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RESOLUTION 93-20706 RESOLUTION NO. 93-20706 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AUTHORIZING THE MAYOR AND CITY CLERK TO APPLY FOR A HIGHWAY BEAUTIFICATION GRANT FROM THE FLORIDA DEPARTMENT OF TRANSPORTATION FOR LANDSCAPING IMPROVEMENTS AT THE EASTERN END OF THE JULIA TUTTLE CAUSEWAY. WHEREAS, many roadside areas and medians abutting Department of Transportation right-of-way areas must be maintained and attractively landscaped; and WHEREAS, the Mayor and the City Commission desire that the City of Miami Beach beautify and improve the right-of-way area at the eastern end of the Julia Tuttle Causeway by providing landscape improvements; and WHEREAS, the Mayor and the City Commission wish to authorize the City Manager to apply for a Highway Beautification Grant from the State of Florida Department of Transportation, to fund the proposed improvements. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF MIAMI BEACH, that (1) the City Manager is authorized to apply for a Highway Beautification Grant from the State of Florida Department of Transportation, to provide funding for landscaping improvements to the eastern end of the Julia Tuttle Causeway; and (2) the City Clerk of the City of Miami Beach is hereby directed to send copies of this resolution to the State of Florida Department of Transportation and all other persons as directed by the Mayor and City Commission. PASSED AND ADOPTED THIS 20th DAY OF Januar< , 1993 • M: •R ATTEST: ""-raivkAs-A, CITY CLERK FORM APPROVED LEGALAir. . PARTM ENT Airr • DAT //o CITY OF MIAMI BEACH CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH FLORIDA 33'3P OFFICE OF THE CITY MANAGER TELEPHONE: (305) 673-7010 FAX: (305) 673-7782 COMMISSION MEMORANDUM NO. 4o -93 TO: Mayor Seymour Gelber and DATE: January 20 , 1993 Members of the City Commission FROM: Roger M. Cant / t6,\CCity Manag�T'��1 V �, SUBJECT: APPLICATION FOR A HIGHWAY BEAUTIFICATION GRANT FROM FLORIDA DEPARTMENT OF TRANSPORTATION ADMINISTRATION RECOMMENDATION: The City Administration recommends adoption of the attached Resolution authorizing the Mayor and City Clerk to execute an Application for a Highway Beautification Grant from the Florida Department of Transportation to beautify the eastern end of the Julia Tuttle Causeway. BACKGROUND: In 1989 and 1991 the Parks division, with the commissions approval, applied for a Highway Beautification Grant from the Florida Department of Transportation for the beautification of the eastern end of the Julia Tuttle causeway. We were denied funding at that time. However, we have now been urged by the local Department of Transportation maintenance engineer to resubmit our application for reconsideration this grant year. ANALYSIS: This application is based on a 50-50% funding process wherein the city can use in kind service for their share. It is proposed that the State purchase most of the trees and the other necessary materials with State monies. City forces are to install and maintain said trees. The plan as proposed at this time includes a few changes from the one prepared in 1991. The changes relate to the cities matching portion with regard to the plant material we will provide. These and others incidental changes do not meaningfully change the plan. CONCLUSION: The high visibility of this area compels us to provide an aesthetic treatment for it. This plan once implemented will provide a dramatic entrance to the central Miami Beach area and since a possible funding source is available we should take advantage of the opportunity. RMC/DK/jd 238 AGENDA ITEM R DATE 1 � "93 FLORIDA DEPARTMENT OF TRANSPORTATION t.Awron CHILES Btn G.WATTS GOVERNOR SECRETARY Immoia w- ADMINISTRATIVE SERVICES Facility Services & PrQcurement 1000 N.W. 111th Avenue-Room 6107 Miami , Florida 33172 September 29, 1993 Mercy Williams , City Clerk Office City of Miami Beach 1700 Convention Center Drive Miami Beach, Florida 33139 NOTICE TO PROCEED Dear Ms . Williams : RE: "LANDSCAPING AGREEMENT & BEAUTIFICATION GRANT" State Bid Number : 87004-3510 Work Program Number : 6610571 County : Dade Contract Number : AA458 Funds have been allocated and the MEMORANDUM OF AGREEMENT for the above referenced project has been executed by your firm and the Department of Transportation. George Fisher is the Project Manager for this Project . You may contact him at ( 305 ) 470-5350 . You are authorized to proceed in accordance with terms and schedule set forth in the Agreement . Sincerely, 11111I Ann Warren Administrator , Facilities and Procurement AW: e a cc : G. Fisher , V . Dekle-MS 29, S. Perez , J . Fernandez HIGHWAY BEAUTIFICATION GRANT MEMORANDUM OF AGREEMENT THIS AGREEMENT, made and entered into this _ nth day of SPpt tuber 1993 , by and between the STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION, a component agency of the State of Florida, hereinafter called the "DEPARTMENT" and MIAMI BEACH, a political subdivision of the State of Florida, existing under the Laws 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, protection of the investment and other reasons, has created roadside areas/median strips on the highway facilities outlined in Attachment "A" within the corporate limits of the CITY; and WHEREAS, the CITY is of the opinion that said highway facilities that contain shoulders shall be landscaped with trees, shrubs and ground covers to improve the aesthetic and aid in acce�;, management along State Road 112. 