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HomeMy WebLinkAboutDOT Agreement DEPARTMENT OF TRANSPORTATION LANDSCAPE MAINTENANCE MEMORANDUM OF AGREEMENT WITH .THE CITY OF MIAMI BEACH This AGREEMENT, entered into this ~ day of ~a~~'rtment 6 , 20 06, by and between the STATE OF FLORIDA , Dep f Transportation, a component agency of the State of Florida, hereinafter called the DEPARTMENT and the CITY OF MIAMI BEACH, a municipal corporation of the State of Florida, existing under the Laws of the State of Florida, herein after called the CITY. WITNESSETH WHEREAS, as a part of the continual updating of the State of Florida Highway System, the DEPARTMENT has agreed to provide a landscaped median on Indian Creek Drive, as part of Financial Project Number 249940-1-52-01, on that part of the State Highway System described by Exhibit "A", which by reference he reto shall become a part hereof, within the corporate limits of the CITY; and WHEREAS, the CITY and the DEPARTMENT mutually recognize that the maintenance of landscaping on the State Highway System affected by the said project would be more effectively and efficiently performed by the CITY; and WHEREAS, the CITY and the DEPARTMENT hereto are of the opinion that the median and roadside areas shall be improved and attractively landscaped with various flora on SR A1A (Indian Creek Drive) between 350 feet south of SR 907 6~d Street (Alton Road) and just north of Abbot Avenue; and WHEREAS, the purpose of this Agreement is to convey the landscape maintenance responsibility to the CITY for part icular limits as defined in this Agreement; and wherea~he DEPARTMENT has designed landscaping improvements to the median and roadside areas under Financial Project Number 249940 -1-52-01. As part of these improvements, and at the request of the CITY, landscaping and an INDIAN CRK AT 63RD ]~.NDSCAPE MMOA-AGRMT ]. irrigation system will be installed by the Department, at its sole cost and expense, at those locations; and W~EREAS, 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. ~00~--~[g-O dated~~[ ~,~, attached hereto as Attachment "C", which by reference hereto s~all become a part hereof, desires to enter into this AGREEMENT and authorizes its officers to do so. NOW THEREFOR~ for and in consideration of the mutual benefits to flow each to the other, the parties covenant and agree as follows: 1. CITY'S MAINTENANCE RESPONSIBILITY The CITY shall be responsible for the maintenance of all landscaped and/or turfed areas within the DEPARTMENT'S right- of-way having the limits and scope defined in Exhibit "A". The CITY shall be responsible for performing the work described below with a minimum frequency of twelve (12) times per year: 1.1. 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" 1.2. Properly prune all plants which include plant and tree trimmings in accordance with the latest edition of the ,,Maintenance Rating Program". Pruning such parts thereof which may present a visual or other safety hazard for those using or intending to use the right-of-way. 1.3. To keep plants as free as possible from disease and harmful insects. 1.4. Remove and dispose dead, diseased or otherwise deteriorated plants. 1.5. Keep litter removed from roadside and median strips. INDIAN CRK AT 63KD LANDSCAPE MMOA-AGRMT 2 1.6. Remove and dispose of all trimmings, roots, branches, litter, etc., resulting from the activities described by (1.1) through (1.4) inclusively as described above. 1.7. To maintain, repair and operate the new irrigation system properly and pay for the associated cost of its operation and maintenance. 2 AMENDMENTS This AGREEMENT may be amended in writing ifmutually agree~ to by both parties. 3. NATURAL DISASTERS The CITY shall not be responsible for the clean-up, removal and disposal of debris from the DEPARTMENT'S right of way having limits described by EXHIBIT "A", or subsequent amended limits mutually agreedto in writing by both parties following a natural disaster (i.e. hurricane, tornados, etc.). 