96-21921 RESO
RESOLUTION No.
96-21921
A RESOLUTION OF THE MAYOR AND THE CITY COMMISSION OF THE CITY
OF MIAMI BEACH, FLORIDA AUTHORIZING THE MAYOR AND CITY CLERK
TO EXECUTE THE FIRST ONE (1) YEAR RENEWAL OPTION OF THE
HIGHWAY LANDSCAPING MAINTENANCE AGREEMENT WITH THE FLORIDA
DEPARTMENT OF TRANSPORTATION (FDOT) FOR THAT PORTION OF STATE
ROAD AlA COMMONLY REFERRED TO AS THE MACARTHUR CAUSEWAY AND,
SPECIFICALLY, FROM THE EAST END OF WATSON ISLAND TO THE WEST
END OF EAST CHANNEL BRIDGE, AND PROVIDING FOR AN ANNUAL
COMPENSATION OF $150,000 TO BE PAID BY THE FDOT TO THE CITY.
WHEREAS, the Florida Department Of Transportation has landscaped the areas
between the east end of Watson Island to 5th Street; and
WHEREAS, the FDOT has agreed to compensate the City $37,500 per quarter,
for a total of $150,000 per year, for the cost of the City maintaining said
landscaping, pursuant to the existing Highway Landscaping Memorandum of Agreement
(Agreement); and
WHEREAS, the Agreement expires on March 31, 1996; and
WHEREAS, the Agreement contains two one year renewal options; and
WHEREAS, upon execution of the first one year renewal option, the FDOT will
compensate the City $37,500 per quarter, for a total of $150,000 per year, for
the maintenance of the landscaping pursuant to the Agreement.
NOW THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA, that the Mayor and the City Commission hereby
authorize the Mayor and City Clerk to execute the first one (1) year renewal
option of the current Highway Landscaping Maintenance Agreement with the Florida
Department of Transportation (FDOT) for that portion of State Road AlA commonly
referred to as the MacArthur Causeway and, specifically, from the east end of
Watson Island to the west end of East Channel Bridge, with an annual compensation
of $150,000 to be paid by the FDOT to the City.
PASSED AND ADOPTED THIS
20th
day of
ATTEST:
R.~;~ f~
CITY CLERK
KM/RA
March
, 1996.
MAYOR
I-",r"f; npp~'.".
UI\iU :-\. -r~U.
LEGAL DEPT.
By /tt1 ~
D2~e 3-J3~"!~
CITY OF
MIAMI
BEACH
CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH FLORIDA 33139
COMMISSION MEMORANDUM NO. \ l.\:> ...qL,
TO:
Mayor Seymour Gelber and
Members of the City Commission
DATE:
March 20, 1996
FROM:
Jose Garcia_pedrosa;j
City Manager ,
RESOLtJ'l':ION AtJ'l' R:IZ:ING A ONE YEAR RENEWAL QPT:ION OF THE ctrRRENT
MEMORJUilDUM OF AGREEMEN'l' WI:TH THE FLOR:IDA DEPARTMENT OF
TRANSPORTAT:ION (FDOT) FOR THE MA:IN'l'ENANCE OF THE LANDSCAP:ING FOR
STATE ROAD AlA (MAC ARTHUR CAUSEWAY) FROM THE EAST END OF WATSON
:ISLAND TO THE WEST END OF EAST CHANNEL BR:IDGE FOR AN AmroAL
COMPENSATXON OF $150,000 PAXD BY FDOT TO THE CITY OF MXAMX BEACH.
SUBJECT:
ADMXNJ:STRATXON RECOMMENDATXON:
It is recommended that the Mayor and City commission adopt the attached
Resolution authorizing the extension of the current Memorandum of Agreement with
the Florida Department of Transportation (FDOT) for the landscape maintenance of
the Mac Arthur Causeway.
BACKGROUND:
On July 13, 1994 the City approved a Memorandum of Agreement with FDOT to provide
for maintenance of landscaping along the Mac Arthur Causeway from the east end
of Watson Island to 5th Street. In accordance with this agreement, FDOT pays to
the City $150,000 annually for landscape maintenance of the area. The current
agreement expires on March 31, 1996 and contains two one.year renewal options.
