Res No 163-15-14502RESOLUTION NO.163-15-14502
A Resolution authorizing the City Manager to execute a Maintenance Memorandum
of Agreement (MMOA)with the Florida Department of Transportation (FDOT)for
turf and landscape and irrigation.
WHEREAS,theMayorandCityCommissiondesiretoaccepttheMaintenanceMemorandum
of Agreement(MMOA)withtheFloridaDepartment of Transportation(FDOT)for turf and
maintenance,which will be utilized for South Dixie Highway (US-1)SR 5 from SW 80th Street to SW
57th Avenue.The City will be responsible to maintain the landscaping at the standards setby FDOT in
perpetuityandfailingtodoso,FDOTmayhiresomeonetomaintainthelandscapingandchargethe
Cityfor the cost thereof.
NOW,THEREFORE,BE IT RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF SOUTH MIAMI,FLORIDA THAT:
Section 1,TheCity Commission authorizes theCity Manager to execute theattached
Maintenance Memorandum of Agreement (MMOA)withthe Florida of Transportation (FDOT)for
turf and landscape maintenance.
Section 2.This resolution shall take effect immediately upon adoption.
PASSED AND ADOPTED this6th day ofOctobej2015.
ATTEST:APPROVED:
READ TO FORM,COMMISSION VOTE:4-0
Mayor Stoddard:Yea
Vice Mayor Harris:Absent
Commissioner Edmond:Yea
Commissioner Liebman:Yea
Commissioner Welsh:Yea
\
IISoutlfMiami
THE CITY OF PLEASANT LIVING
CITY OF SOUTH MIAMI
OFFICE OF THE CITY MANAGER
INTER-OFFICE MEMORANDUM
TO:
From:
Date:
Subject:
Background:
Support:
The Honorable Mayor &Members of the City Commission
Steven Alexander,City Manager
October 6,2015 Agenda Item No.3
A Resolution authorizing the City Manager to execute the
Maintenance Memorandum of Agreement (MMOA)with the Florida
Department of Transportation (FDOT)for turf and landscape and
irrigation.
The FDOT has jurisdiction over SR 5/USl from SW 57 Avenue to SW
80 Street,which is located within the limits of City of South Miami.
Per City's request,FDOT has drafted design plans for beautification,
landscaping and irrigation improvements onSR 5/USl and allocated
over $550,000 for construction of this project.
The project is described generally as turf and landscape and irrigation
which will be utilized for the maintenance of South Dixie Highway -
SR5/US1 from SW80th Street toSW57th Avenue.
TheCityof South Miamiwill take over the maintenance two years
after the completion of the project
Florida Department of Transportation Turf,Landscape and Irrigation
Maintenance Memorandum of Agreement
FLORIDA DEPARTMENT OF TRANSPORTATION
TURF,LANDSCAPE AND IRRIGATION
MAINTENANCE MEMORANDUM OF AGREEMENT
WITH THE
CITY OF SOUTH MIAMI
This AGREEMENT,enteredinto onC7U9V^4 omcT ^
between the STATE OP pthptt™t^^L'^^'•'20^-'hY andagencyofthesiteofFlor^^^T*°F TRANSP^ATION,anandtheCITYOPSOUTHMIA^I,'beX?1?Af^c*^the DEPARTMENT,of Florida,herexnX^£e'^^^^^^°f the St^etoasthePARTIES.ca±±ea the CITY,and collectively referred
RECITALS:
limits of the CITY;knd'^1S l0Cated within the
B-The DEPARTMENT,pursuant to Contract #e giia y,„„design plans for beaiiH f^^••E-6J74,has drafted
sr.f.STHIS=r-'-~~
The DEPARTMENT will inqfaii i ^systems in accordance witw*^"P"*and irrigationE-6J74 (the "ro^t";^ChS deS19n plans for c°^ract #
te en^rfng intern AGREEMEHT ™tu*"y recognize the need
the re^onlibilit^s^r^X deSi9natin3 «*setting forthmaintenanceoftheturfl^t Pa"Y ™ith re3ards to theinstaliedpursuittotheP^ecT^d irri9ation W
E'^'KUSm*-J«S f"3 ^^iS-become a part of this A^REEME^'desires te ref"e"«^allAgreementandauthorizesits^fictrs to do ^"**"^
NOW,THEREFORE for-=.«,*
benefits contained'herein and C°^lderation of the mutualneremandothergoodandvaluable
C.
D.
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
pertaining to the turf,landscaping and irrigation systems
within the PROJECT LIMITS to the CITY in perpetuity upon the
DEPARTMENT'S release of its contractor from further warranty
work and responsibility,as set forth in Section 580 of the
DEPARTMENT'S Standard Specification for Road and Bridge
Construction.
