Joint Project Agreement - FDOT~o~~ a ~ ~ 7 9
CONTRACT # AP 735
JOINT PROJECT AGREEMENT
BETWEEN
THE FLORIDA DEPARTMENT OF TRANSPORTATION
AND
CITY OF MIAMI BEACH
TURF AND LANDSCAPE MAINTENANCE
This Agreement is made and entered into this /~' day of ~/s~..l~r-, 2008, by
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 municipal corporation of the State of Florida, existing underthe
Laws 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 Attachment "A",
which by reference hereto shall become a part hereof, within the corporate limits of the
CITY; and
WHEREAS, the hereto is of the opinion that said median strips and roadside areas
shall be attractively landscaped with various flora; 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 CITY, by Resolution No. 2008-26879
dated_ Sept. 10, 2008 .attached hereto as Attachment "B", which by reference hereto
shall become 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:
1. CITY'S MAINTENANCE RESPONSIBILITIES
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 described by
Attachment "A". The CITY shall be responsible for performing the work described
below with a minimum frequency of twelve (12) times per year:
Contract :Yteuber: :IP .'3i
l~inanciul Prr~erf :cumber: _'S3fi361;"R01
Pa@c I oC I l
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. Remove and dispose of dead, diseased or otherwise deteriorated plants.
1.4. Keep litter removed from roadside areas and median strips.
1.5. Remove and dispose of alf trimmings, roots, branches, litter, etc., resulting
from the activities described by (1.1) through (1.4) inclusively as described
above.
1.6 All work by the CITY pursuant to (1.1) through (1.5) above on the
Department's right of way (having the limits described by Attachment "A")
shall be executed on the roadway under a traffic control plan in accordance
with DEPARTMENT'S latest edition of the "FDOT Design Standards'.
2. WORK SCHEDULE
The CITY shall submit a schedule to the DEPARTMENT containing the dates
when the CITY is planning to perform the mowing work. In addition, before the
CITY starts the work, the DEPARTMENT shall be notified via fax of the state
road(s) and day(s) in which the CITY will be working. The fax shall be sent to the
attention of the "South Dade Maintenance Engineer", at FAX # (305) 256-6304
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 Attachment "A",
following a natural disaster (i.e. hurricane, tornados, etc.). However, the cost of any
cycle or part thereof that could be impaired by any such event may be deducted
from the DEPARTMENT'S affected quarterly payment to the CITY.
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
responsibilities, as established herein or a part thereof, are not being properly
accomplished pursuant to the terms of this Agreement, said DISTRICT
Con!ruef A'un+h,•r:.iY ' 3 i
F6:msria'' Prujee! •ti'umber: ? i iIIFG: ?KNi
Pag:2ol II
MAINTENANCE ENGINEER may, at his option, issue a written notice in care of the
CITY MANAGER, to place said 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:
4.1. Maintain the median or roadside area(s) declared deficient with
DEPARTMENT and/or a Contractor's material, equipment and personnel.
The actual cost for such work will be deducted from the DEPARTMENT'S
affected quarterly payment to the CITY; or
4.2. Terminate this Agreement.
5. NOTICES
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 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 111th Avenue, Room 6205-8
Miami, Florida 33172-5800
Attention: District Maintenance Engineer
To CITY: CITY OF MIAMI BEACH
2100 Washington Avenue
Miami Beach, Florida 33139
Attn: CITY MANAGER
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.
7. FINANCIAL PROVISIONS
7.1 The total maximum appropriation of this Agreement is ONE HUNDRED FIFTY
THOUSAND DOLLARSAND ZERO CENTS ($150;000.00) peryear. Eligible project
costs may not exceed this amount. The CITY shall submit quarterly invoices for
DEPARTMENT review, approval, and payment in accordance with the terms of this
Agreement. Quarterly lump sum payments will be made upon invoice approval in
Cann~ncr A4onher~: ,IP'3)
firurci:d Projzc!,Yionher ,S.iOfi'(i.'A!i.'
