07-22-08 Item 6South Miami
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CITY OF SOUTH MIAMI 11111F
OFFICE OF THE CITY MANAGER
INTER - OFFICE MEMORANDUM 2001
To: The Honorable Mayor & Members of the City Commission
Via: W. Ajibola Balogun, City Manager °
From: Carol M. Aubrun,
Grants Writer and Administrator
Date: Jul y A 22 2008 6
Agenda Item No.. •
Subject: Turf and Landscape Agreement for South Dixie Highway (US -1)
Request: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY MANAGER TO
EXECUTE A JOINT PROJECT AGREEMENT FOR FY 2008/2009 WITH
FLORIDA DEPARTMENT OF TRANSPORTATION (FDOT) FOR TURF AND
LANDSCAPE MAINTENANCE FUNDING IN THE AMOUNT OF $3,592.00;
AND PROVIDING FOR AN EFFECTIVE DATE.
Request: To authorize the City Manager to execute a joint project agreement with Florida
Department of Transportation (FDOT) for Turf and Landscape Maintenance of
South Dixie Highway (US -1).
Reason/Need: Historically, the City has performed turf and landscape maintenance of
two (2) roadways belonging to the Florida Department of Transportation
(FDOT), which were Sunset Drive east of SW 69th Street and South Dixie
Highway (US -1) from SW 80th Street to SW 57th Avenue. In 2007, FDOT
exercised a jurisdictional transfer of Sunset Drive to the City of South
Miami. However, South Dixie Highway (US -1) is still under the jurisdiction
of FDOT. The memorandum of agreement will allow the City to continue
to provide turf and landscape maintenance services at South Dixie
Highway (US -1) with compensation.
Cost: $3,592.00
Funding Source: FDOT
Backup Documentation:
❑ Proposed Resolution
❑ Joint Project Agreement for Turf and Landscape Maintenance
Contract No. AP 579
❑ Road Limitation & FDOT Special Permit (Attachments A & B)
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RESOLUTION NO.:
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH
MIAMI, FLORIDA, AUTHORIZING THE CITY MANAGER TO EXECUTE A JOINT PROJECT
AGREEMENT FOR FY 2008/2009 WITH FLORIDA DEPARTMENT OF TRANSPORTATION
(FDOT) FOR TURF AND LANDSCAPE MAINTENANCE FUNDING IN THE AMOUNT OF
$3,592.00; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the Mayor and City Commission desire to accept the joint project agreement with
Florida Department of Transportation for FY 2008/2009 for turf and landscape maintenance funding in
the amount of $3,592.00, which will be utilized for South Dixie Highway (US -1) from SW 80th Street to
SW 57th Avenue.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA THAT:
Section 1: The City Commission authorizes the City Manager to execute a joint project
agreement for FY 2008/2009 with Florida Department of Transportation (FDOT) for turf and landscape
maintenance.
Section 2: The attached exhibits are incorporated by reference into this resolution.
PASSED AND ADOPTED this
ATTEST:
CITY CLERK
READ AND APPROVED AS TO FORM
CITY ATTORNEY
day of , 2008
APPROVED:
MAYOR
COMMISSION VOTE:
Mayor Feliu:
Vice Mayor Beasley:
Commissioner Wiscombe:
Commissioner Palmer:
Commissioner Beckman:
CONTRACT # AP. 579
JOINT PROJECT AGREEMENT
BETWEEN
THE FLORIDA DEPARTMENT OF TRANSPORTATION
AND
CITY OF SOUTH MIAMI
TURF AND LANDSCAPE MAINTENANCE
This Agreement is made and entered into this day of , 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 SOUTH MIAMI, 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 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.
dated , 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: AP 579
Financial Project Number: 40339417801
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.
1.6. 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: AP 579
Financial Project Number: 40339417801
Page 2 of 1 F
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.