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. 93-207606, attached hereto and by this reference made a part hereof, desires to enter into this Highway Beautification 1 Grant 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 . The CITY shall install landscaping on the highway facilities outlined in Attachment "A" as specified in plans and specifications included as Attachment "B" with the following exceptions: NONE The landscape installation to be performed by the CITY and private contractor's shall be subject to periodic inspections by the DEPARTMENT. Such inspection findings will be shared with the CITY and shall be the basis of all decisions regarding payment reduction, reworking or agreement termination. The CITY shall not change or deviate from said plans without written approval by the DEPARTMENT. 2. If at any time after the CITY has assumed the landscaping installation responsibility above-mentioned, it shall come to the attention of the DEPARTMENT's District Secretary, that the installation is not being performed pursuant to the terms of this Agreement, said District Secretary may at his option, issue a written notice that a deficiency or safety deficiencies exist(s) , by sending a certified letter in care of City Manager, 1700 Convention Center Blvd. on notice thereof. Thereafter, the CITY shall have a period of thirty (30) 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) Complete the installation or part thereof, with DEPARTMENT or an independent contractor's personnel and deduct the cost of such work from the CITY's payment for said work or part thereof, or 2 (b) Terminate Agreement in accordance with Paragraph 5 of this Agreement and remove, by DEPARTMENT or an independent contractor's personnel , all of the landscaping installed under this Agreement or any preceding agreements except as to pre-existing material and charge the CITY for the reasonable cost of such removal . 3. 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 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 CITY shall be given sixty (60) calendar days notice to remove said landscaping after which time, the DEPARTMENT may remove said landscaping. 4. The DEPARTMENT agrees to pay to the CITY the total sum of $144,763.00 or 50 percent of the total project cost as defined in Attachment "C" , whichever is less. Subject to this limit, the DEPARTMENT will pay only for those costs which are allowed by Section 339.2405(11) Florida Statutes: (a) Sprinkler/irrigation system (purchase and installation) (b) Plant materials and fertilizers/soil amendments (c) Equipment and labor The DEPARTMENT's participation in the project cost, as described in Attachment "C" is limited to only those items which are directly related to this project. Project costs incurred prior to the effective date of this Agreement will not be considered in determining the DEPARTMENT's 50 percent participation. The 50 percent payment shall not be made until (1) certification of acceptance is received from the Peter Strelkow, ASLA Landscape Architect; (2) the Highway Beautification Council has inspected or waived its inspection rights for the project; and (3) a DEPARTMENT Landscape Architect or his designee has approved 3 w the project for final payment. A ninety (90) day grow-in period will be required after project completion. Certification of acceptance and inspection by the council may be requested sixty (60) days after project completion. Upon receipt of certification of acceptance and inspection approval , the CITY may submit invoice for final payment. (a) Payment shall be made only after receipt and approval of goods and services as provided in Section 215.42, Florida Statutes. (b) Any penalty for delay in payment shall be in accordance with Section 215.422(2)(b) , Florida Statutes. (c) Bills for fees or other compensation for services or expenses shall be submitted in detail sufficient for a proper preaud i t and postaud i t thereof, and that bills for travel expenses specifically authorized by this Agreement shall be submitted and paid in accordance with rates specified in Section 112.061 , Florida Statutes. (d) Records of costs incurred under 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 three years after final payment is made. Copies of these documents and records shall be furnished to the DEPARTMENT upon request. Records of costs incurred includes the C I TY's general accounting records, together with supporting documents and records, of the Contractor and all subcontractors performing work, and all other records of the Contractor and subcontractors considered necessary by the DEPARTMENT for a proper audit of costs. (e) The CITY agrees to return all monies received under the terms of this Grant Agreement, to the DEPARTMENT, should the landscaped area fail to be maintained in accordance with the Maintenance Agreement. 