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2005-001 RESOLUTION NO. 2005-01 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA AUTHORIZING THE CITY MANAGER TO EXECUTE THE ATTACHED JOINT PROJECT AGREEMENT FOR STREET LIGHTING IMPROVEMENTS ALONG THE WESTBOUND AND EASTBOUND FRONTAGE ROADS OF THE WILLIAM LEHMAN CAUSEWAY 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 FORAN EFFECTIVE DATE. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, THAT: Section 1. That the City Manager is hereby authorized to execute the attached Joint Project Agreement for Street Lighting Improvements along the frontage roads of the William Lehman Causeway by and between the City of Aventura and the Florida Department of Transportation. Section 2. That the City Manager is hereby authorized to do all things necessary and expedient 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 Grossman, who moved its adoption. The motion was seconded by Commissioner Diamond, and upon being put to a vote; the vote was as follows: Commissioner Zev Auerbach Commissioner Jay R. Beskin Commissioner Bob Diamond Commissioner Manny Grossman Commissioner Harry Holzberg Vice Mayor Ken Cohen Mayor Jeffrey M. Perlow yes yes yes yes yes yes yes Resolution No. 2005-01 Page 2 PASSED AND ADOPTED this 4th day of January, 2005. APPROVED AS TO LEGAL SUFFICIENCY: H~ CITY ATTORNEY JOINT PROJECT AGREEMENT BETWEEN STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION AND CITY OF A VENTURA THISAGREEMENTismadeandenteredintothis~dayof ~"up.rt? ' 2005, between the State of Florida Department of Transportation, a component agency of e State of Florida, hereinafter referred to as the 'DEPARTMENT', and the City of Aventura, a municipal corporation of the State of Florida, hereinafter referred to as the 'CITY'. RECITALS: WHEREAS, the DEPARTMENT, under state Financial Project ID #415438-1-58-01, has drafted lighting contract plans for improvements on State Road 856, William Lehman Causeway: Frontage Loop 101 (south side) and Frontage Loop 102 (north side), hereinafter referred to as the 'PROJECT', and, the individual elements of which are outlined in the attached Exhibit "A", 'Scope of Services', which is incorporated herein by reference; and WHEREAS, the CITY has agreed to supervise and inspect all aspects of PROJECT construction and administration; and WHEREAS, the CITY would like to replace the standard light poles included in the PROJECT with more expensive decorative light poles; and WHEREAS, the DEPARTMENT has agreed to reimburse the CITY for eligible PROJECT costs, exclusive of the difference in price between the decorative and standard light poles, and, as outlined in the attached Exhibit "Boo, 'Financial Estimate', which is incorporated herein by reference; and WHEREAS, the parties are authorized to enter into this Agreement pursuant to Section 339.08(e) and 339.12, Florida Statutes; NOW, THEREFORE, in consideration of the premises, the mutual covenants and other valuable considerations contained herein, the receipt and sufficiency of which are hereby acknowledged, the parties agree as follows: 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. Page 1 of9 Joint Project Agreement between the Florida Department of Transport ad on and the City of Aven,"ra. Financial Project ID #415438-1-58-01 2. GENERAL REQUIREMENTS a. The CITY shall submit this Agreement to its City Commission for ratification or approval by resolution. A copy of said resolution is attached hereto as Exhibit "COO, 'Resolution', and is incorporated herein by reference. b. The CITY will provide the DEPARTMENT with a letter approving the lighting contract plans for the PROJECT. Said letter is attached hereto as Exhibit "D", 'Plans Approval Letter', and is incorporated herein by reference. c. The DEPARTMENT will provide the CITY with the required number of certified and permitted sets of lighting contract plans and construction documents prior to the CITY's construction bid advertisement. d. The CITY will advertise for bid, let the construction contract, administer, supervise and inspect all aspects of PROJECT construction until completion. All aspects of PROJECT construction and administration are subject to DEP AR TMENT standards and specifications and must be in compliance with all governing laws and ordinances. e. PROJECT costs eligible for reimbursement under this Agreement are itemized in Exhibit "Boo, 'Financial Estimate'. 