Loading...
2011-37RESOLUTION NO. 2011-37 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA AUTHORIZING THE CITY MANAGER TO EXECUTE THE ATTACHED CONTRACT FOR .LANDSCAPE MAINTENANCE WITHIN THE FLORIDA DEPARTMENT OF TRANSPORTATION RIGHT-OF-WAY ON BISCAYNE BOULEVARD FROM THE OLETA RIVER BRIDGE NORTH TO THE MIAMI- DADE/BROWARD COUNTY LINE BY AND BETWEEN THE CITY OF AVENTURA AND THE FLORIDA DEPARTMENT OF TRANSPORTATION; AUTHORIZING THE CITY MANAGER TO TAKE NECESSARY AND EXPEDIENT ACTION TO CARRY OUT THE AIMS OF THIS RESOLUTION; AND PROVIDING FOR AN EFFECTIVE DATE. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, THAT: Section 1. The City Manager is hereby authorized to execute the attached Contract by and between the City of Aventura and the Florida Department of Transportation to provide landscape maintenance services on the Florida Department of Transportation Right-of-way on Biscayne Boulevard from the Oleta River bridge north to the Miami-Dade/Broward County line. Section 2. The City Manager is hereby authorized to do all things necessary to carry out the aims of this Resolution. Section 3. This Resolution shall become effective immediately upon its adoption. The foregoing resolution was offered by Commissioner Joel, who moved its adoption. The motion was seconded by Commissioner Holzberg, and upon being put to a vote, the vote was as follows: Commissioner Bob Diamond yes Commissioner Teri Holzberg yes Commissioner Billy Joel yes Commissioner Michael Stern yes Commissioner Luz Urbaez Weinberg yes Vice Mayor Zev Auerbach yes Mayor Susan Gottlieb yes Resolution No.2011-37 Page 2 PASSED AND ADOPTED this 7th day of June, 2011. ~_ ~L<i1f SAN GOTTLIEB, MAYOR A :SA M. SO~OIdA, MMC CLERK APPROVED AS TO LEGAL SUFFICIENCY: CITY ATTORNEY FloYida Department of TYansportation RICK SCOTT b05 Suwannee Street . ANANTH PRASAD, P.E. GovERNOR Tallahassee, PL .32399-0450 sECRETnRY' May; 5, 2011 ~_ 91 71Q8 27,33 39.3.8 2441 127,7 Mr. Eric M. Soroka City Manager CITY OF AVENTURA 19200 West Coun#ry Club Drive Aventura, Florida 33180 RE: Landscape .Maintenance Joint Project Agreement Contract No: TBA Financial No.: 407334-~-78-01 Dear Mr. Soroka.: The existing JPA for Turf and Landscape Maintenance AP580 between Gty of Aventtara and the Department will expire June 30., 2011. If your City agrees, enclosed are two (Z) new. contract documents. Please leave the .date blank on the first page -and- return the executed documents. back to the Department before June 4th, 2011. The contract time shall begin on July i, 2011, and end. on June 30, 2012.. Should you have any questions .concerning this agreement, please contact me at telephone. number (305) 470-5350. Sincerely, ©~. Rudy Garcia District Maintenance Engineer cc: G. Gladson, R. Kenney, K. AI-Said, S. lanotti, File www.dotatate:fl:us CONTRACT # TURF AND LANDSCAPE MAINTENANCE JOINT- PARTICIPATION AGREEMENT BETWEEN THE FLORIDA DEPARTMENT OF TRANSPQRTATION AND THE C1TY OF AVENTURA This Agreement, is made and entered. into this day of , 20_, by and between the .State of Florida Department of Transportation, a component agency of the State of Florida, hereinafter referred to as the `DEPARTMENT', and the CITY OF AYENTURA a municipal corporation of the State of Florida, existing: under the Laws of the .State of Florida, hereinafter referred to as the CITY. RECITALS: WHEREAS,. the DEPARTMENT has. jurisdiction and maintains the SR 5 in the CITY; and; WHEREAS, the DEPARTMENT, as part of the continual. updating of the State of Florida Highway System and for the purpose of safety, has created roadside areas and median strips on the State Highway System within the corporate limits of the CITY; and WHEREAS, the DEPARTMENT, at the CITY's request; has agreed to reimburse the CITY for the maintenance of turf and. landscape, hereinafter referred to as the `PROJECT', and WHEREAS, the CITY recognizes that sad..medan strips and roadside areas contain turf and landscape, which . shall be maintained ,in accordance with Exhibit "A"; `Maintenance Responsibilities', which is herein incorporated by reference; and WHEREAS, the DEPARTMENT has programmed funding for the. PROJECT under Financial Project Number 407334-2-78-01, and has agreed to reimburse the CITY for turf and landscape maintenance elements. which are outlined in the attached Exhibit "B", `Project Limits & Financial. Summary'; which is herein incorporated by reference; and WHEREAS, the parties hereto mutually recognize the need for entering. into an Agreement designatingand setting forth the responsibilities of each party; anal WHERAS, the parties are autfiorized to enter into this Agreement pursuant to Section 339.08(e) and 339.12, Florida Statutes (F.S.); NOW, THEREFORE, in consideration of the premises, the mutual covenants: and other valuable considerations contained herein, the receipt and sufficiency of which are acknowledged, the parties agree as follows: Turf and Landscape Ivtaintenance Joint Participation Agreement between the Florida Department of Transportation and the CITY OF AVENTUTiA Financial Project #407334-3.78-01 Page l of 11 1. INCORPORATION OF RECITALS The foregoing recitals are true and correct. and are incorporated 'into the body of this .Agreement, as if fully set forth herein. 