5. This Agreement may be terminated under any one of the following conditions: (a) By the DEPARTMENT, if the CIY fails to perform its duties under Paragraph 2, following ten (10) days written notice. 4 • • (b) By the DEPARTMENT, for refusal by the CITY or Contractor's to allow public access to all documents, papers, letters or other materials subject to the provisions of chapter 119, Florida Statutes and made or received by the CITY in conjunction with this Agreement. (c) By either party following sixty (60) calendar days written notice. (d) By both parties, thirty (30) calendar days following the complete executive by both parties, of an agreement to terminate this Agreement. 6. The term of this Agreement commences on Issuance of Notice To Proceed and commences for a period of one (1) year. 7. The CITY covenants and agrees that it will indemnify and hold harmless DEPARTMENT and all of DEPARTMENT's officers, agents and employees from any claim, loss, damage, cost, charge or expense arising out of any act, action, neglect or omission by the CITY during the performance of the Agreement, whether direct or indirect, and whether to any person or property to which DEPARTMENT or said parties may be subject, to the extent permitted by law. 8. The CITY may construct additional landscaping within the limits of the right-of-way identified as a result of this document, subject to the following conditions: (a) Plans for any new landscaping shall be subject to approval by the DEPARTMENT. The CITY shall not change or deviate from said plans without prior written approval by the DEPARTMENT. (b) All landscaping shall be developed and implemented in accordance with appropriate DEPARTMENT's state safety and road design standards; (c) The CITY agrees to complete, execute and comply with the requirements of the DEPARTMENT's standard Maintenance Memorandum of Agreement provided as Attachment "D" to this Agreement which by reference hereto shall be a part hereof; (d) No change will be made in the payment terms established under Item number four (4) of this Agreement due to any 5 increase in cost to the DEPARTMENT resulting from the installation of landscaping added under this item. 9. It is anticipated that the term of this Agreement will extend beyond the Department's current fiscal year. 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 agreement verbal or written made in violation of this subsection is null and void, and no money may be paid on such contract. The Departmetn shall require a statement from the comptroller of the Department that funds are available prior to entering into any such Agreement 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 success i ng fiscal years. Accordingly, the State of Florida's performance and obligation to pay under this contract is contingent upon an annual appropriation by the Legislature. 10. This writing embodies the entire Agreement and understanding between the parties hereto and there are no other Agreements and understandings, oral or written, with reference to the subject matter hereof that are not merged herein and superseded hereby. 11 . 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 conclusive upon the parties hereto. 6 12. This Agreement may not be assigned or transferred by the CITY, in whole or in part without prior written consent of the DEPARTMENT. 13. 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 . IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed the day and year first above written. S i FLORIDA IEPART i TRANSP TATION r illikAL,„.421P,_ 4'' i.e) 92 ,, Y: C,__TU* i is ict S cretary IIT Approva .s o Da e Form and L:•. ity 1 ATTEST. „, i 1 (SEAL) -xf cut i ve Se ' 'tary t ................„........... City c f Miami Beach AGENCY / Ann Wa en, Administrator Facilities and Procurement BY: ayor ATTE Tom. I C,k.. (TT &f€EAL)J City Clerk FORM ARi ED 1 LEGti EPT. , ,j,7,, CYDate 3 7 ATTACHMENT 'A' SECTIONS INCLUDED IN THE LANDSCAPING MAINTENANCE AGREEMENT BETWEEN THE DEPARTMENT AND THE CITY OF MIAMI BEACH STATE ROAD SECTIu STREET LENGTH SITED # NUMBER NUMBER NUMBER FROM TO (MILES) ACREAGE 1, SR112 87004 SR112 ALTON RD .2 5.0 TOTAL .2 5.0 8 WPI NO. JOB NO. Attachment "C" (GENERAL) This exhibit forms an integral part of the Highway Grant Agreement between the State of Florida, Department of Transportation and the City of Miami Beach dated 1) PROJECT COST: ¶200,577.f8 2) TOTAL PROJECT COST: PARTICIPATION: Public Agency Participation ( %) In Kind ( %) Cash (50 %) S145,814.08 Department Participation (50 %) or $144,763.00 Primary (D) whichever is less TOTAL PROJECT COST X200,577.08 RESOLUTION NO. 93-20706 Authorizing the Mayor and City Clerk to apply for a highway beautification grant from the Florida Department of Transportation for landscaping improvements at the eastern end of the Julia Tuttle Causeway.