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99-013RESOLUTION NO. 99-13 A RESOLUTION OF THE CITY COMMSSION 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 FOUR 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 Joint Project Agreement for Highway Landscaping Improvements along Biscayne Boulevard Phase Four 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 Rogers-Libert, who moved its adoption. The motion was seconded by Commissioner Beskin, and upon being put to a vote, the vote was as follows: Commissioner Arthur Berger yes Commissioner Jay R. Beskin yes Resolution No. 99- 1__3 Page 2 Commissioner Ken Cohen ),es Commissioner Jeffrey M. Perlow yes Commissioner Patricia Rogers-Libert Vice Mayor Harry Holzberg Mayor Arthur I. Snyder PASSED AND ADOPTED this 2"d day of March, 1999. ~/R-I'"~ R, MAYOR ATTEST: TERESA M. SMITH, CMC CI~ CLERK APPROVED AS TO LEGAL SUFFICIENCY: CITY ATTORNEY EMS/tins JPA NO. State Projec~ No. WPI Ns. STATE OF FLORIDA DEPARTMENT OF TRi~NSPORTATION JOINT PROJECT AGREEMENT FOR HIGHWAY LANDSCAPING This AGREEHENT, entered into this __ day of 1999, by and between the STATE OF FLORIDA, Department of Transportation, a component agency ef the State ef Florida, hereinafter called the DEPARTMENT, and The CITY OF AVENTURA, an incorporated municipality within the County ef Dado, a political subdivision of the State ef Florida, hereinafter called the CITY. W I T N E S S E T H: 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 various roads of the State Highway System within the corporate limits of the CITY; and, WHEREAS, the CITY has determined that said median strips and roadside areas shall be attractively landscaped with various flora; and, JPA NO. State Project No WPI WHEREAS, the parties hereto recognize into an Agreement designating and responsibilities of each party; and, the need for entering setting forth the WHEREAS, the CITY by Resolution No. adopted on attached hereto as Attachment "A'' and incorporated herein by reference thereto, 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. The CITY shall provide the DEPARTMENT with landscaping plans for the DEPARTMENT's right of-way within the limits of the assigned location. The plans shall be subject to prior written approval by the DEPARTMENT. The CITY shall not change said plans without prior written approval from the DEPARTMENT. Said plans shall, at a minimum, comply with the current DEPARTMENT Standard Index and provide for the maintenance of traffic during construction. Any lane closures must follow current procedures and/or restrictions. 2. The terms of this Agreement shall DEPARTMENT issues the CITY a Notice to Proceed. commence the work described in this Agreement necessary permits to perform the work at the 2 commence when the The CITY shall not until it has all location. The CITY JPA NO. Stat~ Project Ne WPI No. particular site DEPARTMENT shall said landscaping. shall not deviate from the approved plans without prior written approval by the DEPARTHENT. 3. Prior to any landscaping being performed under this Agreement, an independent maintenance agreement shall be executed for the between the DEPARTHENT and the CITY. The not reimburse the CITY any costs of maintaining 4. It is understood between the parties hereto that the landscaping subject to this Agreement may be removed, relocated er adjusted at any time the DEPARTHENT deems necessary in order that the adjacent State road be widened, and maintained to meet with future DEPARTMENT. 5. This Agreement or part thereof is under any one of the following conditions: a. Within thirty (30) days consent by both parties. b. The DEPARTMENT shall altered or otherwise changed criteria or planning of the subject to termination following mutual written 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. 3 JPA NO. State Project Ne. WPI Ne. 6. The term of this Agreement is two years from the date ef execution thereof. 7. This writing embodies the entire Agreement and understanding between the parties hereto, and there are no other agreements, oral or written, regarding the subject matter hereof that are not merged herein. 8. This Agreement is not transferable and may not be assigned, in whole or in part, without prior written consent of the DEPARTHENT. 9. This Agreement shall be governed by and construed according to the laws of the State of Florida. 10. Nothing in this Agreement shall be construed to violate the provisions of Section 339.135(6) (a), Florida Statutes, as amended, which is incorporated herein verbatim 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. 4 !1 The DEPARTMENT will reimourse the CiTY in an amount not T~o ~undred N~nety-two ~housand ~h~Hundred~Do~lar~ ~$292,800) to exceed ~4e~ee Hundred and S-rx~l/--~x lnousan~ ~o±±ars ,~,uu0~ for the CITY he prepare plans arid specifications and install landscaping and irrigation, bring lighting from the road te the medians {with the approval ef the DEPARTMENT), and he perform such in accordance with said plans and specificalizrts. The removal :Df exotic plants, the installation ef landscaping manerials and the irrigation system will require a permit from the DEPARTMENT 12. The DEPARTMENT agrees to pay nhe CITY for the herein described work in the manner as detailed in this Agreement. 