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HomeMy WebLinkAboutFDOT Landscape Maintenance MOA . ~ ) ;J tJ05 -,- ~ S1 '10 . , FLORIDA DEPARTMENT OF TRANSPORTATION 'L/iNDSCAPE MAINTENANCE MEMORANDUM OF AGREEMENT WITH THE CITY OF MIAMI BEACH This AGREEMENT, entered into this /~ i2:- day of ()c,.,:/f:) ~ 2005, 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 Laws of the State of Florida, herein after 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 CITY 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. ~O{f)l>--J..S'-CJ'l-O dated ~ 61 .z005 -, attached hereto as Attachment "e", which by reference hereto shall become a part hereof, deslres to enter lnto 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 RESPONSIBILITY Contract No.: AOl53 Financial No.: 25308617204 1 The CITY shall be responsible for the maintenance of all landscaped and/or turfed areas within the DEPARTMENT'S right- of-way, the limits and scope of which are defined in the attached Exhibit "AU, which by reference hereto shall become a part hereof. The CITY shall be responsible for performing the work described below with a minimum frequency of twelve (12) times per year: 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 includes plant and tree trimmings, in accordance with the latest edition of the "Maintenance Rating Program". Prune 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. To keep plants as free as possible from disease and harmful insects. 1.4. Remove and dispose of dead, diseased or otherwise deteriorated plants. 1.5. Keep litter removed from roadside and median strips. 1.6. Remove and dispose of all trimmings, roots, branches, litter, etc., resulting from the activities described by (1.1) through (1.5) inclusively as described above. 2 AMENDMENTS This AGREEMENT may be amended in writing if mutually agreed to by both parties. 3. NATURAL DISASTERS Contract No.: A0153 Financial No.: 25308617204 2 The CITY shall not be responsible for the clean-uPI removal and disposal of debris from the DEPARTMENT'S right-of-way the limits of which are described in Exhibit "A"I or subsequent amended limits mutually agreed to in writing by both parties following a natural disaster (i.e. hurricane I tornado I etc.). However I the cost of any cycle or part thereof that could be impaired by any such event may be deducted from the payment to the CITY. 4. MAINTENANCE DEFICIENCIES If I 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 or a part thereof is not being properly accomplished pursuant to the terms of this AGREEMENT, said DISTRICT MAINTENANCE ENGINEER may, at his optionl 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: a) The DEPARTMENT will begin the process to procure independent contractor's materials, equipment and personnel to maintain said landscaping and charge the reasonable cost of such work to the CITY; or b) Terminate this agreement in accordance with Item ten (10) of the AGREEMENT 5. NOTICES All notices, requests I demands, consents, approvals I and other communications 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 requestedl postage prepaidl addressed to the party to receive such notices as follows: To DEPARTMENT: Florida Department of Transportation 1000 Northwest 111th Avenue, Room 62058 Miami, Florida 33172-5800 Attention: District Maintenance Engineer Contract No.: A0153 Financial No.: 25308617204 3 To CITY: CITY OF MIAMI BEACH 2100 Washington Avenue-Suite 100 Miami Beach, Florida 33139 Attention: 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. The DEPARTMENT agrees to notify the CITY in the event alterations will be made so as to allow the continued ability of the CITY to perform its maintenance responsibilities under this Agreement. 7. METHOD OF COMPENSATION In accordance with requirements of Section 287.058 (1) (d) , Florida Statutes, the DEPARTMENT agrees to pay the CITY quarterly (each three month period) compensation for the cost of maintenance as described under Sub-items (1.1) through (1.5) . The lump sum payment will be in the amount of $37,500.00 dollars per quarter for a total appropriation of $150,000.09 dollars per year. In accordance with Section 287.058(1) (a), Florida Statutes, the CITY shall submit the quarterly invoice/bill in detail sufficient for proper pre-audit and 'post-audit thereof. 8. VENDOR RIGHTS Section 215.422(5), Florida Statutes, requires the Department to include a statement of vendor (Contractor) rights. Contractors are hereby advised of the following: Contractors providing goods and services to an agency should be aware of the following time frames. Upon receipt, an agency has 5 working days to inspect and. approve the goods and Contract No.: A0153 Financial No.: 25308617204 4 services, unless the bid specifications, purchase order or contract specifies otherwise. An agency has 20 days to deliver a request for payment (voucher) to the Department of Banking and Finance. The 20 days are measured from the latter of the date the invoice is received or the goods or services are received, inspected and approved, by the Department of Transportation. If a payment is not made within 40 days, a separate interest penalty at the rate established pursuant to Section 55.03(1) Florida Statutes will be due and payable, in addition to the invoice amount, to the Contractor. The interest penalty provision applies after a 35 day time period to health care providers, as defined by rule. Interest penalties of less than one dollar will not be enforced unless the Contractor requests payment. Invoices which have to be returned to a Contractor because of Contractor preparation errors will result in a delay in the payment. The invoice payment requirements do not start until a properly completed invoice is provided to the Department of Transportation. A Vendor Ombudsman has been established within the Department of Banking and Finance. The duties of this individual include acting as an advocate for Contractors who may be experiencing problems in obtaining timely payment(s) from a state agency. The Vendor Ombudsman may be contacted by calling the State Comptroller's Hotline, 1-800-848-3792. 