4. MAINTENANCE DEFICIENCIES If, at any time while the terms of this AGREEMENT are in effect, it shall come to the attention of the DISTRICT MAINTENANCE ENGINEER that t he CITY'S responsibility as established herein or a part thereof is not being properly accomplished pursuant to the terms of this AGREEMENT, said DISTRICT MAINTENANCE ENGINEER may at his option issue a written notice in care of theCITY MANAGER to place s~id CITY on notice thereof. Thereafter the CITY shall have a period of thirty (30) calendar days within which to correct the cited deficiency or deficiencies. If said deficiencies are not corrected within this time period the DEPARTMENT may at its option, proceed as follows: a) Perform the maintenance of the landscaping with the Department and/or independent contractor's material, equipment and personnel and charge the reasonable cost of such work to the City, or b) Terminate this agreement in accordancewith Item Seven (7) of the AGREEMENT INDIAN CRK AT 63RD LANDSCAPE MMOA-AGRMT 3 5. NOTICES Ail 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 registered mail or certified U.S. mail, return receipt requested, postage prepaid, addressed to the party to receive such notices as follows: To DEPARTMENT: Florida Department of Transportation 1000 Northwest Illth Avenue, Room 6214 Miami, Florida 33172-5800 Attention: District Maintenance Engineer To CITY: City of MIAMI BEACH 1700 Convention Center Drive MIAMI BEACH, Florida 33139 Attention: Director of Public Works. 6. LANDSCAPE MODIFICATION 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 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. The Department agrees to notify the City in the event alterations will be made so as to allow the continued ability of the City to perform its maintenance responsibilities under this Agreement. 7. TERMINATION This AGREEMENT or part thereof is subject to termination under any one of the following conditions: 7.1. In the event the DEPARTMENT exercises the option identified by Item Four (4) of this AGREEMENT. 7.2. As mutually agreed to by both parties in writing. 7.3. 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, INDIAJq CRK AT 63RD LANDSCAPE A4I~OA-AGPdVrr. DOC 4 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. 8. TERMS 8.1. The terms of this AGREEMENT shall only commence when the DEPARTMENT issues the CITY the Notice To Proceed Letter. The DEPARTMENT authorizes the CITY to act as its agent with respect to recovery of damage and plant material loss to automobile accidents. 9. ATTAC}~4ENT ~A" AMENDMENT It is further understood that Attachment "A" may be amended or changed at any time, as mutually agreed to in writing by both parties. 10. ADDITIONAL LANDSCAPING The CITY may construct additional landscaping within the limits of the right-of-ways identified as a result of this document, subject to the following conditions: 10.1. Plans for any new landscaping shall be subject to approval by the DEPARTMENT. The CITY shall not change or deviate from said plans without written approval by the DEPARTMENT. 10.2. Ail landscaping shall be developed and implemented in accordance with appropriate state safety and road design standards; 10.3. Ail requirements and terms established by this AGREEMENT shall also apply to any additional landscaping installed under this item; 10.4. The CITY agrees to complete, execute and comply with the requirements of the DEPARTMENT'S standard permit provided as Attachment "B" (not to actual size) to this AGREEMENT with by reference hereto shall be a part of hereof; INDIAN CRK AT 63RD LANDSCAPE MMOA-AGRMT.DOC 5 10.5. In the event that additional landscaping is added to the area and the AGREEMENT is terminated as established under Item Seven (7), the CITY agrees to accept full responsibility for all maintenance to the added landscaping at no cost to the DEPARTMENT 11. This writing embodies the entire AGREEMENT and understanding between the parties hereto and there are not other agreements and understanding, oral or written reference to the subject matter hereof that are not merged herein and superseded hereby. 12. This AGREEMENT is nontransferable and nonassignable in whole or in part without consent of the DEPARTMENT. 