3. FINANCIAL PROVISIONS a. Eligible PROJECT costs may not exceed FIVE HUNDRED THIRTY-SEVEN THOUSAND TWO HUNDRED THIRTY-EIGHT DOLLARS ($537,238.00), as outlined in Exhibit "Boo, 'Financial Estimate'. If additional funding is required, contingent upon DEPARTMENT approval, a supplemental agreement between the DEPARTMENT and the CITY authorizing the additional DEPARTMENT funding shall be executed prior to such costs being incurred. b. The DEPARTMENT agrees to pay the CITY for the herein described services at a compensation as detailed in this Agreement. c. Payment shall be made only after receipt and approval of goods and services unless advance payments are authorized by the State Comptroller under Section 215.422(14), Florida Statutes, or by the Department's Comptroller under Section 334.044(29), Florida Statutes. d. Bills for fees or other compensation for services or expenses shall be submitted in detail sufficient for a proper preaudit and postaudit thereof. e. Travel costs will not be reimbursed. Page 2 of9 Joint Project Agreement between the Florida Department of Transportation and the City of Aventura. Financial Project ID #415438-1-58.01 f. 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 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 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 DEP AR TMENT for a proper audit of costs. g. Nothing in this Agreement shall be construed to violate the provisions of Section 339.135 (6) (a), Florida Statutes, 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 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 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 for an amount in excess of TWENTY FIVE THOUSAND DOLLARS ($25,000.00) and which have a term for a period of more than one year. h. The DEPARTMENT's obligation to pay is contingent upon an annual appropriation by the Florida Legislature. 4. INDEMNIFICATION To the extent permitted by Section 768.28, Florida Statutes, the parties agree to indemnifY each other for liability due to any act or omission, neglect or wrongdoing of a party or any of its officers, agents or employees. Further, the parties agree to defend each other against any and all such claims or demands which may be claimed and have arisen as a result of or in connection with the parties' participation in this Agreement. Nothing contained herein shall be construed to contradict the provisions of Section 768.28, Florida Statutes, nor shall this Section be construed to require either party to indemnifY the other for the negligent acts of the other. 5. GOVERNING LAW This Agreement shall be governed and construed in accordance with the laws of the State of Florida. Page 3 of9 Joint Project Agreement between the Florida Department of Transport ad on and the City of Aventura. Financial Project lD #415438-1-58-01 6. AMENDMENT This Agreement may be amended by mutual agreement of the DEPARTMENT and the CITY expressed in writing, executed and delivered by each party. 7. INVALIDITY If any part of this Agreement shall be determined to be invalid or 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. 8. 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, or by electronic mail (e-mail) as described below in paragraph 8.c, addressed to the party to receive such notices as follows: To DEPARTMENT: Florida Department of Transportation 1000 Northwest III Avenue, Room 6137 Miami, Florida 33172-5800 Attn: Kenneth Robertson, JP A Coordinator Ph: (305) 470-5452; Fax: (305) 470-5552 To CITY: City of A ventura Government Center 19200 West Country Club Drive A ventura, Florida 33180 Attn: Antonio Tomei, Capital Projects Mgr. Ph: (305) 466-8923; Fax: (305) 466-8939 Federal Employer ID # (FEIN): 23-44-454070-54C b. Either party may, by notice given as aforesaid, change its address for all subsequent notices. Notices given in compliance with this section shall be deemed given when placed in the mail. c. Electronic mail (e-mail) communications to and from the DEPARTMENT regarding this Agreement, retum receipt requested, are acceptable if addressed to or received from the two e-mail addresses below listed. Changes to these e- mail addresses, if any, shall be issued by the DEPARTMENT to the CITY in writing: Page 4 of9 Joint Project Agreement between the Florida Department of Transportadon and the City of Aventura. Financial Project ID #415438-1-58-01 1. JP A Coordinator: 2. Project Manager: 9. EXPIRATION OF AGREEMENT Kenneth.Ro bertson<ãJ.dot. state. fl. us Edward. P erez2(ã)dot. state. fl. us The CITY agrees to complete the PROJECT on or before June 30. 