9. PAYMENT ADJUSTMENT In the event temporary work by the DEPARTMENT forces or by other Contractors temporarily prevent the CITY from performing the work described in this AGREEMENT, the DEPARTMENT shall deduct from the lump sum payment 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 Item Three (3). In the event this AGREEMENT is terminated as established by Item Ten (10) Contract No.: A0153 Financial No.: 25308617204 5 herein, no payment will be prorated for the quarter in which termination occurs for the work that has been completed. 10. TERMINATION This AGREEMENT or part thereof is subject to termination under anyone of the following conditions: 10.1. In the event the DEPARTMENT exercises the option identified by Item Four (4) of this AGREEMENT. 10.2. As mutually agreed to by both parties in writing. 10.3. 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. 11. TERMS 11.1 The terms of this AGREEMENT shall only commence when the DEPARTMENT issues the CITY the Notice To Proceed Let~. 11.2 In accordance with Section 287.058 (1) (e), Florida Statutes; this Agreement is for a period of one (1) year beginning with the date stated in the Notice to Proceed. Letter. 11.3 In accordance with Section 287.0582, Florida Statutes; the State of Florida performance and obligation to pay under this contract is contingent upon an annual appropriation by the Legislature. To comply with Section 287.0582, F.S., the Department shall only appropriate the annual amount of $ $150,000.00 at the beginning of each Fiscal Year. 12. RENEWAL In accordance with Section 287.058 (1) (f), Florida Statutes, this Agreement may be renewed on a yearly basis for a maximum Contract No.: A0153 Financial No.: 25308617204 6 of two (2) years after the initial contract of for a period no longer than the term of the original contract whichever period is longer, only if mutually agreed to in r writing by the DEPARTMENT and the CITY subject to the same terms and conditions set forth in this AGREEMENT, and said renewals shall be contingent upon satisfactory performance evaluations by the DEPARMENT and subject to the availability of funds. 13. EXHIBIT "A" AMENDMENT It is further understood that Exhibit "A" may be amended or changed at any time, as mutually agreed to in writing by both parties. 14. ADDITIONAL LANDSCAPING 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: 14.1. 14.2. 14.3. 14.4. 14.5. Plans for any new landscaping shall be subject to approval by the DEPARTMENT. The CITY shall not change or deviate from said plans without written approval by the DEPARTMENT. All landscaping shall be developed and implemented in accorda~ce with appropriate state safety and road design standards; All requirements and terms established by this AGREEMENT shall also apply to any additional landscaping installed under this item; The CITY agrees to complete, execute and comply with the requirements of the DEPARTMENT'S standard permit provided as Attachment "B" (not to actual size) to this AGREEMENT, which by reference hereto shall be a part of hereof; In the event that additional landscaping is added to the area and the AGREEMENT is terminated as established under Item Ten (10), the CITY agrees to Contract No.: A0153 Financial No.: 25308617204 7 accept full responsibility for all maintenance to the added landscaping at no cost to the DEPARTMENT. 15. This writing embodies the entire AGREEMENT and understanding between the parties hereto and there are not other agreements and understanding, oral or wri t ten wi th reference to the subject matter hereof that are not merged herein and superseded hereby. 16. This AGREEMENT is nontransferable and nonassignable in whole or in part without the prior written consent of the DEPARTMENT. 17. This AGREEMENT, regardless of where executed shall be governed by and construed in accordance with the laws of the State of Florida. 18. Nothing in this AGREEMENT shall be construed to violate the provisions of Section 339.135 (6) (a), of the Florida Statutes (1997), which provides as follows: 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 funds are available prior to entering into any such contract or other binding commitment of funds. Nothing herein contained shall prevent the making of a contract 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 of an amount in excess of $25,000 and which have a term for a period of more than one year. Contract No.: A0153 Financial No.: 25308617204 8 IN WITNESS WHEREOF the parties hereto have caused these presents to be executed the day and year first above written. L LANDSCAPING AGREEMENT WITH CITY OF MIAMI BEACH. BEACH ~ STATE OF FLORIDA ~EPARTMENT OF TRANSPORTATION BY: Dpr ATTEST: ATTEST~/i . ~;~11 Executi secreta~ LEGAL REVIEW: BY: BY: ~-J;L9f2- District General Counsel APPROVED AS TO Contracf-eRM&1l)ANGUAGE FinanciatlPO~IDCECWIlON 9 10 -,-(5~ Date 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. State Local Name From To Length in Acreage Road miles SR-112(I Julia Tuttle East side of Intracoastal Alton Road 2.36 32.03 195) Causeway Waterway Contract No.: A0153 Financial No.: 25308617204 10 EXHIBIT "B" STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION