Joint Project AgreementC 7~ ' ~`~f
CONTRACT # AoU88
JOINT PROJECT AGREEMENT
BETWEEN
THE FLORIDA DEPARTMENT OF TRANSPORTATION
AND
THE CITY OF MIAMI BEACH
TURF AND LAND CAPE MAINTENANCE
yl
This Agreement is made and entered into this ~ day of ~O~erv~rj~V , 2007, 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, 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 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. 2007-26615
dated 9/5/07 ,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 Number: AOU88
Financial Project Number: 253 08 71 7401
Page 1 of 11
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
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
Contract Number: AOU88
Financial Project Number: 25308717401
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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-B
Miami, Florida 33172-5800
Attention: District Maintenance Engineer
To CITY: City of Miami Beach
1700 Convention Center Drive
Miami Beach, Florida 33139
Attention: Public Works
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 ($150,000.00) per year. 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 the total amount of
THIRTY THOUSAND FIVE HUNDRED DOLLARS ($37,500.00). This Agreement is
Contract Number: AOU88
Financial Project Number: 25308717401
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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 payment(s)
the acreage of the affected area and only compensate the CITY for the actual work
it performs.
Contract Number: AOU88
Financial Project Number: 253 08 71 7401
Page 4 of 11
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 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
($150,000.00) per year at the beginning of each DEPARTMENT Fiscal Year
(July 1).
10.4 This Agreement shall commence on September 1, 2007, and end on August
31, 2008.
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
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
Contract Number: AOU88
Financial Project Number: 25308717401
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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(10), 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;
13.6. In the event this Agreement is terminated as established under Section (9)
Contract Number: AOU88
Financial Project Number: 25308717401
Page 6 of 11
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 laws of the State of Florida.
- REMAINDER OF PAGE INTENTIONALLY LEFT BLANK -
Contract Number: AOU88
Financial Project Number: 253 08 71 7401
Page 7 of I 1
IN WITNESS WHEREOF, the parties hereto have caused these presents to be
executed the day and year first above written.
I BEACH, FLORIDA
YOR
Dermer
U
ATTEST:
CITY Clerk (Seal)
Robert Parcher
STATE OF FLORIDA
DEPARTMENT OF TRANSPORTATION
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BY:
~.~District Secretary
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ATTEST: 4 ~~,t,~v
Executive Secretary
LEGAL REVIEW:
Contract Number: AOU88
Financial Project Number: 25308717401
._
BY: ~.a-~c.~.~.. tax, _
District General C nsel
Page 8 of 11
APPRO`IED AS TO
~~ pR E~FCUT ON
ATTACHMENT "A"
Below is the state road, the limits, length, and acreage of the areas to be maintained by the
CITY under this Agreement.
State Road Street Name From
A1A Mac Arthur Causeway East side of
Watson Island
To Length Acreage
(miles)
West side of
East Channel
Bridge
TOTAL:
1.816 5.303
1.816 5.303
TOTAL ACREAGE: 5.303
TOTAL ANNUAL MAXIMUM LIMITING
AMOUNT ELIGIBLE FOR REIMBURSEMENT: $ 150,000.00
Contract Number: AOU88
Financial Project Number: 253 08 71 7401
Page 9 of 11
ATTACHMENT "B"
ATTACH CITY RESOLUTION
Contract Number: AOU88
Financial Project Number: 25308717401
Page 10 of 11
RESOLUTION NO. 2007-26615
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 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 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 SEPTEMBER 01, 2007, AND CONCLUDING ON AUGUST 31, 2008,
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 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 expired on
August 31, 2007; and
WHEREAS, the FDOT has expressed a desire to enter into a new Memorandum of
Agreement (MOA) for a one year period, commencing on September 1, 2007, and
concluding on August 31, 2008: 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 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 has a contract manager
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 (Mac Arthur 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 September
01, 2007, and concluding on August 31, 2008, with an option to renew for two years, on a
year to year basis.
PASSED and ADOPTED this 5th day of September, 2007.
EST:
:~ a/1-u~-c~.
CITY CLERK
Robert Parcher
Matti Herrera Bower
Vice-Mayor
F:\rcpa\$ALL\Previous\KEVIN\Comission 2007\September 5-07\FDOT_Mac Arthur Agmt Reso.dx rev 8-30-07.doc
APPROi'.~ED AS TO
FORM 8~ LANGUAGE
~ FOR EXECUTION
ATTACHMENT "C"
STATE OF FLORIDA
DEPARTMENT OF TRANSPORTATION
SPECIAL PERMIT
District Six
6/95
DATE:
SECTION NO:
COUNTY:
STATE PROJECT NO.
(if applicable)
PERMIT NO.:
STATE ROAD NO.:
MILEPOST FROM: TO:
RECORD NO.:
APPLICANT
ADDRESS: ZIP CODE:
CITY: STATE:
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: Yes ( ) No ( )
Name of municipality: Local 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 properly 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 Departments Roadwav and Traffic Design Standards, ~^~ 'F ations 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
PermiUMaintenance 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 maybe 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.
g. 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 dghts 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 adsing 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 project area in accordance with the Department's current edition of the Roadwav and Traffic Desion Standards, Index Series 600,
and the Manual of Uniform Traffic Control Devices.
13. Incase ofnon-compliance with the Department's requirements in effect as of the approved date of this permit, this permit is void and the workwill
be brought into compliance or removed from the right-of-way at no cost to the Department.
Submitted and Agreed to by: Corporate Seal
Signature of Permittee
Name and Title (typed) Attested
Recommended for approval: Title: Date:
Approved by: Date:
District Permit Engineer or Authorized Representative
Contract Number: AOU88
Financial Project Number: 25308717401
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