2005-021
RESOLUTION NO. 2005-21
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
AVENTURA, FLORIDA AUTHORIZING THE CITY MANAGER TO
EXECUTE THE ATTACHED MEMORANDUM OF AGREEMENT FOR
LANDSCAPE MAINTENANCE ON THE WILLIAM LEHMAN CAUSEWAY
FROM EAST COUNTRY CLUB DRIVE TO A POINT WEST OF WEST
COUNTRY CLUB DRIVE BETWEEN THE CITY OF AVENTURA AND THE
FLORIDA DEPARTMENT OF TRANSPORTATION; AUTHORIZING THE
CITY MANAGER TO TAKE NECESSARY AND EXPEDIENT ACTION TO
CARRY OUT THE AIMS OF THIS RESOLUTION; AND PROVIDING FOR
AN EFFECTIVE DATE.
WHEREAS, the City will construct Landscape Improvements within the Florida
Department of Transportation's William Lehman Causeway right-of-way; and
WHEREAS, the Florida Department of Transportation requires the City to enter
into a Maintenance Memorandum of Agreement to allow for continued maintenance of
Landscape Improvements to occur and a construction permit to be issued.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF AVENTURA, FLORIDA, THAT:
Section 1. The City Manager is hereby authorized to execute the attached
Memorandum of Agreement by and between the City of Aventura and the Florida
Department of Transportation for the City of Aventura to provide landscape maintenance
services on the William Lehman Causeway for the Florida Department of Transportation.
Section 2. The City Manager is hereby authorized to do all things necessary to
carry out the aims of this Resolution.
Section 3. This Resolution shall become effective immediately upon its adoption.
The foregoing resolution was offered by Commissioner Diamond, who moved its
adoption. The motion was seconded by Commissioner Joel and upon being put to a vote;
the vote was as follows:
Commissioner Bob Diamond
Commissioner Harry Holzberg
Commissioner Billy Joel
Commissioner Michael Stern
Commissioner Luz Urbáez Weinberg
Vice Mayor Zev Auerbach
Mayor Susan Gottlieb
yes
yes
yes
yes
yes
yes
yes
Resolution No. 2005- 21
Page 2 -
PASSED AND ADOPTED this 3rd day of May, 20 5.
APPROVED AS TO LEGAL SUFFICIENCY:
~EY~
SECTION NO.:
FM NO.(s):
COUNTY:
S.R.
87210
25024425801
Miami-Dade
856
DISTRICT SIX (6)
MAINTENANCE MEMORANDUM OF AGREEMENT
THIS AGREEMENT, made and entered into this - day of 2005, by
and between the STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION, a
component agency ofthe State of Florida, hereinafter called the DEPARTMENT and the CITY OF
A VENTURA a political subdivision of the State of Florida, existing under the Laws of Florida,
hereinafter called the AGENCY.
W ITNE S SE TH:
WHEREAS, the DEPARTMENT has jurisdiction over State Road 856 as part of the State
Highway System; and
WHEREAS, as part of the continual updating of the State of Florida Highway System, the
DEPARTMENT, for the purposes of safety, protection of the investment and other reasons, has
constructed and does maintain a four (4) lane highway facility as described in Exhibit A, attached
hereto and incorporated by reference herein, within the corporate limits of the AGENCY; and
WHEREAS, the AGENCY is of the opinion that said highway facilities that contain
landscape swales and areas outside of the travel way to the right of way line, including asphalt bike-
pedestrian path, shall be maintained by periodic trimming, cutting, mowing, fertilizing, litter pick-up,
necessary replanting, irrigation repairs, and bike-pedestrian path repair as needed; and
WHEREAS, the parties hereto mutually recognize the need for entering into an Agreement
designating and setting forth the responsibilities of each party; and
WHEREAS, the AGENCY, by Resolution No. dated .
2005, attached hereto and by this reference made a part hereof, desires to enter into this Agreement
and authorizes its officers to do so;
NOW, THEREFORE, for and in consideration of the mutual benefits to flow each to the
other, the parties covenant and agree as follows:
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1.