2. GENERAL REQUIREIv1ENTS a: The CITY shall submit this Agreement to its CITY Commission/Couneil for ratification or approval by resolution. A copy of said resolution is attached hereto as Exhibit "C", `CITY'S Resolution', and is herein incorporated by reference.. b. The CITY shall utilize the U:S. Department of Homeland, Security's E-Verify system,. in accordance with the terms governing use of the system, to confirm the employment eligibility of: i. all persons employed by the CITY during the term of this Agreement to perform employment duties within Florida; and ii. all persons,. including subcontractors, assigned by the CITY to perform work pursuant to this Agreement with the DEPARTMENT. c. The CITY shall nat commence the PROJECT until a Notice to Proceed has been provided from the DEPARTMENT, which shall become. the effective date of this. Agreement and shall not precede the date provided on page one (1) of the Agreement: d. The CITY shall be responsible for the maintenance of all areas that have turf and landscape within the DEPARTMENT's right-of--way as described in Exhibit "A", `Maintenance Responsibilities': e, The CITY shall be responsible. for performing the .required maintenance with a minimum frequency of twelve (12) times per year. f. All turf and, landscape maintenance .shall be in accordance with the atest edition of the State of Florida "Guide-for Roadside Mowing" and the latest edition of the "Maintenance Rating Program". g. The. CITY shall submit a work schedule to the DEPARTMENT. In addition, before the CITY starts the. work, the DEPARTMENT shall be notified, via fax, of the state road(sj and the day(s) in which the CITY will be working. The fax shall be sent to the attention of the North Miami-Dade Maintenance. Engineer, at 305- 305-650-0067. h. The. CITY shall not: be responsible for the clean-up; removal and disposal. of debris from the DEPARTMENT'S right of way following a natural disaster (i.e: ,, hurricane, tornados, etc.). However, the cost of any cycle or part thereof impaired Turf and Landscape Maintenance Joint Pariicipa6on Agreement between the Florida Department of Transportation and'the CITY OF AVI:NT'URA Financial Project # 4©7334-2-78-01 Page2ofll by any uch event may be deducted from the DEPARTMENT's affected quarterly payment to the CITY. i. It is understood between the parties hereto that all 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. 3. FINANCIAL PROVISIONS a. Eligible PRQJECT costs may not exceed EIGHT THOUSAND. SIX HUNDRED SEVENTY SEVEN DOLLARS WITH THIRTY TWO CENTS. ($8,677.32), as outlined in Exhibit "B", `Project Limits & Financial Summary.'. b. The DEPARTMENT. agrees to pay the. CITY for the herein described services at a compensation as detailed in this Agreement. c. The CITY shall provide the following quantifiable,. measurable and verifiable units of deliverables: Each deliverable must. specify the required. minimum level of service to be performed and the criteria for evaluating successful completion. Said deliverables consists of: i. Small Mowing ii. Edging and Sweeping iii. Litter Rerr~oval iv. Landscape Maintenance d. Invoices shall be submitted by the. CITY iri detail sufficient for a proper pre. -.audit and post audit thereof, based on the quantifiable, measurable and verifiable units of deliverables as established in Section a above and Exhibit "B:. Deliverables must be received and accepted in writing by the. DEPARTMENT's Project Manager prior to payments. e: Supporting documentation must. establish that the deliverables were received and accepted in writing by the CITY and that the required minimum Ievel of service to be performed based on the criteria for evaluating successful completion as specified in Section "C"has been met. f. Travel costs will not be reimbursed. g. CITY providing goods. and services to the. DEPARTMENT should be aware of the following time frames. Upon receipt, the DEPARTMENT has five (S) working days to inspect and.. approve the, goods and .services. The DEPARTMENT has twenty (20) days to deliver a, request for payment (voucher) Turf and Landscape