Page ~ of I I
the total amount of THIRTY SEVEN THOUSAND FIVE HUNDRED DOLLARS AND
ZERO CENTS (37, 500.00).This Agreement is a reimbursement contract. No
advance funding payments are authorized herein.
7.2 The DEPARTMENT agrees to pay the CITY for the herein described
services at a compensation as detailed in this Agreement.
7.3 Bills for fees or other compensation for services or expenses shall be
submitted in detail sufficient for a proper pre-audit and post-audit thereof.
7.4 Travel costs will not be reimbursed.
7.5 Records of costs incurred under the terms of this Agreement shall be
maintained and made available upon request to the DEPARTMENT at all times
during the period of this Agreement and for five (5) years after final payment is
made. Copies of these documents and records shall be furnished to the
DEPARTMENT upon request. Records of costs incurred include the CITY'S
general accounting records and the project records, together with supporting
documents and records, of the contractor and all subcontractors performing work
on the project. and all other records of the Contractor and subcontractors
considered necessary by the DEPARTMENT for a proper audit of costs.
7.6 In the event this Agreement is for services in excess of $25,000.00 and a
term for a period of more than 1 year, the provisions of Section 339.135(6)(a):
F.S., are hereby incorporated:
"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 from the Comptroller of the Department
that such 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 1 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
$25,000.00 and which have a term for a period of more than 1 year."
7.7 The DEPARTMENT'S obligation to pay is contingent upon an annual
appropriation by the Florida Legislature.
8. PAYMENT ADJUSTMENT
In the event temporary work by the DEPARTMENT'S forces or by other Contractors
temporarily prevent the CITY from performing the work described in this Agreement,
the DEPARTMENT shall deduct from the affected quarterly lump sum payments}
Cnnb'sU h'omh;~r~ dF Z3
Fi+rancinl Fru; ec; \~un: A.~ri?05Gi?b1i1
Page 4 of I I
the acreage of the affected area and only compensate the CITY for the actual work
it performs.
The DEPARTMENT shall initiate this procedure only if the temporary work
described in this section is for a period of one (1) month or longer. Adjustment to
the CITY'S payment shall also be done as noted in Section Three (3). In the event
this Agreement is terminated as established by Section Nine (9) herein, no payment
will be prorated for the quarter in which termination occurs for the work that has
been completed.
9. TERMINATIQN
This Agreement, or part thereof, is subject to termination under any one of the
following conditions:
9.1. In the event the DEPARTMENT exercises the option identified by Section
Four (4) of this Agreement.
9.2. As mutually agreed to by both parties.
9.3. 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,
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.
10. TERMS
10.1. The term of this Agreement shall only commence when the DEPARTMENT
issues the CITY the Notice to Proceed Letter.
10.2. In accordance with Section 287.058(1)(e), Florida Statutes, this Agreement
is for a term of one (1) year beginning on the date stated in the Notice to
Proceed.
10.3. In accordance with Section 287.0582, Florida Statutes, the DEPARTMENT
shall only appropriate the annual amount of ONE HUNDRED FIFTY
THOUSAND DOLLARS AND ZERO CENTS ($150,000.00) per year at the
beginning of each DEPARTMENT Fiscal Year (July 1'~).
10.4 This Agreement shall commence on October 18`", 2008, and end on October
171h, 2009.
10.5 In accordance with Section 287.058(1)(f), Florida Statutes, this Agreement
may be renewed on a yearly basis for a maximum of two (2) years after the initial
term for a period no longer than the term of the original contract, whichever period is
Cannzra .Vun:hrr.: (Y '?
!'mmrcio?Yrnj'"err:\<w;hrr: ':j/lkF.''8Ui
Yagc) ut i
longer, only if mutually agreed to in writing by the DEPARTMENT and the CITY,
subject to the same terms and conditions set forth in this Agreement. Said renewals
shall be contingent upon both satisfactory CITY performance evaluations by the
DEPARTMENT and the availability of future funding.