The AGENCY hereby agrees to install or cause to be installed landscape, irrigation, and
restoration of existing pedestrian-bike path as required on the highway facilities as specified in
plans and specifications incorporated herein as Exhibit B, with if any, the following exceptions
and conditions:
(a) The current Florida of Department of Transportation Design Standard Index 546 must be
adhered to,
(b) Clear zoneJhorizontal clearance as specified in the Plans Preparation Manual - English
Volume I, Chapter 2 must be adhered to,
(c) Landscape shall not obstruct roadside signs or permitted outdoor advertising signs,
(d) Ifirrigation is to be installed, the DEPARTMENT shall be provided accurate as built
plans of the system so ifin the future there is a need for the DEPARTMENT to perform
work in the area, the system can be accommodated as much as possible,
(e) Ifit becomes necessary to provide utilities to the swale or side areas (water/electricity) it
shall be the AGENCY'S responsibility to obtain a permit for such work through the local
maintenance office,
(t) During the installation of the project and future maintenance operations, maintenance of
traffic shall be in accordance with the current edition of the MUTCD and the current
Department Design Standards (series 600),
(g) The AGENCY shall provide the local maintenance office located at
1773 NE 205th Street, North Miami Beach, FL 33179(305-654-7163) a twenty-four (24)
hour telephone number and the name of a responsible person that the DEPARTMENT
may contact,
(h) Ifthere is a need to restrict the normal flow of traffic it shall be done on off-peak hours (9
AM to 3 PM), and the party performing such work shall give notice to the local law
enforcement agency within whose jurisdiction such road is located prior to commencing
work on the project. The DEPARTMENT's Public Information Office shall also be
notified,
(i) The AGENCY shall be responsible to clear all utilities within the project limits,
(j) The AGENCY shall notify the local maintenance office forty-eight (48) hours prior to the
start of the project.
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2.
The AGENCY agrees to maintain the landscapelhardscape and irrigation within the swales
and areas outside the travel way to the right of way line, by periodic trimming, cutting,
mowing, bike-pedestrian path edging, fertilizing, irrigation repairs, litter pickup and necessary
replanting as needed following the DEPARTMENT'S landscape safety and plant care
guidelines. Hardscape shall mean any non-standard roadway, sidewalk or median surface such
as interlocking pavers, asphalt, stamped asphalt and stamped concrete.
The AGENCY'S responsibility for maintenance shall include all landscape/turfed areas and
areas covered with asphalt or similar type surfacing (hardscape) within the swales and areas
outside the travel way to the right of way line, including bike-pedestrian path or replacements
as needed. Such maintenance to be provided by the AGENCY is specifically set out as
follows:
To maintain, which means the proper watering and fertilization of all plants and keeping them
as free as practicable from disease and harmful insects; to properly mulch the plant beds; to
keep the premises free of weeds; to mow and/or cut the grass to a proper length; to properly
prune all plants which includes (1) removing dead or diseased parts of plants, or (2) pruning
such parts thereof which present a visual safety hazard for those using the roadway. To
maintain also means removing or replacing dead or diseased plants in their entirety, or
removing or replacing those that fall below original project standards. All plants removed for
whatever reason shall be replaced by plants of the same size and grade as specified in the
original plans and specifications. To maintain also means to keep the hardscape areas free
from weeds and replacement of any areas becoming in disrepair so as to cause a safety hazard.
To maintain also means to keep litter removed from the median and areas outside the travel
way to the right of way line. To maintain also means to keep the bike-pedestrian path in
optimum condition. Plants shall be those items, which would be scientifically classified as
plants and include but are not limited to trees, grass, or shrubs.
The above named functions to be performed by the AGENCY shall be subject to periodic
inspections by the DEPARTMENT. Such inspection findings will be shared with the
AGENCY and shall be the basis of all decisions regarding, repayment, reworking or
Agreement termination. The AGENCY shall not change or deviate from said plans without
written approval of the DEPARTMENT.
3.
If at any time after the AGENCY has undertaken the landscape installation and/or
maintenance responsibility above-mentioned, it shall come to the attention of the
DEPARTMENT's District Secretary that the limits or a part thereof is not properly
maintained pursuant to the terms of this Agreement, said District Secretary may at his option
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issue a written notice that a deficiency or deficiencies exist(s), by sending a certified letter to
the AGENCY, to place said AGENCY on notice thereof. Thereafter the AGENCY shall
have a period of thirty (30) calendar days within which to correct the cited deficiencies. If
said deficiencies are not corrected within this time period, the DEPARTMENT may at its
option, proceed as follows:
(a)
Maintain the landscape or a part thereof, with DEPARTMENT or contractor's
personnel and invoice the AGENCY for expenses incurred, or
(b)
Terminate the Agreement in accordance with Paragraph 6 of this Agreement and
remove, by DEPARTMENT or contractor's personnel, all of the
landscapelirrigationlhardscape installed under this Agreement or any preceding
agreements except as to trees and palms and charge the AGENCY the reasonable
cost of such removal.
4.
It is understood between the parties hereto that the landscapeJhardscape covered by this
Agreement may be removed, relocated or adjusted at any time in the future as determined to
be necessary by the Department in order that the adjacent state road be widened, altered or
otherwise changed to meet with future criteria or planning of the Department. The
A GEN CY shall be given sixty (60) calendar days notice to remove said landscapelhardscape
after which time the Department may remove same.
5.
The AGENCY agrees to perform the final inspection and provide written certification that all
safety requirements have been met and for acceptance of the Project.