SPECIAL PERMIT District Six 6/95 (if applicable) PERMIT NO. : STATE ROAD NO. : MILEPOST FROM: RECORD NO.: DATE: SECTION NO: COUNTY: STATE PROJECT NO. TO: APPLICANT: ADDRESS: CITY: STATE: ZIP CODE: TELEPHONE NO. : Applicant requests permission from the State of Florida Department of Transportation, hereinafter called the Department, to construct, operate, and maintain the facility shown in the accompanying engineering as described here: Location of Construction, Street Name, and Nearest Intersection: 1. Is the proposed work within the corporate limits of a municipality: Name of municipality: Yes ( ) Local No ( ) Government Contact: 2. Prior to filing this application, the location of all existing utilities, both aerial and underground, has been ascertained, and the accurate locations are shown on the drawings (as applicable). A letter of notification was mailed on to the following utilities/municipalities: 3. It is expressly stipulated that this permit is a license for permissive use only and that the construction within and/or upon public property pursuant to this permit shall not operate to create or vest any property right in said holder. 4. Whenever it is determined by the Department that it is necessary for the construction, repair, improvement, maintenance, safe and/or efficient operation, alteration, or relocation of any or all portion of said highway and/or transportation facility; the Permittee shall immediately remove any and all installed facilities from said highway and/or transportation facility, or reset or relocate thereon as required by the Department at the Permittee's expense. 5. All work shall meet Department's Roadway and Traffic Design Standards, Specifications for Road and Bridge Construction, and other applicable criteria in effect at the time of permit issuance. The work shall be performed under the inspection supervision of , Permit/Maintenance Engineer located at , Telephone No. This designated engineer shall be notified forty-eight (48) hours prior to the pre-construction meeting and again immediately before commencement of work. All material and equipment shall be subject to inspection by the designated engineer or his authorized representative. 6. All Department property shall be restored to its original condition as far as practical in keeping with Department Specifications, and in a manner satisfactory to the Department, within thirty (30) days of the installation of the permitted work, unless otherwise approved by the Department. 7. A drawing covering details of this work shall be made a part of this permit. This drawing shall include plan, profile, and cross sections as appropriate, and may be required to bear the seal of a professional engineer licensed in the State of Florida. As built drawings are required: Yes ( ) No ( ) 8. The Permittee shall commence actual construction in good faith within days from the date of said permit approval and shall compete construction within days from the commencement of work unless the permittee shows good cause for delay and the Department approves an extension. No extension beyond one (1) year from the date of issuance of this permit will be granted. 9. This construction and maintenance shall not interfere with the property and rights of a prior Permittee. 10. Special Conditions and Instructions by the Department: 11. It is understood and agreed that the rights and privileges herein set out are granted only to the extent of the State's right, title, and interest in the land to be entered upon and used by the Permittee, his heirs, assigns, and successors in interest, and the Permittee will, at all times, assume all risk of and indemnify, defend, and save harmless the State of Florida and the Department from and against any and all loss, damage, cost, or expense arising in any manner on account of the exercise or attempted exercise by said Permittee of the aforesaid rights and privileges. 12. During construction through Department acceptance of the permitted work, all safety regulations of the Department shall be observed and the holder must take measures, including placement and display of safety devices, that may be necessary in order to safely conduct the public through the proj ect area in accordance with the Department's current edition of the Roadway and Traffic Design Standards, Index Series 600, and the Manual of Uniform Traffic Control Devices. Contract No.: A0153 Financial No.: 25308617204 11 13. In case of non-compliance with the Department's requirements in effect as of the approved date of this permit, this permit is void and the work will be brought into compliance or removed from the right-of-way at no cost to the Department. Submitted and Agreed to by: Signature of Permittee Corporate Seal Name and Title (typed) Attested Recommended for approval: Title: Date: Approved by: Date: District Permit Engineer or Authorized Representative Contract No.: A0153 Financial No.: 25308617204 12 .' EXHIBIT II C II ATTACH CITY RESOLUTION Contract No.: A0153 Financial No.: 25308617204 13 & - From the Desk of ... Brenda Carbonell October 4, 2005 1()(!}J. ~- (}-SY 00 TO: Raul Aguila - First Assistant City Attorney Bob Parcher - City Clerk Raul: Attached are the revised copies of the FDOT Contract for the Landscape Maintenance of the Julia Tuttle Causeway (1-395) that include xour corrections for form approval. G~ / M~ - lb~ 5-07 Bob: This contract was re-submitted by FDOT to include the "Renewal Clause" which was not included in the original contract. Please contact me at x. 6721 once it has been fully executed so 1 my have it hand delivered to FDOT. Thank you. Brenda Carbonell x.6721 ., - Vl[)l.ontf