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Agreement• CONTRACT # AQ 105 JOINT PROJECT AGREEMENT BETWEEN • THE' FLORIDA DEPARTMENT OF TRANSPORTATION AND • CITY OF M1AM1 BEACH TURF AND LANDSCAPE MAINTENANCE This Agreement is made and entered into this day of ~(,~pbe,/ , 2010, 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 under the e Laws of the State of Florida, hereinafter called the CITY. WITNESSETH: i. 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 grid 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. 2.Otp-• 2~~l-~5 dated ~5 2C~t0 ,attached hereto as Attachment "B", which by reference hereto shall bec~ art hereof, desires to enter into this Agreement and authorizes its officers to do so. .' NOW, THEREFORE, for and inconsideration 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-wayhaving 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 Number: AQ 105 Financial Project Number: 25308727801 Page 1 of 10 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 all 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. 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 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 Contract Number.••AQ 105 Financial Project Number: 25308727801 Page 2 of 10 j, ~ ~, 1 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 deficiencie's 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-B Miami, Florida 33172-5800 Attention: District Maintenance Engineer To CITY: CITY OF MIAMI B-EACH 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. ffNANCIAL PROVISIONS 7.1 The total-maximum appropriation of this Agreement is ONE HUNDRED FIFTY THOUSAND DOLLARS AND 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 Contract Number: AQ 105 Financial Project Number: 25308727801 Page 3 of 10 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 contractor 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 payment(s) Contract Number.• AQ 101 Financial Project Number:25308727801 Page 4 of 10 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. TERMINATION This Agreement, or part thereof, is subject to termination under any one of the following conditions: 9.1. In the eventthe 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 1St) 10.4 This Agreement shall commence on November 1, 2010, and end on October 31, 2011. 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 Contract Number.• AQ 105 • Financial Project Number: 25308727801 Page 5 of 10 longer, only if mutually agreed to in writing by the DEPARTMENT and the CITY, subject to the same terms and conditions set forth i,n 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 bofih 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; Contract Number: AQ 105.. Financial Project Number: 25308727801 Page 6 of 10 13.6. In the event this Agreement is terminated as established under Section (9) herein, the CITY agrees to accept full responsibility for ail 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 laws of the State of Florida. -REMAINDER OF PAGE INTENTIONALLY LEFT BLANK - 1 Contract Number.• AQ 105 Financial Project Number: 25308727801 Page 7 of 10 IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed the day and year first above written. CITY OF MIAMI BEACH BY: MAYO FLORIDA ST E OF FLORIDA DEPARTME OF TRANSPORT ION District S ~~~ ATTEST: CITY Clerk (Seal) ATTES E e u Secretary LEGAL REVIEW: .. BY: ~ ~ District General Counse • APPROVED AS TO FORM & LANGUAGE ' '&~FnH EXECUTION ~til<~ ContracfNumber: AQ 105 Financial Project Number: 25308727801 Ity ttOrne Dat Page 8 of 10 ATTACHMENT "A " Below is the state road, the limits, length and acreage of the areas to be maintained by the City of Miami Beach under. this AGREEMENT . # ~. CITY OF MIAMI BEACH ~ _~ ~I STATE I LENGTH STREET NAME FROM TO ~ ACREAGE ~ ROAD (MILES) West side fast side of MacArthur East -395 Watson h 1.816 5.303 Causeway , Cannel