6.
This Agreement may be terminated under anyone (1) ofthe following conditions:
(a)
By the DEPARTMENT, if the AGENCY fails to perform its duties under Paragraph
3, following ten (10) days written notice.
(b)
By the DEPARTMENT, for refusal by the AGENCY to allow public access to all
documents, papers, letters, or other material subject to the provisions of Chapter 119,
Florida Statutes, and made or received by the AGENCY in conjunction with this
Agreement.
7.
The term of this Agreement commences upon execution.
8.
This Agreement may be amended if mutually agreed to by both parties in writing.
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9.
10.
To the extent permitted by law, the AGENCY shall indemnify and hold harmless the
DEPARTMENT, its officers and employees ITom all suits, actions, claims and liability arising
out of the AGENCY'S negligent peIformance of the work under this Agreement, or due to
the failure of the AGENCY to maintain the Project in conformance with the standards
described in Sections 1 and 2 of this Agreement.
The AGENCY may construct additional landscape within the limits of the rights-of-ways
identified as a result of this document, subject to the following conditions:
(a)
Plans for any new landscape shall be subject to approval by the DEPARTMENT.
The AGENCY shall not change or deviate ITom said plans without written approval
by the DEPARTMENT.
(b)
All landscape and irrigation shall be developed and implemented in accordance with
appropriate state safety and road design standards;
(c)
The AGENCY agrees to comply with the requirements of this Agreement with regard
to any additional landscape installed at no cost to the DEPARTMENT.
11.
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.
12.
The DEPARTMENT, during any fiscal year, shall not expend money, incur any liability, or
enter into any contract which, by its terms, involves the expenditure of money in excess of the
amounts budgeted as available for expenditure during such fiscal year. Any contract, verbal
or written, made in violation of this subsection is null and void, and no money may be paid on
such contract. The DEPARTMENT shall require a statement ITom the Comptroller of the
DEPARTMENT that funds are available prior to entering into any such contract or other
binding commitment of funds. Nothing herein contained shall prevent the making of contracts
for periods exceeding one year, but any contract so made shall be executory only for the value
of the services to be rendered or agreed to be paid for in succeeding fiscal years; and this
paragraph shall be incorporated verbatim in all contracts of the Department which are for an
amount in excess of TWENTY FIVE THOUSAND DOLLARS ($25,000.00) and which have
a term for a period of more than one year.
13.
The DEPARTMENT'S District Secretary shall decide all questions, difficulties and disputes
of any nature whatsoever that may arise under or by reason of this Agreement, the
prosecution or fulfillment of the service hereunder and the character, quality, amount and
value thereof; and his decision upon all claims, questions and disputes shall be final and
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5
conclusive upon the parties hereto.
14.
This Agreement may not be assigned or transferred by the AGENCY in whole or part
without the consent of the DEPARTMENT.
15.
This Agreement shall be governed by and construed in accordance with the laws of the State
of Florida. In the event of a conflict between any portion of the contract and Florida law, the
laws of Florida shall prevail.
16.
Any and all notices given or required under this Agreement shall be in writing and either
personally delivered with receipt acknowledgement or sent by certified mail, return receipt
requested. All notices shall be sent to the following addresses:
if to the DEPARTMENT:
if to the AGENCY:
Florida Department of Transportation
District Six
1000 NW 111 Avenue
Miami, FL 3 3 1 72
Attention Craig James, RLA
FDOT Dist. 6 Landscape Architect
City of Aventura
19200 West Country Club Drive
Aventura, FL 33180
Attention:
Robert M. Sherman
Director of Community Services
City of Aventura
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IN WITNESS WHEREOF, the parties hereto have executed this Agreement effective
the day and year first above written.
AGENCY
STATE OF FLORIDA
DEPARTMENT OF TRANSPORTATION
By:
By:
City Manager
District Secretary
Attest: (SEAL) Attest: (SEAL)
City Clerk Executive Secretary
Approval as to Form Date Approval as to Form Date
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7
SECTION NO.:
87210
EXHIBIT A
FM NO.(s):
COUNTY:
S.R.
PROJECT LOCATION:
State Road 856 fÌ'om Biscayne Boulevard to East Country Club Drive
L\My Documents\W,," Bound Causeway Landscape Impcov"",,nc;\Maint,nanœ M'murandum ofAgreem,ntdoc
25024425801
Miami-Dade
856
8
EXHIBIT B
SECTION NO.:
FM NO.(s):
COUNTY:
S.R.
87210
25024425801
Miami-Dade
856
See attached plans prepared by O'Leary Design Associates, P.A. dated 2-28-05
UMy Docum,uts\W,," Bound Causeway Land.<eap' Improv<m,nC;\Maint<nauœ Momorandum of Agreement.doc
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