ANALYS:IS:
In order to take advantage of continued FDOT funding and control of the
maintenance in this area, the City must exercise the first renewal option which
is for the one year period beginning on April 1, 1996 and ending on March 31,
1997.
CONCLUSXON:
It is recommended that the City commission adopt the attached resolution
authorizing renewal of the agreement with FDOT in order to provide for continued
maintenance of the landscaping on the Mac Arthur Causeway.
MDB/KS/KM
attachment
F: \RCPA \$ALL\ERStlLA \MAl:LDSFD. COM
AGENDA ITEM
C-l1
3--ZD-'1~
DATE
STATE OF FLORIDA DEPARTMENT OF TRANSPORT A TION
MAINTENANCE CONTRACT RENEWAL
FORM 375-020-23
MAINTENANCE
OGC - 11194
Contract No.:
State Job No(s).:
WPI No(s).:
County(ies):
Renewal:
B-9558
87906-9402
6640414
Dade
First [XJ
Second 0
f:1t
This Agreement made and entered into this 29 day of MA-1eU4 , 19 7 ~ , by and between the State of
Florida Department of Transportation, hereinafter called "Department", and City of Miami Beach of 1700 Convention Center Drive
hereinafter called "Contractor".
WITNESSETH:
WHEREAS, the Department and the Contractor heretofore on March 27. 1995 entered into an Agreement whereby the
Department retained the Contractor to perform Landscape Maintenance Services on the SR AlA. MacArthur Causeway; and
WHEREAS, said Agreement has a renewal option which provides for a renewal if mutually agreed to by both parties and
subject to the same terms and conditions of the original Agreement;
NOW, THEREFORE, this Agreement witnesseth that for and in consideration of the mutual benefits to flow each to the
other, the parties agree to a renewal of said original Agreement dated March 27. 1995 for a period of one year beginning the 1M day
of April, 192Q and ending the 3.lM day of March, 1991. at an annual cost of $150.000.00 specified herein. All terms and conditions
of said original Agreement shall remain in force and effect for this renewal.
IN WITNESS WHEREOF, the parties have executed this Agreement by their duly authorized officers on the day, month, and
year set forth above.
STATE OF FLORIDA
DEPARTMENT OF TRANSPORTATION
By:
(SEAL)
By, ~11~
C tomey
..
LAWTOI'l CnILt:S
GOVt:Rl'IOR
"i5i.. DEPARTMENT OF TRANSPORTATION
. Bt:1'l G. WATTS
SECRf:YARY
--
-
District Six Maintenance Office
1000 N.W. 111th Avenue, Room # 6214
Miami, Florida 33172
Telephone No. (305) 470-5434
irDl_UL~ U W ~ @/
,;]: MAR '81 1~'
L MIAMI BEACH J
RECREATION CULTURE & PARKS
February 21, 1996
Mr. Kevin Smith
Director of Recreation, Culture and Parks Department
City of Miami Beach
1700 Convention Center Drive
Miami Beach, Florida 33139
RE: LANDSCAPING AGREEMENT RENEWAL # 1
Contract No.: B-9558
WP Item No.: 6640414
Project No.: 87906-9402
County : Dade
Dear Mr. Smith:
As you are aware the existing Landscaping Agreement between the City of Miami Beach and the
Florida Department of Transportation expires on March 31, 1996. This Agreement is for a period
of one year with the option to renew it for two additional years if mutually agreed to by both parties.
The Department desires to exercise the First renewal option of this Agreement.
If the City of Miami Beach desires to renew this Agreement then the enclosed four (4) original
"Maintenance Contract Renewal" forms need to be executed. Please execute and return to me to the
address noted above by March 15,1996. This will give me ample time to have the four renewal
forms executed by the Department and consequently there will be no interruption of services. I
would also like to remind you that the Department does not require a new City Resolution for this
renewal.
J.:\RECYCLED
WPAPER
Contract No.: B-9558
Mr. Kevin Smith
February 21, 1996
Page 2
I thank you for your cooperation and assistance in executing and returning the renewal forms to me
by the date noted above. If you have any questions concerning the renewal process, please call me
at the telephone nwnber noted above.