Island. Bridge ~' ~ TOTAL 1.8.16 5.303 TOTAL ACREAGE: 5.303 TOTAL ANNUALMAXIMUM LIMITING AMOUNT ELIGIBLE FOR REIMBURSEMENT: $150,000.00 .Contract Number: AQ 105 Financial Project Number: 2 53 08 72 7801 1 Page 9 of ] 0 ATTACHMENT "B " - ATTACH CITY RESOLUTION Contract Number: AQ 105 Financial Project Number: 25308727801 Page 10 of 10 i RESOLUTION NOI 2010-27475 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 MEMORANDIUM OF AGREEMENT (MOA) WITH THE FLORIDA DEPARTIVIENT OF TRANSPORTATION - (FDOT) FOR, -THE TURF .AND LANDSCAPE ; MAINTENANCE SERVICES ON I-395 (MACARTHUR CAUSEWAY), FROM THE EAST SIDE OF WATSON ISLAND TO THE WEST SIDE OF THE EAST CHANNEL BRIDGE, AT AN ANNUAL COST OF $150,000 TO BE PAID. TO THE CITY BY FDOT; SAID AGREEMENT COMMENCING ON NOVEMBER 1, 2010, AND CONCLUDING ON OCTOBER 31, 2011, WITH AN OPTION TO RENEW FOR TWO ADDITIONAL 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 maintenance of landscaping along the MacArthur Causeway; specifically, from the east end of Watson Island to the westernmost edge of Alton Road; and WHEREAS., this Agreement has been renewed annually since that-time; and . WHEREAS, the current Agreement for the MacArthur Causeway expires on October 31, 2010; and , WHEREAS, the FDOT has expressed a desire to enter into a new Memorandum of - Agreement (MOA) for a one year period, .commencing on November 1, 2010, and concluding on October 31, 2011: and . WHEREAS, the MOA maybe 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 $450,000 a _ year, payable in the amount of .$37,500 quarterly; and WHEREAS, the annual compensation from FDOT of $ 150,000 pays for the total cost of the MOA, labor and plant material replacement; as well as the time required for ..supervision of the project; and WHEREAS, the Parks and Recreation .Department employs a Contract Manager who is responsible to monitor the work of the contractor on a regular basis to ensure specifications are complied with, and the landscape materials are properly maintained. ' NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION _ OF THE CITY OF MIAMI BEACH, FLORIDA, that the- Mayor and City Commission here by 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-395 (MacArthur Causeway), from the east side. of Watson Island to the western edge of Alton Road, at an annual cost of $150,000, to be paid , to the City by FDOT; said Agreement commencing on November 01, 201.0, and concluding on October 31, 20:11, with an option to renew for two years, on a year 'to year basis. PASSED ,and ADOPTED this 15th day of September, 2010. ~ . - MAY R ' A EST: ~° _ CITY CLERK T:\AGENDA\2010\September 151ConsentlFDOT_Mac Arthur-MOA-Renewal-Reso doc.doc APPROVED AS TO FORM & LANGUAGE i~ ~~i6 ~tf~ -_ i . Florida Department of Transportation CHARLIE CRIST 1000 NW 111 Avenue ~ STEPHANIE C. KOPELOUSOS GOVERNOR Miami, Florida 33172 SECRETARY October 12, 2010 Mr. Jorge M. Gonzalez, City Manager Attn: Mr. John Oldenburg, Assistant Director .Parks and Recreation, City of Miami Beach 2100 Washington Avenue, Suite 100 Miami Beach, FL 33139 RE: NOTICE TO PROCEED Contract: AQ 105 Turf and Landscape Agreement FIN# 25308727801 Dear Mr. Gonzalez: The ~ Department and the City of Miami Beach -have executed the Joint Project Agreement noted above for a period of one year, starting November 1st, .2010. The City may invoice the Department after the end of each quarter according to the schedule below. 1St Quarter- November 1St, 2010 thru Januar~ 31St, 2011 2"d Quarter February 1St, 2011 thru April 30t , 2011 3~d Quarter May 1st, 2011 thru July 31St, 2011 4tn Quarter August 1St, 2011 thru October 31St, 2011 if you have any questions concerning the agreement, please-contact me at telephone number (305) 470-5360. Sincerely, ~. ~ ~ c~~~ Rudy Garcia, .E. District Maintenance Engineer cc: Guy Gladson, Houshang Zahedi, Khaled AI-Said, Sarah Perez, Shany lanotti, Procurement.