 43rd Street and along Indian Creek Drive from 41St Street
to 44th Street. Via Resolution No's.!2012-28085 adopted on December 12, 2012, City Commission
approved a Perpetual Easement Agreement to allow FDOT to construct the pump station at the west
street-end of 43rd Street. Currently, there are six (6) existing coconut palms located on the west
street-end of 43rd Street which will require relocation to other locations within the project limits in
order to accommodate the proposed storm water pump station.
As part of the Indian Creek Drive project, and as a result of a recent FDOT traffic safety study,
FDOT is proposing modifications to the raised median, pavement markings, and signage at the
intersections of Indian Creek Drive and 42nd Street and Indian Creek Drive and 43rd Street. The
median modifications will serve to reduce conflict points between turning movements and improve
operational safety at these intersections. The proposed modifications to the median will require the
relocation of five (5) existing coconut palms. All coconut palm trees to be removed as part of the
project will be relocated to other locations within the project area.
FDOT requires the execution of a Landscape and Irrigation MMOA for the maintenance of the
project landscape and irrigation system. Pursuant to the Landscape and Irrigation MMOA, FDOT
will relocate the conflicting landscaping and irrigation features in order to construct the storm water
pump station, pollution control structures, and median modifications in accordance with the design
plans. Since the City is currently maintaining the landscape features along this corridor, the
execution of the Landscape and Irrigation MMOA will not result in any additional costs to the City.
CONCLUSION
The Administration believes that the proposed storm water drainage and safety enhancements to be
constructed as part of the FDOT Indian Creek Drive and 43rd Street Project are important to the
sustainability and quality-of-life of the City. The proposed storm water and safety improvements
along Indian Creek Drive and 43`d Street will require execution of a Landscape and Irrigation MMOA.
As such,the Administration recommends approving the Resolution authorizing the aforementioned
Agreement with FDOT.
Attachment:
Landscape and Irrigation Maintenance Memorandum of Agreement (MMOA)
JLM/J /JRG/JFD
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