2006. If the CITY does not complete the PROJECT within this time period, this Agreement will expire unless an extension of the time period is requested by the CITY and granted in writing by the DEPARTMENT's District Six Secretary or Designee. Expiration of this Agreement will be considered termination of the PROJECT. 10. FINAL INVOICE The CITY must submit the fmal invoice on this PROJECT to the DEPARTMENT within 120 days after the expiration of this Agreement. Invoices submitted after the 120-day time period will not be paid. 11. ENTIRE AGREEMENT This Joint Project 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. IN WITNESS WHEREOF, the parties hereto have executed this Agreement, on the day and year above written. CITY OF A VENTURA: BY: ~ ATTEST: (SEAL) STATE OF FLORIDA, DEPARTMENT OF TRANSPORTATION: BY~.~. . TRIfTSE TAR ATTES~+ (SEAL) CUTIVE S ÄRY LEGAL REVIEW: N~ CITY ATTORNEY Qn O~ 12- DISTRICT GENERAL COUNSEL Page 5 of9 Joint Project Agreement between the Florida Department of Transportation and the City of Aventura. Financial Project ID #415438-1-58-01 EXHIBIT "A" SCOPE OF SERVICES The DEPARTMENT has drafted lighting contract plans for a new lighting system on State Road 856, William Lehman Causeway. This new lighting system will improve ambiance, safety and night visibility for pedestrian / residential traffic. The CITY will manage and inspect all aspects of PROJECT construction and administration until the PROJECT is completed. PROJECT Limits: State Road 856, William Lehman Causeway: Frontage Loop 101 (south side) and Frontage Loop 102 (north side), from approximately Mile Post .577 to approximately Mile Post 1.125. FDOT Financial Project ID: 415438-1-58-01 COUNTY: Miami-Dade DEPARTMENT Project Manager: Edward Perez-Maspons, P.E. CITY Project Manager: Antonio F. Tomei Page 6 of9 Joint Project Agreement between the Florida Department of Transportation and the City of Aventura. Financial Project ID #415438-1-58-01 EXHIBIT "B" FINANCIAL ESTIMATE All eligible PROJECT costs are itemized in the attached 'Florida Department of Transportation Financial Summary of Items' for 415438-1-58-01, which is herein incorporated by reference. The DEPARTMENT's responsibility for reimbursement to the CITY is calculated as follows: DEPARTMENT's Portion for Reimbursenient: $537,238.00 CITY's Financial Responsibility: $126,000.00 + Total PROJECT Cost Estimate: $663,238.00 The CITY's financial responsibility is calculated based on the difference in price between the decorative and standard light poles as follows: Standard light poles Quantity Unit Price 63 (x) $3,500.00 63 (x) $1,500.00 Total Description Decorative light poles $220,500.00 $94,500.00 Price Difference: $126,000.00 CITY's Financial Responsibility: $126,000.00 ;--- ~ Page 7 of9 Joint Project Agreement between the Florida Department of Transportation and the City of Aventura. 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Page 8 of9 Joint Project Agreement between the Florida Department of Transportadon and the City of Aventura, Financial Project ID #415438-1-58-01 EXHIBIT "D" Plans Approval Letter Said letter will be herein incorporated once the lighting contract plans receive final approval from the CITY. Page 9 of9 Joint Project Agreement between the Florida Department of Transport ad on and the City of Aventura, Financial Project ID #415438-1-58-01 Ç.'.~ ,e;/T "D'! City of Aventura Government Center 19200 West Country Club Drive Aventura, Florida 33180 Office of the City Manager January 10, 2005 Mr, Kenneth Robertson, Joint Project Agreement (JP A) Coordinator Florida Department of Transportation-District 6 IOOONW 111 Avenue, Room 6137 Miami, FL 33172-5800 RE: Plans Approval Letter-William Lehman Causeway/State Road 856 Frontage Loop Street Lighting Project-Financial Project ill 415438-1-52-01 Dear Mr, Robenson: Please consider this correspondence attachment to EXHIBIT "D", Plans Approval Letter, as required under item 2.a of the Joint Project Agreement between State of Florida Department of Transportation and the City of Aventura. The City's Chief Electrical Inspector has reviewed and approved the lighting contract plans pertaining to the above referenced project. Sincerely, ~tJ~ Antonio F. Tomei Capital Projects Manager cc: Eric M, Soroka, City Manager Elio Alvarez, Chief Electrical Inspector, City of Aventura PHONE: 305-466-8910 . FAX: 305-466-8919 www.cityofaventUra.com