Sincerely,
/5 - ~ //
_~?'~'X/J?~U~"/'
Arnie Fernandez, Jr. '
Assistant Contract Maintenance Administrator
AF:af
cc: Jorge Fernandez, File
Enclosures
. '
HIGHWAY LANDSCAPING
MEMORANDUM OF AGREEMENT
AeiS AGREEMENT, entered into this Z'1 t:h day of MA~CIl- ,
/ 1rs ~, by the and between the STATE OF FLORIDA, DEPARTMENT OF
TRANSPORTATION, a component agency of the State of Florida,
hereinafter called the DEPARTMENT, and the CITY OF MIAMI BEACH, a
political subdivision of the State of Florida, hereinafter called
the CITY.
WITNESSETH
WHEREAS, as a part of the continual updating of the State of
Florida Highway System, the DEPARTMENT for the purpose of safety
has created roadside areas and median strips on that part of the
State Highway System described by Exhibit "A", which by reference
hereto, shall become a part hereof, within the corporate limits of
the CITY; and
WHEREAS, the CITY is of the opinion that said median strips and
roadside areas shall be attractively landscaped with various flora;
and
WHEREAS, the parties hereto recognizes the need for entering
into an agreement designating and setting forth the responsibility
of the parties; and
WHEREAS, the CITY, by Resolution No. 94-21209
dated July 13, 1994. ,attached hereto as Attachment "A",
by reference hereto shall become a part hereof, desires to
into this Agreement and authorizes its officers to do so.
,
which
enter
NOW THEREFORE, for and in consideration of the mutual benefits
to flow each to. the other, the party covenants and agrees as
follows:
1. The CITY shall be responsible for maintenance, of all
landscaped and/or sodded areas within the DEPARTMENT
right-of-ways shown within Exhibit "A".
1
The DEPARTMENT agrees to pay to the CITY quarterly (each
three month period following a Notice to Proceed)
compensation for the cost of maintenance, as described in
Item (1) A through (1) E of this Agreement. The lump sum
payment will be in the amount of $37,500.00 dollars per
quarter for a total sum of $150,000.00 dollars per year.
It is the DEPARTMENT I S responsibility for the total
annual cost. For the purpose of this Agreement, or as
noted in Exhibit "A", the maintenance to be provided by
the CITY is defined as follows:
A. To mow, cut and edge the grass or turf in
accordance with the state of Florida "Guide for
Roadside Mowing"(199l) and Maintenance Conditions
standards;
B. To properly prune all plants which includes:
(1) Tree trimming in accordance with Maintenance
Conditions Standards;
(2) Pruning such parts thereof which may present a
visual or other safety hazard for those using
or intending to use the right-of-way;
C. To remove dead, diseased or otherwise deteriorated
plants;
D.
To keep litter removed
accordance with the
Standards;
from roads ide
Maintenance
areas in
Condition
E. To remove and dispose of all trimmings, roots,
litter, etc. resulting from the activities by A
through D inclusively as described above.
2. The CITY shall be responsible for clean-up, removal and
disposal of debris from DEPARTMENT'S right of way, having
limits as described by Exhibit "A", or subsequently
amended limits mutually agreed to in writing by both
parties, following a natural disaster (i.e. hurricanes,
tornadoes, etc.).
3. 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 the CITY'S responsibility as
established herein is not being properly accomplished
pursuant to the terms of this Agreement, said DISTRICT
MAINTENANCE ENGINEER shall issue a written notice in care
of the OFFICE OF THE CITY MANAGER (Attn.: Roger Carlton) ,
City of Miami Beach, City Hall, 1700 Convention Center
Drive, Miami Beach, FL 33139, to place the CITY on notice
2
thereof. Thereafter the CITY shall have a period of
thirty (30) calendar days from receipt within which to
correct the cited deficiency or deficiencies.
If said deficiencies are not corrected within this time
period the DEPARTMENT will maintain the roadside area
declared deficient and the actual cost for such work will
be billed to the city.
4. 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.
5. This Agreement or part thereof is subject to termination
under the following conditions:
A. As mutually agreed to by all parties with a thirty
(30) day written notice;
B. By the DEPARTMENT, if the CITY fails to correct the
cited deficiency or deficiencies within the time
allowed, as set forth in Paragraph 3 above;
C.