3-CITY'SMAINTENANCERESPONSIBILITIES
The CITY shall maintain the turf,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 and
Index 546 of the latest FDOT Design Standards,as may be
amended from time to time.Additionally,the CITY shall
maintain the turf,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
andground covers,andparts thereof.
c.Fertilizing,insecticide,pesticide,herbicide and
wateringwillberequiredtomaintainthecurrent
landscape and turf in a healthy and vigorous growing
condition.
d.Removing and properly disposing of dead,diseased or
Maintenance Memorandum of Agreement between Honda Department ofTransportation and City of South Miami
Page2 of 12
otherwise deteriorated plants in their entirety,and
replacingthosethatfallbelowthestandardssetforth
intheProjectPlansandintheProject Specifications,
incorporatedhereinby reference,andallapplicable
DEPARTMENT guidelines,standards and procedures,as may
be amended from time totime.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 anddisposingofall undesirable vegetation
including butnot 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 ina healthy and vigorous
growing condition.
h.Performing routine and regular inspection ofthe
irrigation system(s)to assure that the systems are
fully functional;identifying damage and/or malfunctions
tothe 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 for all 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 totime.
k.Pruning,trimming and/or edging of 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.
1.Removing and disposing ofall trimmings,roots,
branches,litter,and any other debris resulting from
the activities described by 3.a through 3.k.
m.Maintaining a service logofall maintenance operations
that sets forth the date of the maintenance activity,
Maintenance Memorandumof Agreementbetween Florida Department of Transportation andCityofSouthMiami
Page3 of 12
the location that was maintained,and the work that was
performed.
n.Submitting Lane Closure Requests to the DEPARTMENT when
maintenance activities will require the closure ofa
traffic lane in the DEPARTMENT'S right-of-way.Lane
closure requests shallbe 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,atitssole discretion,perform periodic
inspection oftheturf,landscape and irrigation to ensure
that the CITY is performing its duties pursuant tothis
AGREEMENT.The Department shallshare with the CITY its
inspection findings,andmayusethose findings asthebasis
ofits decisions regarding maintenance deficiencies,asset
forth in Section 4of this AGREEMENT.The CITY is responsible
for obtaining copiesofall 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
Ifatanytimeitshallcometotheattentionofthe
DEPARTMENT thatthe CITY'S responsibilities as established
herein arenot being properly accomplished pursuant tothe
terms of this AGREEMENT,the DEPARTMENT may,atitsoption,
issue a written notice,incareofthe CITY MANAGER,to notify
the CITY of the maintenance deficiencies.From the date of
receipt ofthe notice,the CITY shall haveaperiodof thirty
(30)calendar days,withinwhichto correct thecited
deficiency or deficiencies.Receipt isdeterminedin
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 theturf,landscape andirrigation,orapart
thereof and invoice the CITY for expenses incurred;or
b.Terminate this AGREEMENT in accordance with Section 7,
remove anyorall 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 South Miami
Page4 of 12
reasonable cost of such removal
5.NOTICES
addressed to the^t^^^ltlc^fo^s"'
To the DEPAR1MENT!„±^of t ^
1000 Northwest 111 Avenue,Room 6205
Miami,Florida 33172-5800
Attn:District Maintenance Engineer
To the CITY:city Halli 1>t ploor
6130SunsetDrive
South Miami,Florida 33143
Attention:City Manager
proof of prior tt£^^^g^Z***""^""1—
6-^?^;„.RB^"I°"*^STMKttT OP TOK »^w
Sdres^by th^G^S^6 la?dscaPe «=d irrigation
adjusted at any time^T.71 rem°Ved'reloc«ed orsolediscretionin*h.tUre'at the DEPARTMENT'S
relocates or adjusts tL J?'tbat the APARTMENT
relocation or adjustment,aT long ^t^T •tt*
remain within the Project Limits materials
7-TERMIH&TIOM
follo^^difior^"C°t""1~"««-«-V -of the
"""uti'eTunSf^I;//^^*ails ^perform itsthirty(30)JyTwrTtt °.AGREBMENT-following the4ofthisi£u£^n°tlCe'as reified in Section
b.InaccordancewithSection 287.058(1)(c),Florida
Statutes,the DEPARTMENT shallreservetherightto
unilaterally cancel this AGREEMENT ifthe CITY refuses
toallow public access toanyorall documents,papers,
letters,orother materials madeorreceivedbythe CITY
pertinent tothis AGREEMENT whicharesubjectto
provisions of Chapter 119,ofthe Florida Statutes.
c.Ifmutuallyagreedtobyboth parties,uponthirty (30)
daysadvancenotice.Anagreementto terminate shallbe
validonlyifmadeinwritingandexecutedwiththesame
formalities as this AGREEMENT.
