HomeMy WebLinkAboutR-01-0565• 0
J-01-870
6/14/01
J."l" 565
RESOLUTION NO.
A RESOLUTION OF THE MIAMI CITY COMMISSION,
WITH ATTACHMENT(S), AUTHORIZING THE CITY
MANAGER TO ACCEPT FUNDS, IN THE AMOUNT OF
$30,000, FROM THE FLORIDA DEPARTMENT OF
TRANSPORTATION ("FDOT") FOR LANDSCAPING AND
MAINTENANCE OF THE MEDIANS ON STATE ROAD 5
(BRICKELL AVENUE) FROM SOUTHEAST 5" STREET
TO SOUTHEAST 25'x' ROAD, MIAMI, FLORIDA, SAID
FUNDS TO BE RECEIVED UPON COMPLETION OF 30%
OF THE WORK AND SUBSEQUENT INSPECTION BY
FDOT; AUTHORTZING THE CITY MANAGER TO
EXECUTE A JOINT PARTICIPATION AGREEMENT
BETWEEN THE CITY OF MIAMI AND THE FLORIDA
DEPARTMENT OF TRANSPORTATION, FOR SAID
PURPOSE; AND FURTHER DIRECTING THE
TRANSMITTAL OF A COPY OF THIS RESOLUTION TO
THE FDOT.
WHEREAS, the City of Miami and the Florida Department of
Transportation ("FDOT") agree that the medians on State Road 5
(Brickell Avenue) from Southeast 5tn Street to Southeast 25th Road
should be attractively landscaped and maintained with various
flora to restore the medians to their original condition; and
WHEREAS, the City will provide funds in the amount of
$200,000 for said landscaping and maintenance with funds to be
allocated from Capital Improvement Project No. 341135; and
MINGWOM
JUN 1 4 2001 '
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WHEREAS, FDOT requires that the City execute a Joint
Participation Agreement, pursuant to §339.08(e) and §,339.12, Fla.
Stat., (2000), setting forth each participant's
responsibilities;
NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE
CITY OF MIAMI, FLORIDA:
Section 1. The recitals and findings contained in the
Preamble to this Resolution are adopted by reference and
incorporated as if fully set forth in this Section.
Section 2. The City Manager is authorized to accept
funds, in the amount of $30,000, from FDOT for landscaping and
maintenance of t -ho medians on State Road 5 (Brickell Avenue)
from Southeast 5" Street to Southeast 25th Road, Miami, Florida,
said funds to be received upon completion of 30% of the work and
subsequent inspection by ?DOT.
Section 3. The City Manager is authorized) to execute a
.joint Participation Agreement between the City of Miami and the
FDOT, for said purpose.
The herein authorization is further subject to compliance with all
requirements that may be zmposed by the City Attorney, including but not
limited to those prescribed by applicable City Charter and Code
provisions.
Page 2 of 3
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Section 4. The City Manager is directed to instruct the
Director of the Department of Public Works to transmit a copy of
this Resolution to FDOT.
Section S. This Resolution shall become effective
immediately upon its adoption and signature of the Mayor Y
PASSED AND ADOPTED this `1.4th day of
June F 2001.
JOE CAROLLO, MAYOR
in accordance wan n::; .,. ,. aASvor did nm indicate approwl of
it& legislation by sitlniV :: ai
becomes effective with the' ejapai.:; :;It . ;: i` (l U) u:' j!. ; i a l� � t.: i (::.: i �►tt:S51
regarding as=, without tho Mayor urxr rcid oio.
Wa . oeman, City Cleric
ATTEST:
WALTER J. FOEMAN
CITY CLERK
APPROVED Q ORM
A VIILARELLO
901Y ATTORNEY
W5704:BSS
AND CORRECTNESS:&
If the Mayor does not sign this Resolution, it shall become effective at
the end of ten calendar days from the date it was passed and adopted. If
the Mayor vetoes this Resolution, it shall become effective immediately
upon override of the veto by the City Commission.
Page 3 of 3 i% I— 5 6 �)
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Contract No.: A4989
Fin/Joh No.: 2$0610 3 58 01
County: Miami -Dade
DEPARTMENT OF TRANSPORTATION
JOSNT PARTICIPATION AGREEMENT
. WITH
THE CITY OF MIAMI
This AGREEMENT, entered into this day of
2001, by and between the STATE OF FLORIDA, Department
of Transportation, an agency of the State of Florida, hereinafter
called the DEPARTMENT and the CITY OF MIAMI, a municipal
corporation of the State of Florida, herein after called the CITY.
WITNESSETH
WHEREAS, the CITY and the DEPARTMENT herein agree that the
median strips on SR 5 (Brickell Avenue) from S.E. 5th Street to S.E.
25°" Road should be attractively landscaped with various flora to
restore the medians to their original condition; and
WHEREAS, each party herein agrees to provide funds for the
restoration of the landscaping; and
WHEREAS, the CITY has agreed to provide $200,000.00 and the
DEPARTMENT has agreed to provide $30,000.00 for said work; and
WHEREAS, the DEPARTMENT and the CITY have determined that it
would be to the best interest of the general public and the
citizens of Florida to enter into this Agreement; and
WHEEREAS, the parties are authorized to enter into this
Agreement pursuant to Section 339.08 (e) and 339.12, Florida
Statutes (1999).
