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98-090 RESOLUTION NO. 98-90 A RESOLUTION OF THE CITY COMMSSlON OF THE CITY OF AVENTURA, FLORIDA AUTHORIZING THE CITY MANAGER TO EXECUTE THE ATTACHED REIMBURSEMENT AGREEMENT FOR LEHMAN CAUSEWAY SAFETY IMPROVEMENTS BY AND BETWEEN THE CITY OF AVENTURA AND STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION; AUTHORIZING THE CITY MANAGER TO DO ALL THINGS NECESSARY TO CARRY OUT THE AIMS OF THIS RESOLUTION; AND PROVIDING 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 Reimbursement Agreement for Lehman Causeway Safety Improvements by and between the City of Aventura and the State of 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. Section3. This Resolution shall become effective immediately upon its adoption. The foregoing Resolution was offered by Commissioner Beskin, who moved its adoption. The motion was seconded by Commissioner Cohen, and upon being put to a vote, the vote was as follows: Commissioner Arthur Berger yes Commissioner Jay R. Beskin yes Commissioner Ken Cohen yes Commissioner Jeffrey M. Perlow yes Commissioner Patricia Rogers-Libert absent Vice Mayor Harry Holzberg yes Resolution No. 98-'~o Page 2 Mayor Arthur I. Snyder PASSED AND ADOPTED this 17th day of November, 1998. "A15,-I~'H [.J R~. S N'~¢I~ E R /IAYOR ATTEST: TERESA M. SMITH, CMC CITY CLERK APPROVED AS TO LEGAL SUFFICIENCY: CITY ATTORNEY EMS/tms City of Aventura W.P.I. 6114421 SR 856 Lehman Causeway Dade County REIMBURSEMENT AGREEMENT between the THE FLORIDA DEPARTMENT OF TRANSPORTATION and CITY OF AVENTURA THIS AGREEMENT, entered into this __ day of 1998, between the State of Florida, Department of Transportation, 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". WITNESSETH WHEREAS, the parties mutually agree that it is in their joint best interest and the public's best interest to cooperatively fund and construct a physical barrier between the frontage road and the bike/pedestrian path around the Turnberry Golf Course; and WltEREAS, the parties are authorized to enter into this agreement under the provision of Section 339.08 (2) (h), Florida Statutes (1997); and NOW THEREFORE, in consideration of the covenants contained herein, the parties agree to the following: 1. The City has prepared the Construction Plans and Specifications at its own expense. 2. The Department has advertised the construction of the Project, as described in Exhibit "A' attached hereto and by this reference made a part thereof. Subsequent to the evaluation of the bids by the Department and determination of the apparent low responsive bidder, the Department shall be responsible for awarding the contract for the project. The low bidder amount is $295,993.55. 3. The City agrees that it will, prior to the Department letting the construction contract, pay the Department the lump sum amount of $99,091.45, which is the balance owed when the City's highway demonstration grant ($196,902.00) is subtracted from the lowest bidder ($295,993.55). 3(a). The parties further agree that in the event that the final construction project cost is greater than the herein stated estimated project cost ($295,993.55), the City will reimburse City of Aventura W.P.I. 6114421 SR 856 Lehman Causeway Page 2 of 3 the Department for the amount of money in excess of the estimated project cost, subject to City review and approval of any such excess as been reasonably and necessary. 3(b). Upon final payment to the contractor for the entire project, the Department shall, within one hundred eighty (180) days, furnish the City with two (2) copies of its final and complete billing of all costs incurred in connection with the work performed hereunder. The final billing shall show the description and site of the project; the date on which the first work was performed or the date on which the last work was performed or the last item of billed expense was incurred; and the location where the records and accounts billed can be audited. All cost records and accounts shall be subject to audit by a representative of the City within (3) years after final billing by the Department to the City. 4. In the event it becomes necessapy for either party to institute suit for the enforcement of the provisions of this agreement, the prevailing party shall be entitled to recover reasonable attorney's fees and court costs. In the event of litigation, the parties agree that the law of the State of Florida shall govern this agreement. Venue shall be in Miami-Dade County, Florida. 5. In accordance with the provisions of the Enhancement Project Grant, upon completion of the aforementioned construction project, the City shall be responsible for the perpetual maintenance of the physical barrier to be constructed pursuant to this agreement. 6. The City shall, by the issuance of a resolution by the City Commission ratify this agreement. Such resolution will be hereby attached to this agreement as Exhibits B. 7. 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 11 lth Avenue., Room 6207 Miami, Florida 33172-5800 Attention: Director of Production To City: City of Aventura Government Center 2999 Northeast 191th Street, Suite 500 Aventura, Florida 33180 Attention: City Manager City of Aventura W.P.I. 6114421 SR 856 Lehman Causeway Page 3 of 4 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. 8. This Reimbursement Agreement is the entire agreement between the parties hereto and all previous negotiations leading thereto, and it may be modified or amended only by mutual consent of the parties in writing and evidenced by the District Secretary and the City Commission and spread upon their minutes. 9. 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 fzom 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 for an amount in excess of $25,000 and which have a term for a period of more than one year. IN WITNESS WHEREOF, the parties hereto have executed this Agreement, on the day and year above written. City of Aventura W.P.I. 6114421 SR ~56 Lehman Causeway Page 4 of 4 CITY OF AVENTURA, STATE OF FLORIDA, DEPARTMENT FLORIDA OF TRANSPORTATION BY ITS CITY COMMISSION BY: ~ ~7~ BY: CITY MANAGER. DISTRICT SECRETARY ATTEST: (~-,~ ~ t ~ ATTEST: CITY CLERK EXECUTIVE SECRETARY Approved as to legality: City Attorney's Office FDOT District General Counsel's Office EXHIBIT "A" The project consists of the reconstruction of part of the north frontage road parallel to State Road 856 (Lehman Causeway), between West Country Club Drive and East Country Club Drive. Included is the construction of concrete curb and gutter and drainage system with exfiltration trenches. The length of the project is approximately 2,624 feet.