13. Payment shall be made only after receipt and apprevai ef goods and services unless advance payments are authorized by the State Comptroller under section 215.422(14), Florida Statutes. 14. If this Contract involves units ef deliverables, such units must be received and accepted in writing by DEPARTHENT'S Contract Manager priar to payments. 15. Bills for fees er other compensation for services then the or expenses shall be submitted in detail sufficient for a proper preaudit and postaudit thereof. 16. The CITY sheu!d be awaze of the fei!owing time frames. Upon receipt, the DEPARTMENT has five (5} working days to inspect and approve the goods and services, unless the Agreement specifies otherwise. The DEPARTHENT has 20 days he deliver a requesu for ~:~ Finance. ~"~ 21 ~oa~nent~ (voucher) to the Deoarmmenn~ ~_'~= B~/ii{ing -~' - 5 JPA NO. State Project No. WPI days are measured from the latter of the date the invoice is received or the goods or services are received, inspected and approved. 17. If a payment ms not available within 40 days, a separate interest penalty at a rate as established pursuant to Section 215.422(3) (b), Florida Statutes, will be due and payable, in addition to the invoice amount, to the CITY. Interest penalties of less than one (1) dollar will not be enforced unless the CITY requests payment. Invoices which have to be returned to the CITY because of preparation errors by the CITY 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. 18. A Vendor Ombudsman has been established within the Department of Banking and Finance. The duties of this individual include acting as an advocate for contractors/vendors who may be experiencing problems in obtaining timely payment{s) from a state agency. The Vendor Ombudsman may be contacted at (904) 488-2924 or by calling the State Comptroller's Hotline, 1 800-848-3792. 19. Records of costs incurred under terms of this Agreement shall be maintained and made available upon request to the DEPARTMENT at all times du~ing the period of this agreement and for three years after final payment is made. and records shall be furnished to the Records of costs incurred includes the 6 Copies of these documents DEPARTMENT upon request. CITY'S general accounting JPA NO Sta~ Project No WPI No records and the project records, together with supporting documents and records, ef 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 ef costs. 20. A person er affiliate who has been placed en the convicted vender list following a conviction for a public entity crime may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in s. 287.017 for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list. 21. The DEPARTMENT'S obligation to pay under this section is contingent upon an annual appropriauion by the Florida Legislature. IN WITNESS WHEREOF the parties have caused these presents to be executed the day and year first above written. JPA NO. State Project No. WPI Ne. CITY OF AVENTURA STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION DATE' DATE: By: City Manager By: District Secretary ATTEST: City Clerk (Seal) ATTEST: Executive Secretary APPROVED AS TO LEGAL FORM: By: City Attorney By: District General Counsel State Project No. W.P.IJ NO. F.M. NO. ~"~0 ]~'~--~ 01 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION JOINT PROJECT AGREEMENT FOR HIGHWAY LANDSCAPING THIS AGREEMENT, entered into this ~> dayof ~'{~C[q , 200_~ 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 municipal 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 parr 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 irr/gation 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. c~q _ } .~ dated ~'~ ~C~ld 2,19 qc~ , 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 a~ee as follows: 1. CITY'S RESPONSIBILITY The CITY shall provide the DEPARTMENT with landscaping plans 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 plans shall be subject to prior written approval by the DEPARTMENT. The CITY shall not change said plans without prior written approval from the DEPARTMENT. Said plans shall, at a minimum, comply with the Florida Administrative Code Chapter 14-40 Highway Landscaping, the current DEPARTMENT Roadway and Traffic Design Standards and the Plans Preparation Manual. The CITY shall provide the DEPARTMENT accurate as built plans so if in the l~ture there is a need for the DEPARTMENT to perform work in the area accommodations can be made as much as possible. 1.5. ].7. 1.9. 