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2002-029RESOLUTION NO. 2002-29 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA AUTHORIZING THE CITY MANAGER TO EXECUTE THE ATTACHED JOINT PROJECT AGREEMENT FOR HIGHWAY LANDSCAPING IMPROVEMENTS ALONG BISCAYNE BOULEVARD PHASE 7 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 Joint Project Agreement for Highway Landscaping Improvements along Biscayne Boulevard Phase Seven by and between the City of Aventura and the Florida Department of Transportation. 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 Holzberg, who moved its adoption. The motion was seconded by Commissioner Cohen and upon being put to a vote; the vote was as follows: Commissioner Jay R. Beskin Commissioner Ken Cohen Commissioner Manny Grossman Commissioner Harry Holzberg Commissioner Patricia Rogers Libert Vice Mayor Arthur Berger Mayor Jeffrey M. Perlow yes yes yes yes yes yes Resolution No. 2002-_Z~ Page 2 PASSED AND ADOPTED this 7th day of May, 2002. ,~E'FFREY I~ PERLOW,~"I~'A~OR TEI~E,~A M. SO~O~, Clf/IC ClT¥'CLERK ~ APPROVED AS TO LEGAL SUFFICIENCY: CITY ATTORNEY J.P.A. No. State Project No. W.P.I. NO. F.M. NO. STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION JOINT PROJECT AGREEMENT FOR HIGHWAY LANDSCAPING THIS AGREEMENT, 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 called the "DEPARTMENT", and the CITY OF AVENTURA, a mtmicipal corporation of the State of Florida, existing under the Laws of the State of Florida, hereinafter called the "CITY". WlTNESSETH WHEREAS, as 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 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 purpose of this agreement is to allow the CITY to prepare plans and specifications and install landscaping and irrigation within the DEPARTMENT'S right-of-way. 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 ., 20 , 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 RESPONSIBILITY 1.2. The CITY has provided the DEPARTMENT with landscaping plans and the DEPARTMENT has issued the CITY a permit for the plans and both the plans and the permit are included as Attachment "C", which by reference hereto shall become a part hereof, for the DEPARTMENT'S right-of-way within the limits of the assigned location. The CITY shall not change said plans without prior written approval from the DEPARTMENT. The CITY warrants that said plans, at a minimum, comply with the Chapter 14-40, Part I, Florida Administrative Code, and the Department's Roadway and Traffic Design Standards and Plans Preparation Manual, and that the installed landscaping and irrigation shall remain in compliance therewith throughout the term of this Agreement. The CITY shall provide the DEPARTMENT accurate as built plans so if in the furore there is a need for the DEPARTMENT to perform work in the area accommodations can be made as much as possible. J.P.A. No. State Project NO. W.P.I. No. F.M, NO. 1.4. During the installation of the project and future maintenance operations the CITY shall perform maintenance of traffic in accordance with the 1988 edition of the MUTCD and the current DEPARTMENT Roadway and Traffic Design Standards. If there is a need to restrict the normal flow of traffic it shall be done on offpeek hours. The CITY shall provide the local maintenance office located at 1655 NE 205m Terrace North Miami Beach, phone: (305) 654-7163, a twenty-four (24) hour telephone number and the name of a responsible person that the DEPARTMENT may contact. The CITY shall notify the local maintenance office forty-eight (48) hours prior to the start of the project. The CITY shall be responsible to clear all utilities within the project limits. If it becomes necessary to provide utilities to the median or side areas (water/electricity) it shall be the CITY'S responsibility to obtain a permit for such work through the local maintenance office. 1.7. The CITY shall not commence the work described in this Agreement until it has all necessary permits to perform the work at the location. The CITY shall not allow landscaping to obstruct roadside signs or permitted outdoor advertising signs. The CITY shall maintain records of costs incurred under the terms of this Agreement and shall make them 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 CITY and all subcontractors performing work on the project, and all other records of the CITY and subcontractors considered necessary by the DEPARTMENT for a proper audit of costs. An independent Turf and Landscape Maintenance Memorandum of Agreement for the site described in Attachment 'A' is executed between the CITY and the DEPARTMENT. All maintenance costs associated with maintaining the landscaping installed in accordance with this Agreement shall be the sole responsibility of the CITY. Said maintenance agreement may include reimbursement to the CITY for maintenance of only sod within the project limits. 1.10. The CITY shall remove or replace dead or diseased plant materials in their entirety, or remove or replace those that fail below original project standards. All plant materials removed or replaced for whatever reason shall be replaced by plants of the same size and grade as specified in the original plans and specifications. J.P.A. NO. State Project No. W.P.I. NO. FoM. No. 1.11. 