8.TERMS
a.Theeffectivedateofthis AGREEMENT shallcommenceupon
execution by the PARTIES.This AGREEMENT shall continue
in perpetuity or until termination asset forth in
Section 7.
b.E-Verify
The CITY /Contractors or Vendors:
i.shallutilizetheU.S.Department of Homeland
Security's E-Verify system to verify the
employment eligibility of all new employees
hired bythe Vendor/Contractor during theterm
of the contract;and
ii.shall expressly require any subcontractors
performing work or providing services pursuant
to the state contract to likewise utilize the
U.S.Department of Homeland Securityf sE-
Verify system to verify the employment
eligibility ofall new employees hired by the
subcontractor during the contract term.
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
MaintenanceMemorandum of Agreementbetween Florida Department ofTransportation andCity of SouthMiami
Page6 of 12
nootheragreementsandunderstanding,oralorwritten,
withreferencetothesubjectmatterhereofthatarenot
merged herein and supersededhereby.
d.This AGREEMENT shall not be transferred or assigned,in
wholeorin part,without thepriorwrittenconsentof
the DEPARTMENT.
e.This AGREEMENT shall be governed byand constructed in
accordance withthe laws of the State of Florida.Any
provisions of this AGREEMENT found tobe unlawful or
unenforceable shall be severable and shall not affect
thevalidityofthe remaining portionsofthe AGREEMENT.
f.Venue for any and all actions arising out oforin
connection to the interpretation,validity,performance
or breach of this AGREEMENT shall lie exclusively ina
state court of proper jurisdiction inLeon 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.
i.Thesection headings contained inthis AGREEMENT arefor
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
Maintenance Memorandum ofAgreement between Florida Department ofTransportation and City ofSouth Miami
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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,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 ofits responsibilities assetout in
this AGREEMENT,including but not limited to,any act,
action,neglect or omission by theCITY,its officers,
agents,employees or representatives inany way pertaining
to this AGREEMENT,whether direct or indirect,except that
neither the CITY nor any ofits officers,agents,employees
or representatives willbe 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 toindemnify,defend and pay for the
defense of the DEPARTMENT,oratthe DEPARTMENT'S option,to
participate and associate with the DEPARTMENT inthe defense
and trial of any claim andany related settlement
negotiations,shall be triggered immediately upon the CITY'S
receiptoftheDEPARTMENT'S notice ofclaimfor
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
failureto notify theCITYofaclaimshallnotreleasethe
CITYoftheabovedutytodefendandindemnifythe
DEPARTMENT.
TheCITYshallpayallcostsandfeesrelatedtothis
obligationandits enforcement bythe DEPARTMENT.The
indemnification provisions of this section shall survive
terminationorexpirationofthis AGREEMENT,butonlywith
respect tothoseclaims that arosefromactsor circumstances
whichoccurredpriorto termination or expiration ofthis
AGREEMENT.
The CITY'S evaluation of liability orits inability to
evaluate liability shall not excuse the CITY's dutyto defend
and indemnify the DEPARTMENT under the provisions of this
section.Onlyan adjudication or judgment,after the highest
appealis exhausted,specificallyfindingtheDEPARTMENTwas
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solely negligent shall excuse performance of this provision
by the CITY.
MaintenanceMemorandum of Agreementbetween Florida Department ofTransportationandCity of SouthMiami
Page9 of 12
IN WITNESS WHEREOF,the parties hereto have caused these
presentstobeexecutedthedayandyearfirstabovewritten.
CITY OF SOUTH MIAMI:
PY Manager
STATE OF FLORIDA
DEPARTMENT OF TRAHSPORTATIOH:
^XUjJuLi^
District Director^of
Transportation Operations
ATTEST:
ExecutiW Secretary
LEGM.REVIEW:
BY:
District "Shie
EXHIBIT "A'
PROJECT LIMITS
Below arethelimitsofthe turf,landscapeandirrigationtobe
maintained under this AGREEMENT.
State Road Number:5/USl/South Dixie Highway
Agreement Limits:FromSW 57th Avenue (M.P.1.628)to
SW 80th Street (M.P.2.751)
County:Miami-Dade
MaintenanceMemorandum of Agreementbetween Florida Department ofTransportationandCity of SouthMiami
Page11 of 12
EXHIBIT lB'
CITY OF SOUTH MIAMI RESOLUTION
Tobe herein incorporated once ratified by the CITY Board of
Commissioners.
Maintenance Memorandum of Agreement between Florida Department of Transportation and City of South Miami
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