1.10. Sta~e Project No. W.P.I. No. F.M. ~o. ¢~DICXc~A~0% During the installation of the project and future maintenance operations the CITY shall perform maintenance of traffic in accordance with the 1988 edition ofth_e 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 (9 AM to 3 PM). The CITY shall provide the local maintenance office located at 1655 NE 205,h 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. The CITY shall not commence the work described in this Agreement until it has ail necessary permits to perform the work at the location. The CITY ~hall 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. Pr/or to any landscaping being preformed under this Agreement, an independent maintenance agreement shall be executed for the particular site 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. The CITY shall remove or replace dead or diseased plant materials in their entirety, or remove or replace those that fall 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. 1.11. 1.12. State Project No. W.P.I. No. F.M. No. To the extent permitted by law, the CITY shall indemnify and hold harmless the Department, its officers and employees from ali 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 fight-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) o~this Agreement due to any increase in cost to the CITY resulting from the installation of landscaping added under this item. 2. MAINTENANCE 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 interlocldng 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. 3. FUTURE CRITERIA OR PLANNING 3.]. 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. 4. METHOD OF COMPENSATION 4.1. 4.2. 4.3. 4.4. 4.5. The DEPARTMENT will reimburse the CITY in an lump sum amount not to exceed Two Hundred and Ninety Two Thousand Eight Hundred and Eighty Dollars ($292,880) for the CITY to prepare plans and specifications and install landscaping and irrigation, bring lighting from the road into the medians (with the approval o£the DEPARTMENT), and to perform such in accordance with said plans and specifications. 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. 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 acceptance is received from the CITY'S Landscape Architect/or designee and (2) a DEPARTMENT Landscape Architect and/or his designee has approved the project for final payment. Payment shall be made only after receipt and approval of goods and services as provided in Section 215.42, Florida Statutes. 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 commence when the DEPARTMENT issues the CITY a Notice to Proceed. 5.2. 5.4. The term of this Agreement is two years from the date noted in the notice to proceed. The DEPARTMENT'S obligation to pay under this section is contingent upon an armual appropriation by the Flor/da Legislature. 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 subject matter hereof that are not merged herein and superseded hereby. J.P.A. NO. ~ '~'7 State Project No. W.P.I. NO. P.M. NO. ~_..~10Qg~ ~01 This Agreement is not transferable and nonassignable in whole or inpart without prior written consent of the DEPARTMENT. 5.6. 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 1/ability, 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 shah 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. 6. TERMINATION 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 ail 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. ~.v.A. ~o. Aq; State Project W.P.I. No. F.M. NO. ~010~>~ 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 By: ~ity Ma~ ATTEST:/~C~3 a_~~f-~_ (/ City (SEAL) '~istrict Secr?-ta~y '~-x ATTEST !fl~- ~,~-~-~(SEAL) ' Executive Secrft~ry - APPROVED AS TO LEGAL FORM: By: ~,,~.~,1~9,~ ~ vCity Attorney eX,District General Counsel State Project No. W.P.I. NO. F.M. No. Z~) ICf~&© 1 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 #I/STATE ROAD #5/BISCAYNE BOULEVARD FROM: Oleta River Bridge TO: NE 186th Street/Miami Gardens Drive ATTACHMENT "B" CITY RESOLUTION J.P.A. NO. State Projec~ NO. W.P.I. No. ~.M. ~o. City of Aventura Resolution No. ~)'l:~ dated ~--CI~ ~ ,19 a)~ , attached hereto and incorporated herein. RESOLUTION NO. 99-13 A RESOLUTION OF THE CITY COMMSSION 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 FOUR 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 RESOLU.TION; 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 Joint Project Agreement for Highway Landscaping Improvements along Biscayne Boulevard Phase Four 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. Section 3. This Resolution shall become effective immediately upon its adoption. The foregoing Resolution was offered by Commissioner Rogers-Libert, who moved its adoption. The motion was seconded by Commissioner Beskin, and upon being put to a vote, the vote was as follows: Commissioner Arthur Berger yes Commissioner Jay R. Beskin yes Resolution No. 99- ]___3 Page 2 Commissioner Ken Cohen yes Commissioner Jeffrey M. Perlow 7e$ Commissioner Patricia Rogers~Libert 7es Vice Mayor Harry Holzberg ),es Mayor Arthur I. Snyder ),es PASSED AND ADOPTED this 2"d day of March, 1999. ATTEST: / TERESA M. SMITH, CMC CITY CLERK APPROVED AS TO LEGAL SUFFICIENCY: CITY A'TTORNEY EMS/tms State Project W.P.I. No. ~.M. NO. Z¢010(~¢5401 ATTACHMENT "C" PLANS The DEPATPMENT agrees to reimburse the CITY for the installation of the project as reflected in the plans prepared by O'Leary Design Associates P. A., Keith and Schnars P.A., Bailey Engineering Consultants all dated 3/1/99, with one revision dated 5/24/99, attached hereto and incorporated herein.