By the DEPARTMENT, in whole or in part at any
the interest of the DEPARTMENT requires
termination, but in no event without less than
thirty days written notice.
time
such
(30)
6. The CITY, and the DEPARTMENT each bind themselves and
their successors to the obligations respectively assumed
by each hereunder.
Neither party shall assign, subject or transfer its
interests under this Agreement without the prior written
consent of the other.
7. The CITY may construct additional landscaping within the
limits of the right-of-ways identified as a result of
this Agreement, subject to the following conditions:
A. Plans for any new landscaping shall be subject to
permit approval by the DEPARTMENT. The CITY shall
not change or deviate from said plans without
written approval by the DEPARTMENT;
B. All landscaping shall be developed and implemented
in accordance with appropriate state landscaping,
safety and road design standards;
3
C. All requirements and terms' established by this
Agreement shall also apply to any additional
landscaping installed under this item;
D. The CITY agrees to complete, execute and comply
with the requirements of the DEPARTMENT'S standard
permit provide as Attachment "B" to this Agreement
which by reference hereto shall be part of hereof;
E. In the event this Agreement is terminated as
established under Paragraph 5 herein, the City
agrees to accept full responsibility for all
maintenance within the entire area (s) defined by
plans and permits defined and established as a
result of this Agreement. The CITY shall provide
this maintenance at no cost to the DEPARTMENT.
8. The CITY desires to enter into this Agreement only if in
so doing the CITY can place a limit on the City's
liability for any cause of action or money damages due to
an alleged breach by the CITY of this Agreement, so that
its liability for any such breach never exceeds the
project cost, or $150,000. Accordingly, and
notwi thstanding any other term or condition of this
Agreement, the DEPARTMENT hereby agrees that the CITY
shall not be liable to the DEPARTMENT for damages in an
amount in excess of the project cost, or $150,000, for
any action or claim for breach of contract arising out of
the performance or non-performance of any obI igations
imposed upon the CITY by this Agreement. Nothing
contained in this Paragraph or elsewhere in this
Agreement is in any way intended to be a waiver of the
limitation placed upon CITY's liability as set forth in
Florida statutes, Section 768.28.
9. 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.
10. This Agreement, regardless of where executed shall be
governed by, and constructed according to the laws of the
State of Florida.
4
IN WITNESS WHEREOF the parties hereto have caused these presents to
be executed the day and year first above written.
BY
ATTEST:
AS TO FORM:
ATTEST:
~1-~
C TY CLERK (CITY SEAL)
STATE OF FLORIDA
F TRANSPORTATION
BY:
FORM
L
By
Date
5
RESOLUTION NO.
94-21209
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY
OF MIAMI BEACH AUTHORIZI~G THE MAYOR AND CITY CLERK TO
EXECUTE A HIGHWAY LANDSCAPING MAINTENANCE AGREEMENT WITH
THE FLORIDA DEPARTMENT OF TRANSPORTATION (FOOT) FOR THAT
PORTION OF STATE ROAD AlA COMMONLY REFERRED TO AS THE
MACARTHUR CAUSEWAY AND, SPECIFICALLY, FROM THE EAST END
OF WATSON ISLAND TO THE WEST END OF EAST CHANNEL BRIDGE,
WITH AN ANNUAL COMPENSATION OF $150.000 TO BE PAID BY THE
FOOT TO THE CITY.
WHEREAS, many roadside areas and median strips abutting
Florida Department of Transportation (FOOT) right-of-way areas must
be maintained and attractively landscaped; and
WHEREAS, the FOOT has landscaped the areas between the east
end of Watson Island to 5th street; and
WHEREAS, the FOOT has agreed to compensate the City $37,500
per quarter, for a total of $150,000 per year, for the cost of the
city maintaining said landscaping, pursuant to the attached Highway
Landscaping Memorandum of Agreement.
NOW THEREFORE, BE IT DULY 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 a
Highway Landscaping Maintenance Agreement with the Florida
Department of Transportation (FOOT) for that portion of state Road
AlA commonly referred to as the MacArthur Causeway and,
specifically, from the east end of Watson Island to the west end of
East Channel Bridge, with an annual compensation of $150,000 to be
paid by the FDOT to the city.
PASSED and AOOPTED this 13th
day of
By
~TL~.l 'G-~
CITY CLERK
I
Date