13. This AGREEMENT, regardless of where executed shall be governed by, and constructed according to the laws of the State of Florida. [ND[AN CRK AT 63RD LANDSCAPE MA4OA-AGR2~T 6 IN WITNESS WHEREOF the parties hereto have caused these presents to be executed the day and year first above written. LANDSCAPING MAINTENANCE AGREEMENT WiTH THE CITY OF MIAMI BEACH. STATE OF FLORIDA CITY OF MIAMI BEACH DEPARTMENT OF TRANSPORTATION ~ic ~~~Cretary y a Dis' ~Idrge M. Gonzalez +~,z .Cit~. Clerk (Seal) ExecutiVe Secret~y Rob~r~ ~Par c. iher;' APPROVED AS TO LEGAL FORM: District General Counsel APPROVED AS TO FORM & LANGUAGE & FOR EXECUTION A TTA CHMENT "A" SCOPE OF SERVICE The DEPARTMENT plans to reconstruct Indian Creek Drive from 63 Street to Abbott Avenue, removal of the 63 Street Flyover and the Rehabilitation of the 63 Street Drawbridge. The project includes new at-grade intersection, new roadway lighting, new drainage structures, new signing and pavement markings, landscaping, and an update of all signalized intersections. The rehabilitation of the bridge will include new handrail, restoration and concrete repairs, new structural steel for the bascule leaf, and more reliable electrical systems, control systems and machinery system. As part of the above-described project, the DEPARTMENT has agreed to install landscaping and irrigation in the median and roadside areas within the project limits below described: PROJECT LIMITS: Indian Creek from 350 feet south of W. 63 Street (MP 2.730) to just north of Abbott Avenue (MP 3.302). The total length of the project is 0.6 miles. FDOT Financial Project ID: 249940-1-52-01 COUNTY: Miami-Dade DEPARTMENT Project Manager: Dennis Fernandez CITY Project Manager: INDIAN CRK AT 63RD LANDSCAPE MMOA-AGRMTDOC 8 ATTACHMENT STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION SPECIAL PERMIT District Six 6/9s DATE: PERMIT NO.: SECTION NO: STATE ROAD NO.: COUNTY: MILEPOST FROM: TO: STATE PROJECT NO. : (if applicable) RECORD NO.: APPLICANT: ADDRESS: CITY: STATE: ZIP CODE: TELEPHONE NO.: Applicant requests permission from the State of Florida Department of Transportation, hereinafter called the Department, to construct, operate, and maintain the facility shown in the accompanying engineering as described here: Location of Construction, Street Name, and Nearest Interseution: 1. Is the proposed work within the corporate limits of a municipality: Yes ( ) No ( ) Name of municipality: Local Government Contact: 2. Prior to filing this application, the location of all existing utilities, both aerial and underground, has been ascertained, and the accurate locations are shown on the drawings (as applicable). A letter of notification was mailed on _ to the following utilities/municipalities: 3. It is expressly stipulated that this permit is a license for permissive use only and that the construction within and/or upon public property pursuant to this permit shall not operate to create or vest any property right in said holder. 4. Whenever it is determined by the Department that it is necessary for the construction, repair, improvement, maintenance, safe and/or efficient operation, alteration, or relocation of any or all portion of said highway and/or transportation facility; the Permittee shall immediately remove any and all installed facilities from said highway and/or transportation facility, or reset or relocate thereon as required by the Department at the Permittee's expense. 5. All work shall meet Department's Roadway and Traffic Design Standards, Specifications for Road and Bridge Construction, and other applicable criteria in effect at the time of permit issuance. The work shall be performed under the inspection supervision of , Permit/Maintenance Engineer located at , Telephone No. . This designated engineer shall be notified forty-eight (48) hours prior to the pre-construction meeting and again in~nediately before commencement of work. All material and equipment shall be subject to inspection by the designated engineer or his authorized representative. 6. Ail Department property shall be restored to its original condition as far as practical in keeping with Department Specifications, and in a manner satisfactory to the Department, within thirty (30) days of the installation of the permitted work, unless otherwise approved by the Department. 7. A drawing covering details of this work shall be made a part of this permit. This drawing shall include plan, profile, and cross sections as appropriate, and may be required to bear the seal of a professional engineer licensed in the State of Florida. As built drawings are required: Yes ( ) NO ( ) 8. The Permittee shall commence actual construction in good faith within days from the date of said permit approval and shall compete construction within days from the commencement of work unless the permittee shows good cause for delay and the Department approves an extension. No extension INDIAN CRK AT 63RD LANDSCAPE MMOA-AGRMT.DOC 9 beyond one (1) year from the date of issuance of this permit will be granted. 