1.12. To the extent permitted by law, the CITY shall indemnify and hold harmless the Department, its officers and employees from all suits, actions, claims and liability arising out of the CITY'S negligent performance of the work under this Agreement, or due to the failure of the CITY to construct or maintain the project in conformance with the standards described in Sections 1 and 2 of this Agreement. The CITY may construct additional landscaping within the limits of the right-of-way identified as a result of this document, subject to the following conditions: (a) (b) (c) (d) Plans for any new landscaping shall be subject to approval by the DEPARTMENT. The CITY shall not change or deviate from said plans with out written approval by the DEPARTMENT. All landscaping shall be developed and implemented in accordance with appropriate State safety and road design standards. The CITY agrees to comply with the requirements of this Agreement with regard to any additional landscaping installed. No change will be made in the payment terms established under item number four (4) of this Agreement due to any increase in cost to the CITY resulting from the installation of landscaping added under this item. MAINTENANCE 2.1. The CITY agrees to maintain the landscaping and irrigation within the median and areas outside the travel way to the right-of-way line, excluding sidewalk and crosswalks, unless constructed with other than concrete or asphalt at the CITY'S request, by periodic trimming, cutting, mowing, fertilizing, litter pickup and necessary replanting, following the DEPARTMENT'S landscape safety and plant care guidelines. The CITY'S responsibility for maintenance shall include all landscape and turf areas and areas covered with interlocking pavers or similar type surfacing (hardscape) within the median, crosswalks, and areas outside the travel way to the right-of-way line on Department of Transportation right-of-way within the limits of the Project. FUTURE CRITERIA OR PLANNING 3,1. It is understood between the parties hereto that the landscaping subject to this Agreement may be removed, relocated or adjusted at any time the DEPARTMENT deems necessary 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 CITY shall be given sixty (60) calendar days notice to remove said landscaping/hardscape after which time the DEPARTMENT may remove the same and any mitigation required for remaining landscape/hardscape shall be the responsibility of the CITY. J.P.A. No. state Project No. W.P.I. No. F.M. No. METHOD OF COMPENSATION 4.1. The DEPARTMENT will reimburse the CITY in a lump sum um0unt not to exceed Eight Hundred Thousand Dollars ($800,000) for the CITY to prepare plans and specifications and install landscaping and irrigation, bring lighting from the road into the medians (with the approval of the DEPARTMENT), and to perform such in accordance with the permitted plans and specifications. 4.2. The CITY agrees to return all monies received under the terms of this Agreement, to the DEPARTMENT, should the landscaped area fail to be maintained in accordance with the terms and conditions of this Agreement. 4.3. The DEPARTMENT'S participation in this project cost is limited to only those items that are directly related to this project. Payment shall not be made until (1) certification of completion and a invoice marked "final" is received from the CITY and (2) certification of acceptance is received from the CITY'S Landscape Architect/or designee and (3) a DEPARTMENT Landscape Architect and/or his designee has approved the project for final payment. 4.4. Payment shall be made only after receipt and approval of goods and services as provided in Section 215.42, Florida Statutes. 4.5. Any penalty for delay in payment shall be in accordance with Section 215.422(3)(b), Florida Statutes. 4,6. 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. 5. TERMS 5.1. The terms of this Agreement shall cormuence when the DEPARTMENT issues the CITY a Notice to Proceed. 5.2. The term of this Agreement is two years from the date noted in the notice to proceed. 5.3. The DEPARTMENT'S obligation to pay under this section is contingent upon an annual appropriation by the Florida Legislature. 5.4. This writing embodies the entire Agreement and understanding between the parties hereto and there are not other agreements and understanding, oral or written reference to the J.P.A. NO. State Project NO. W.P.r. No. F.M. No, 5.5. 5.6. 5.7. subject matter hereof that are not merged herein and superseded hereby. This Agreement is not transferable and nonassignable in whole or in part without prior written consent of the DEPARTMENT. This Agreement, regardless of where executed shall be governed by, and construed according to the laws of the State of Florida. Nothing in this Agreement shall be construed to violate the provisions of Section 339.135(6)(a), 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. TERMUNATION 6.1. This Agreement or part thereof is subject to termination under any one of the following conditions: (a) Within thirty (30) days following mutual written consent by both parties. (b) By the DEPARTMENT, if the CITY fails to perform its duties under Paragraph 2, following ten (10) days written notice. (c) By the DEPARTMENT, for refusal by the CITY 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 Florida Statutes. J.P.A. No. State Project No. W.P.I. NO, F.M. No. IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed the day and year first above written. CITY OF AVENTURA STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION City Mana~// ATTEST: ~ld~0_ By: District Secretary (SEAL) ATTEST: (SEAL) Executive Secretary APPROVED AS TO LEGAL FORM: City Attorney District General Counsel J.P.A. No. State Project No. W.P.I. No. F.M. No. ATTACHMENT "A" PROJECT LOCATION Listed below is a description of the project location and limits to be covered by this Agreement, attached hereto and incorporated herein. US HIGHWAY #1/STATE ROAD #5/BISCAYNE BOULEVARD FROM: NE 199th Street TO: NE 210tb Street J.P.A. No. State Project No. W.P.I. No. F.M. NO. ATTACHMENT "B" CITY RESOLUTION City of Aventura Resolution No. dated ,20__, attached hereto and incorporated herein. J.P.A. No. State Project No. W.P.I. NO. F.M. NO. ATTACHMENT "C" PERMITTED PLANS The DEPATPMENT agrees to reimburse the CITY for the installation of the project as reflected in the permitted plans, attached hereto and incorporated herein.