S. 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: W. Ajibola Balogun, REM, CFEA
City Manager /Director Public Works
CITY OF SOUTH MIAMI
6130 Sunset Drive
South Miami, Florida 33143
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 THREE THOUSAND
FIVE HUNDRED NINETY TWO ($3,592.00) 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 the total
Contract Number.- AP 579
Financial Project Number: 40339417801
Page 3 of 11
amount of THREE THOUSAND FIVE HUNDRED NINETY TWO ($3,592.00)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.
7.6 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,
Contract Number: AP 579
Financial Project Number. 40339417801
Page 4 of I I
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.
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 THREE THOUSAND FIVE
HUNDRED NINETY TWO ($3,592.00) per year at the beginning of each .
DEPARTMENT Fiscal Year (July 1).
10.4 This Agreement shall commence on July 1st„ 2008, and end on June 30th,
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
Contract Number: AP 579
Financial Project Number: 40339417801
Page 5 of 11
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
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(l 0), 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;
1.3.3. 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
Contract Number: AP 579
Financial Project Number: 40339417801
Page 6 of 1 I
this item;
13.6. In the event this Agreement is terminated as established under Section (9)
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: AP 579
Financial Project Number: 40339417801
Page 7 of ! 1
IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed the day
and year first above written.
CITY OF SOUTH MIAMI
BY:
CITY MANAGER
ATTEST:
STATE OF FLORIDA
DEPARTMENT OF TRANSPORTATION
BY:
District Secretary
ATTEST:
CITY Clerk (Seal) Executive Secretary
Contract Arumber. AP 579
Financial Project Number. 40339417801
LEGAL REVIEW:
BY:
District General Counsel
Page 8 of l 1
ATTACHMENT "A"
Below is the state road, the limits, length and acreage of the areas to be
maintained by the City South Miami under this AGREEMENT.
.Contract Number.- AP 579
Financial Project Number. 40339417801
Page 9 of 11
Y'.
ACREAGE MEDIANS
NAM
`::
ILLS
South Dixie
SW 801h
SW 57"'
1.2
1.08
Hwy.
St.
Ave.
.Contract Number.- AP 579
Financial Project Number. 40339417801
Page 9 of 11
ATTACHMENT "B"
ATTACH CITY RESOLUTION
Contract Number: AP 579
Financial Project Number: 40339417801
Page 10 of 11
ATTACHMENT "C"
STATE OF FLORIDA
DEPARTMENT OF TRANSPORTATION
SPECIAL PERMIT
District Six
8195
DATE: PERMIT NO.:
ON NO:
SECTION STATE ROAD NO.:
COUNTY: MILEPOST FROM: TO:
STATE PROJECT NO.: (if applicable) RECORD NO.:
APPLICANT:
ADDRESS:
CITY:
TELEPHONE NO.:
STATE:
ZIP CODE:
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
ufilifieslmunicipalifies:
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 shalt 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 Bald 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 Permitteds expense.
5. All work shall meet Departments Roadway and Traffic Design Standards, Specifications for Road and ridge Coostructm, and otherapplicabfe criteria in effect at the time
of permit issuance. The vmrk 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 prW to the pre -
construction meeting and again Immediately before commencement of work. All material and equipment shall be subject to inspection by the designated engineeror his
authorized representative.
S. All Department property shall be restored to its original condition as far as practical in keeping with Department Speafications, 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 thiswork 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 ( )
S. 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 ofwork unless the perrnittee shows good cause for delay and the Department approves an extension. No extensionbeyond 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 extentof the State's right, title, and interest in the land to be entered uponand
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 Departmentfrom and against any and all loss, damage, cost, or expense arlsing in any manner on account of the exercise or attempted exerdse 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 musttake measures,
including placementand display of safety devices, that may be necessary in order to safely conduct the public through the project area in accordancewfth the Departments
current edition of the Roadway and Traffic Deslan Standards, Index Series 600, and the Manual of Uniform Traffic Control Dew=
11 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. Corporate Seal
Signature of Permittee
Name and Title (typed) Attested
Recommended for approval TAW Date:
Approved by: Date:
District Permit Engineer or Authorized Representative
Contract Number: AP 579
Financial Project Number: 40339417801
Page 11 of 11