9. This construction and maintenance shall not interfere with the property and rights of a prior Permittee. 10. Special Conditions and Instructions by the Department: 11. It is understood and agreed that the rights and privileges herein set out are 9ranted only to the exte~ of the State's right, title, and interest in the land to be entered upon and used by the Permittee, his heirs, assigns, and successors in interest, and the Permittee will, at all times, assume all risk of and indemnify, defend, and save harmless the State of Florida and the Department from and against any and all loss, damage, cost, or expense arising in any manner on account of the exercise or attempted exercise by said Permittee of the aforesaid rights and privileges. 12. During construction through Department acceptance of the permitted work, all safety regulations of the Department shall be observed and the holder must take measures, including placement and display of safety devices, that may be necessary in order to safely conduct the public through the project area in accordance with the Department's current edition of the Roadway and Traffic Design Standards, Index Series 600, and the Manual of Uniform Traffic Control Devices. 13. In case of non-compliance with the Department's requirements in effect as of the approved date of this permit, this permit is void and the work will be brought into compliance or removed from the right-of-way at no cost to the Department. Submitted and Agreed to by: Corporate Seal Signature of Permittee Name and Title (typed) Attested Recommended for approval: Title: Date: Approved by: Date: District Permit Engineer or Authorized Representative ~NDIAN CRK AT 63RD LANDSCAPE N~4OA-AGRB4T.DOC 10 A TTA CHMEIVT "C" ATTACH CITY RESOLUTION T:~AGENDA~006\feb0806\consent~lndian Crk at 63rd Landscape MMOA-Agrmt.doc INDIAN CRK AT 638/) LANDSCAPE MMOA-AGRMT.DOC ~ ~ RESOLUTION NO. 2006-26120 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE THE ATTACHED LANDSCAPE MAINTENANCE MEMORANDUM OF AGREEMENT (MMOA), BETWEEN THE FLORIDA DEPARTMENT OF TRANSPORTATION (FDOT) AND THE CITY, CONVEYING FULL LANDSCAPE MAINTENANCE RESPONSIBILITIES TO THE CITY, AFTER FDOT INSTALLS THE CITY-REQUESTED LANDSCAPED MEDIAN AND ROADSIDE AREAS ON INDIAN CREEK DRIVE, FROM 350 FEET SOUTH OF 63R~ STREET TO JUST NORTH OF ABBOTT AVENUE, AS PART OF FDOT FINANCIAL PROJECT NUMBER 249940-i-52-01. WHEREAS, the City of Miami Beach requested that the Florida Department of Transportation (FDOT) install landscaping on the new median and roadside areas of Indian Creek Drive, in connection with the FDOT proposed at-grade replacement of the 63"d Street Flyover; and WHEREAS, the landscaped median and roadside areas have been included in the FDOT plans for the Indian Creek Ddve Resurfacing Project (the Project), known as Financial Project Number 249940-1-52-01; and WHEREAS, the Project limits are from 350 feet south of 63'~ Street to just north of Abbott Avenue, for a total Project length of 0.6 mile; and WHEREAS, the City is required to enter into a Landscape Maintenance Memorandum of Agreement with FD©T, which conveys full landscape maintenance responsibilities to the City, after the Project is installed by FDOT; and WHEREAS, the City has already entered into similar MMOAs for previous FDOT right-of-way projects in Miami Beach, which also included landscaping. 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 authorize the Mayor and City Clerk to execute the attached Landscape Maintenance Memorandum of Agreement (MMOA) between the Florida Department of Transportation (FDOT) and the City, conveying full landscape maintenance responsibilities to the City, after FDOT installs the City-requested landscaped median and roadside areas on Indian Creek Drive, from 350 feet south of 63"~ Street to just north of Abbott Avenue, as part of FDOT Financial Project Number 249940-1-52-01. PASSED AND ADOPTED this the 8ch d~, 2006. ATTEST: CITY CLERK ~,..~, ~,,,~uK FORM & LANGUAGE Robert Percher avid Dermer T:~AGENDA~006\feb0806Aconsent\lndian Crk at 63rd Landscape MMOA-Reso.doc ~, FOR F..,X~ON