Maintenance Joint Participation Agreement between the Florida Department of Transportation and the CITY OF AVENTURA Financial Project # 447334-2-78-01 Page 3 of I 1 to the Department of Financial Services. The twenty (20) days are rneasured from the .latter of the date the- invoice is received or the goods or services are received, inspected, and approved. h. If a payment is not available within forty (40) days, a separate interest penalty at a rate as established pursuant to Section SS:03(1), F:.S., will be due and payable, in addition to the invoice amount, to the CITY. Interest penalties of less than one (l) dollaz will not be enforced unless the CITY requests payment. Invoices have to be returned to a CITY because of CITY 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. i. A Vendor Ombudsman has been established within the- Department of Financial Services. The Duties. of this individual include a,eting as. an advocate for the CITY who may be experiencing problems in :obtaining timely payment(s) frorn a state agency. The Vendor Ombudsman may be contacted at 850-413-5.516. j. 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 arid. for .five (Sj years: after final payment is made.. Copies of these documents and records shall be furnished to the DEPART1vIENT upon request. Records, of"costs. incurred include the CITY's general accounting records and the project records, together with supporting docurrlents 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. k. In the event this contract 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 aze 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.l 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 TWENTY FIVE THOUSAND DOLLARS ($25,000.00) and which have a term for a period of more than 1 year." Turf and Landscape.Maintenancejolnt Participation Agreement between the Florida Department of Transportation and the CITY OF AVENTURA Financial Project #407334-2-78-01 Page 4 of 11 1. The DEPARTMENT'S obligation to pay is contingent upon. an annual appropriation by the Florida Legislature. 4. COMMUNICATIONS a. All notices, requests, demands, consents, approvals and other communications which are required to be served or-given hereunder,- shall be in writing and hand- delivered or sent by either registered 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 NW 1 l la' Avenue, Room b205 Miami, FL 33172-5800 Attention: District Maintenance Engineer To CITY: Mr. Eric M. Soroka City Manager CITY OF AVENTURA 19200 West Country Club Drive Aventura, Florida 33 i 80 5. INVOICING a. The CITY shall submit quarterly .invoices for DEPARTMENT review, approval, and- payment in .accordance with this. Agreement.. Quarterly payments xvill be made upon invoice approval. in an amount not. to exceed ane fourth of the eligible PROJECT costs. All cost charged to t]ie PROJECT, including any approved services contributed by the CITY or others, shall be supported by properly executed payroll,. time records, invoices, contracts or vouchers evidencing in proper detail: the. nature and proprietyof the charges: b. In .the event temporary work by the DEPARTIVIENT's forces or by other Contractors temporarily prevent the CITY from performing the work described in this Agreement, the DEPARTMENT shall deduct ftom the affected quarterly payment(s) the acrt age affected area and only compensate the CITY for the actual work if performs. i. The DEPARTMENT shall initiate this procedure only if the temporary work is fora period of one (1) month or longer. Adjustment to the. CITY'S payment shall also be done as noted in Section 2(g). In the event this Agreement is terminated as established in Section 8 herein, no payment will. be prorated for -the quarter in which termination occurs for the work that :has been completed. 6. MAINTENANCE DEFICIENCIES If the District Maintenance Engineer determines that the CITY is not accomplishing its Turf-and Landscape Maintenance Joint Participation Agreement between the Florida Department of Transportation and the CITY of AVENTURA Financial Project # 407334-2-78-ot Page 5 of 1 l ,,. responsibilities under this Agreement, said. District. Maintenance Engineer may issue written notice, in care of the 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. 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 b. Terminate this Agreement. 7. EXPIRATION/RENEWAL This. Agreement: is for a term of one (1) year beginning on the date provided in the Notice to Proceed; and may be renewed twice, only if mutually agreed to in writing by the DEPARTMENT' and the CITY. Any such renewal shall be subject to the same terms and conditions set forth in this Agreement, and shall be contingent upon. both satisfactory CITY performance evaluations by the DEPARTMENT and the availability of funds. This Agreement may be extended if mutualy agreed 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: There shall be only one (1) extension of this Agreement. 