11. ATTACHMENT "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. Payment as specified in Item
Seven (7) above shall reflect such amendment or change.
12. TIME EXTENSION
In accordance with Section 287.012(14), Florida Statutes, this Agreement may be
extended if mutually agreed to in writing by both parties, for a period not to exceed
six (6) months and shall be subject to the same terms and conditions set forth in this
Agreement; provided the DEPARTMENT may, in its discretion, grant a proportional
increase in the total dollar amount based on the method and rate established
herein. There shall be only one extension of this Agreement.
13. ADDITIONAL LANDSCAPING
The CITY may construct additional landscaping within the limits of the right-of-way
identified as a result of this Agreement, subject to the following conditions:
13.1. Plans for any new landscaping shall be subject to approval by the
DEPARTMENT. The CITY shall not change or deviate from said plans
without the prior written approval of the DEPARTMENT.
13.2. All landscaping shall be developed and implemented in accordance with
appropriate state safety and road design standards;
13.3. All requirements and terms established by this Agreement shall also
apply to any additional landscaping installed under this item;
13.4. The CITY agrees to complete, execute and comply with the
requirements of the DEPARTMENT'S standard permit provided as
Attachment "C" (not to actual size) to this Agreement, which by reference
hereto shall become a part hereof.
13.5. No change will be made in the payment terms established under Section
Seven (7) of this Agreement due to any increase in cost to the CITY
resulting from the installation and maintenance of landscaping added under
this item;
Conrrmr ~Yunrbec~ AP ?35
1"1 ~nnc:ui Prgjec/:\~r:n:Ber. 'S.30Rh!'d'irf
1'~gc ti i>f I I
13.6. In the event this Agreement is terminated as established under Section (g)
herein, the CITY agrees to accept full responsibility for all maintenance
activities within the entire area(s) defined by the plans and permits
established as a result of this Section. The CITY shall provide this
maintenance at no cost to the DEPARTMENT.
14. This writing embodies the entire Agreement and understanding between the parties
hereto and there are not other agreements and understanding, oral or written, with
reference to the subject matter hereof that are not merged herein and superseded
hereby.
15. This Agreement is nontransferable and non-assignable in whole or in part without
consent of the DEPARTMENT.
16. This Agreement, regardless of where executed, shall be governed by and
constructed in accordance with the Taws of the State of Florida.
- REMAINDER OF PAGE INTENTIONALLY LEFT BLANK -
Cu:urucLM1'rrmbar: ,IP'??
F:nnrci,~i Pryjec/.4'ureA<,° _'.i3G~G!?SPi
Pave ? of l I
tN WITNESS WHEREOF, the parties hereto have caused these presents to be
executed the day and year first above written.
CITY OF MIAMI BEACH FLORIDA STATE OF FLORIDA
DEPARTMENT OF TRANSPORTATION
~ ~1
~ - r %~ ,~
BY' ~ .~'lf~l,~/ BY:
MAYO i tric Secretary
ATTEST: ti(,~~ dl,'1~~U-~ ATTEST: ~Q~-crx_~-'7' xrJ
CITY Clerk (Seal) Execut e Secretary f~
LEGAL REVIEW:
BY: G-~.~~~ \A~~i-
District General Coun el
APPROVED AS TO
FORM & LANGUAGE
t~ FOR EXECUTION
i
~ ~~ i d :L7 DY
-City mey pate
C'ornac! ~unlher .iP '3:
Finanrlu.! Prorccr N;mlher: 25?O:SGl i801
Pagr S of 1 I
ATTACHMFIVT "A"
Ls. o.•; `_s _hc sT.a.e rca:^:, the 1 `.rci-s, icn~th and acreae ct the
ur;_~; tp be rr,a::taineq ..^y t e ^i-}~ of tit: ~ni Nea ~ under Lhis
AGREEMENT .
I _ - -I
STATE STREET L NE GTH ACREAGE
~RD. NO NAME FROM TO (MILES) (MEDIANS)
SR-112 Julia Tuttle East side of Alton Road 2.36 32.03
ausewa Intracoastal
(I-1~5) C y
~ Waterway ~ J
Cun:rucf .l9rmhrr: dP?ii
F n;arfri~:l Project ,ti'nmhar: 'S3gN5f?Kb!
1'agc 9 0l I I
ATTACHMENT "B"
ATTACH CITY RESOLUTION
Cwrnma tv5rn!ber :1N'.t.5
Fin<mcmi Yroirrt F!tmner 2530?t6!?h~ l
Pvrc Ill of 11
RESOLUTION NO. 2008-26£i79
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 MEMORANDUM OF AGREEMENT (MOA), WITH
THE FLORIDA DEPARTMENT OF TRANSPORTATION (FDOT) FOR THE TURF
AND LANDSCAPE MAINTENANCE SERVICES ON {-195 (JULIA TUTTLE
CAUSEWAY), FROM THE EAST SIDE OF THE INTRACOASTAL BRIDGE TO
ALTON ROAD, AT THE ANNUAL COST OF S150,000, TO BE PAID TO THE
CITY OF MIAMI BEACH BY THE FLORIDA DEPARTMENT OF
TRANSPORTATION; SAID AGREEMENT COMMENCING ON OCTOBER 16,
2008 , AND CONCLUDING ON OCTOBER 17, 2009 , WITH AN OPTION TO
RENEW FOR TWO YEARS, ON A YEAR-TO-YEAR BASIS.
WHEREAS, In July of 1994, the Mayor and City Commission approved a Memorandum of
Agreement with the Florida Department of Transportation (FDOT) to provide for the maintenance of
landscaping along the Julia Tuttle Causeway; specifically from the east end of the westernmost
bridge, to Alton Road; and
WHEREAS, this Agreement has been renewed annually since that time; and
WHEREAS, the current Agreement for the Julia Tuttle Causeway expires on
October 15, 2008; and
WHEREAS, the FDOT has expressed a desire to enter into a new Memorandum of
Agreement (MOA) for a one year period. commencing on October 16, 2008, and concluding on
October 17. 2009: and
WHEREAS, the MOA may be renewed for two additional years, on a year to year basis, if
mutually agreed upon in writing by FDOT and the City: and
WHEREAS, under the terms of the MOA, the City will receive the sum of $150.000 a year,
payable in the amount of $37.500 quarterly; and
WHEREAS, the annual compensation from FDOT is to pay for the cost of the labor and
plant material replacement, as well as the time required for supervision.
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 the attached Memorandum of Agreement (MOA) with
the Florida Department of Transportation (FDOT), for the turf and landscape maintenance services
on I-195 (Julia Tuttle Causeway), from the east end of the westernmost bridge, to Alton Road, at an
annual cost of $150,000. to be paid to the City by FDOT; said Agreement commencing on October
16, 2008, and concluding on October 17, 2009, with an option to renew for two years, on a year to
year basis.
PASSED and ADOPTED this 10th day of September, 2008.
A' YO
A EST. Mani Herrera Y,owcr
j, G APPROVED A$ Tp
Q FORM 8, LANGUAGE
CITY CLERK Robert Parciter a FC~"EXECUTION
TiWGENDA12008'.September 10k^.onsen8FD0?_?uttie Agm:_R=sa.doc
y ' ~ ~-J Z:Y Jo.Y
i , l~l~
ATTACHMENT "C"
STATE OF FLORIDA
DEPARTMENT OF TRANSPORTATION
SPECIAL PERMIT
Dish::. Su
w•YfrJ
DATE: PER)AT nO_ _
SECTION n0' STATE ROAD nG.:
COUNT`!: __ hrILFPOST FRGM- Tb.