8. TERMINATION This. Agreement or part hereof,. is subject to termination under any one of the following condtions:- a. In the event the DEPARTMENT exercises the option. identified by Section 6 of this Agreement. b. As mutually agreed by-both parties. c. In accordance with Section 287.058(1)(c), F.S., 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, letter, orother materials made or received by the CITY pertinent to this Agreement which aze subject to provisions of Chapter 1 i 9, of the F.S. 9. ENTIRE AGREEMENT This Joint Participation Agreement is the entire Agreement between the parties hereto, and it may be modified or amended only by mutual consent of the parties in writing. Turf and Landscape Maintenance Joint Participation Agreement between the Florida Department of Transportation and the CITY OF AVENTIJRA Financial Project # 40334-2-78-01 Pagc 6 of 11 10. GOVERNING LAVA This Agreement shall be governed and construed in accordance with the. laws of the State of Florida. 11. AMENDMENT This: Agreement may be amended by mutual agreement of the DEPARTMENT and the CITY expressed in writing, executed and delivered. by each party. 12. INVALIDITY If any part of this Agreement shall be determined to be invalidor unenforceable, the remainder of this Agreement shall not be affected thereby, if such remainder continues to conform to the terms and requirements of applicable law. Turf and Landscape Maintenance Joint Participation;Agreement between the Florida Department of Transportation and the CITY OF AVENTUI2A Financial Project N 407334-2-78-01 Page 7 of 71 IN WITNESS WHEREOF, the parties hereto have execu#ed this Agreement, on the day and year above written. CITY OF AVENTURA: STATE OF FLORIDA, DEPARTMENT OF TRANSPORTATION: BY: CITY MAYOR/MANACER BY: DISTRICT :SECRETARY ATTEST: ATTEST:. (SEAL) CITY CLERK (SEAL) EXECUTIVE SECRETARY LEGAL REVIEW: CITY ATTORNEY DISTRICT CHIEF COUNSEL Turf and Landscape.Maintenance Joint Participation Agreement between the Florida 1)bpartment of Transportation and the CITY OF AVEN'fURA Financial Project ii 407334-2-78-01 Page 8 of 11 Exhibit "A" Maintenance Responsibilities The CITY shall be responsible for the maintenance of all turf and landscape areas within the DEPARTMENT'S right of way on SR 5, as described~below: a. 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 1vlowing" and the latest edition of the "Maintenance Rating Program". b. Properly .prune all. plants,. which include,. but not limited to, 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.. c. Remove and properly dispose of litter. from. roadside and median strips. d: Remove and properly dispose. of dead, diseased or otherwise deteriorated plants in their entirety. e. All. work by the CITY shall be executed on the roadway under a traffic. control plan in accordance with DEPARTMENT'S latest edition of the "FDOT Design Standards". FDOT Financial Project Number:. 407334-2-78-01 County: Miami-Dade FDOT Project Manager: Guy Gladson, P.E, Tel: 305-654-7163 CITY Project Manager: Mr. Eric. M. Soroka Turf and Landscape Maintenance Joint Participation Agreement between the Florida Department of Transportation and the CITY OF AVENTURA Financial ProjecK # 40733d-2-78-01 Page 9 of 11 Exhibit "B" Project. Limits & Financial Summary Below aze the PROJECT limits and acreage of the azeas to be maintained- by the CITY OF AVENTURA under this ,Agreement. ~_ o ~~ ~,~, 1, ,il' ~}~~ SeY ~4~ ~~ Y" K, i` 5 Biscayne,Blvd. Oleta River Miami Dadeli3roward County Line {~. ~,:r~f; 7 y F. 7 r. h~' R W~~, ~ ~ ~ ~ f ' ~~ ~ \e Vn ~. ~ ~,+ ~~ ~ ,: t .. ~ . r ... ,., .:... ," ~, .. , ~ry S ...., Mowing sma4 machine (E104 0:78 12 .9.360 $1:06,54 $997.21 43 Litter Removal 0.78 12 9.360 $6 47 $60 56 E110 30 . . Edging 8~ Sweeping 0.99 12 11.880 $248 50 $2952 18 E11D 321 . . Landscape Maintenance 0.128- 12 1.536 $3038.65 $4667.31 E580 3 2 $8,677.32 TOTAL ANNUAL AMOUNT ELIGIBLE FOR REIMBURSEMENT: $ 8,b77.32 Turf and Landscape Maintenance Joint Participation Agreement between the Florida Department of Transportation and the CITY OF AVENTUI2A Financial Project # 407334-2-78-01 Page 10 of I I Exhibit "C'' City Resolution To be herein incorporated once approved by the CITY Commission/Council. Turf-and Landscape Maintenance Joint Participation Agreement between the Florida Department ofTransporcation and the rrITY OF AVI;NTU1tA Financial Project # 407334-2-78-01 Page 1 I of 11