STATE PROJECT NO.: _ : I apptlcabls; RE(:ORD VO.: -
APPLICANT: -
ADDRESS: -
CITV- _ STATE: _ _ ZIP COCP. -_
TE_EPHONE NO.'
Applicant rtx)ua+LS permissan 19m :ne State of Fiorid4 Du;>,:tmenAlTrensprra[an. rarainallc' called :he OeDarna:ul, to ~'struc. oDamtn; a^a naintan
dra 'aaiiry shown in f^a acwrcpaup^g eng,needng as described here: _
LCGa.1p1101 CABS:NCl00, S:R:P.t Name, dnG NUUm3t In1er58cla0: -
s tna oropnwd work within c:e.:orpcraie IimiU of a n.nilipsiiq•: '!c=; i j No i i
Name ur nwnitlpal :y: _ _ Local Ge'+wunren: Con:atc
1. Pdur to ol.ny PS apo:"dirn,t•e lowtie-ola'. exisarg,tilties, bslh ae'a. and undsrgroJUd.nas:aen ascud4ined. and the ao:maW b.:i:a:lss9
s:+aan nn the drramgs (as aDVliuable;.. A le:br nt netrf;a:ion wus mailed on :c :he fd wring
Uflll[85fmJ0i0ip0lilb^:: -
A.
9.
W.
1 t. II s u^cers:ccc anJ ,xreed :haahe dgh L•: and pnv. ages hen: ^ ;e: w: a'e grdn:ed ~' j• ;o the exlc"I of :he State s right, it u, snd interest in C:e
I4ra la D8 aft6~ 4v Jltfn ar,d U60d Cy the PefttACBB. his hclR:, .ii5lgaa. and 5.:%:CS:bf3la .'1095'.. 4:x11r.e Pellllld00 vdll. UI :+II bttas, d55.mC a
osk of and rodemn:Y/, eatsx. and s.we hartntess the SLte of F orida an:1 :be Cepartm6~'.'. Iron and against any anc a'.'~ Icss, aarcaga, +ws:. or
a+rys-sa arising m any rc.anm;r on aaou-: of Mo cxemce or at'.empkxl exerciv_• by said Pmndree of :he aln9sain dgns a-c c'~•ilccea.
1Z. Daring c:xstrdCic' tnrou!p+ L'epartnant ac:x:>:ance M lra porn ]ca work. all Sala rr u:yula:ions of the Duparn•.ent shall bn ooseved and iha
holds' must take measuns. ~^.c..amg placumum and displayot s~lr,:y devkes.lhal m:rv:,a neoassary^:' wler a safaycongJC.:he a.aliC.hro.gh
lhu protect area in a6uplaance'oi:h Me. Dcparment s o.-9n1 I;dClan of tra Rsudvre: snd Tragic Dnsi:m Sta'card@, Index Series 6=0. and the
Ni ~nuat of Unifnrm Tm'f.: COM-a :•::::•`%
^3. :n rase of ncn-cornpha-x witn the Du{:a^.men; s rep. uolrenis in elect a5 a I^a sppro•.ad d'Jlo ol:hi5 permit, lr s fn:':'I : is VGC and P:ewndcvnll
nu broaght into wmp anon u remoeed Mom Me dg`f~u•~aaq at na cost lobe Departmere.
SucnLdae anc Ayroud to by: _ Coryr, ate Seal
Sig•aNre u' Pcnr.iltee
narca a^a Tite ;:iFadl Alluearl
Rstcrronendec'ar apprtr:ag Title: _ Gala:
App'oNec bp: _ - - Data _
Uls:ncl P6'mi: ^lyineer a Authndmd Rexe60rkntir.:
Crrr:OVrcv ASonher..dP ?35
h7nnrci:r1 ProJs'U:VumAec ?i 3US51 i.4(I?
Pape 1 I of I I