WHEREAS, the CITY by Resolution No. dated ,
attached hereto as Attachment "A", 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 zo the other, the parties covenant and agree as
follows:
JPA CITY OF MIAMI.AOC
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Contract No.: A -J989
Fin/Job No.: 250610 3 58 01
County: Miami -Dade
1. CITY'S RESPONSIBILITY
1.1. The CITY shall be solely responsible for the preparation
of the landscape restoration plans including that said
plans meet the design criteria of the DEPARTMENT'S
Roadway and Traffic Design Standards for sight distances
at intersections.
1.2. The CITY shall be solely responsible for procuring a
contractor to perform the work noted in said plans and
shall also be the Project Manager.
1.3. The CITY shall be solely responsible during the
installation of the landscape for establishing the
appropr9.ate safety and traffic control through the work
zone in accordance with the DEPARTMENT'S Roadway and
Traffic Design Standards, indices 600 thru 665.
1.4. The CITY shall. be solely responsible for .restoring all
DEPARTMENT property damaged as the result of the
landscape restoration work to its original condition as
far as practical in keeping with DEPARTMENT
specifications.
I.S. The CITY shall send a written notice to the DEPARTMENT
when the equivalent of $30,000.00 in project expenditures
occurs. This expenditure should occur at 30k of work
completion. After the DEPARTMENT conducts the 30% work
completion inspection, the CITY may invoice the
DEPARTMENT for the work inspected and accepted.
1.6. The CITY shall solely be responsible for the maintenance
of the installed landscaping in accordance with the
existing maintenance agreement entered by both parties on
January 31, 1994 (City of Miami Resolution. 93-779).
1.7. The CITY shall notify the DEPARTMENT in writing when the
project is completed.
Z. DEPARTMENT'S RESPONSIBILITY
2.1. The DEPARTMENT will provide an amount of $30,000.00
towards the cost of the landscape restoration work.
JPA CITY OF MIAWDOC 2
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Contract No.: A-.1989
Fin/Job No.: 250610 3 59 01
County: Miami -Dade
2.2. The DEPARTMENT will conduct the 30% work completion
inspection when notified by the CITY.
3. METHOD OF COMPENSENTATION
3.1. In accordance with requirements of Section 287.058(1)(d),
Florida Statutes, the DEPARTMENT agrees to pay the CITY a
lump sum payment in the amount of $30,000.00 after the
completion of thirty (301) percent of the contract work.
3.2. In accordance with Section 287.058(1)(a), Florida
Statutes, the CITY shall submit the invoice/bill in
detail sufficient for proper preaudit and pcstaudit
thereof.-
4.
hereof-
4. RECORDS
4.1. Records of costs incurred under 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.
4.2. Copies of these documents and records shall be furnished
to the DEPARTMENT upon request.
4.2. Records of costs incurred includes the Participant'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 DEPARTMENT for
a proper audit of costs.
5. 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:
MA CITY OF MIAMI DDC
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Contract No.: A4989
Fin/Job No.: 290610 3 58 Of
County: Miami -Dade
To DEPARTMENT: Florida Department of Transportation
1000 Northwest 111th Avenue, Room 6214
Miami, Florida 33172-5800
Attention: District Maintenance Engineer
To CITY: City of Miami
Department of Public Works
444 S.W. 2" Avenue
Miami, Florida 33130
Attention: Director
6. LANDSCAPE MODIFICATION
It is Lnderstood between the parties hereto that 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.
7. VENDOR RIGHTS
Section 215.422(5), Florida Statutes, requires the Department
to include a statement of vendor (Contractor) rights.
Contractors are hereby advised of the following:
Contractors providing goods and services to an agency should
be aware of the following time frames. Upon receipt, an agency
has 5 working days to inspect and approve the goods and
services, unless the bid specifications, purchase order or
contract specifies otherwise. An agency has 20 days to deliver
a request for payment (voucher) to the Department of Banking
and Finance. The 20 days are measured from the latter of the
date the invoice is received or the goods or services are
received, inspected and approved, by the Department of
Transportation.
If a payment is not made within 40 days, a separate interest
penalty at the rate established pursuant to Section 55.03(1)
Florida Statutes will be clue and payable, in addition to the
invoice amount, to the Contractor. The interest penalty
provision applies after a 35 day time period to health care
providers, as defined by rule. Interest penalties of less than
one dollar will not be enforced unless the Contractor requests
payment.
JPA CITY QP MIAMI DOC
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01- 565
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Contract No.: A -J989
Fin/Job No.: 250610 3 $8 01
County: Miami -Dade
Invoices which have to be returned to a Contractor because of
Contractor 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 of
Transportation.
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 whc may be experiencing
problems in obtaining timely payment(s) from a state agency.
The Vendor Ombudsman may be contacted by calling the State
Comptroller's Hotline, 1-800-848-3792.
8. CANCELLATION
In accordance with Section 287.058 (1) (c) , Florida Statutes,
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, 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.
9. CONTRACT LENGTH
In accordance with Section 287.058 (1) (e) , Florida Statutes,
this AGREEMENT is for a period of one (1) year beginning on
the date of execution.
10. TIME EXTENSION
In accordance with Section 287.012(10), Florida Statutes, this
AGREEMENT may be extended if mutually agreed to 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 extension of this
AGREEMENT.
11. ADDITIONAL COVENANTS
11.1. 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.
MA CITY OF MIAMI WC
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Contract No.: A -M
Fin/Job No.: =10 3 38 01
County: M_ INmi-Dark
11.2. This AGREEMENT is nontransferable and nonassignable
in whole or in part without consent of the
DEPARTMENT.
11.3. This AGREEMENT, regardless of where executed shall
be governed by, and constructed according to the
laws of the State of Florida.
11.4. nothing in this AGREEMENT shall be construed to
violate the provisions of Section 339.135(6)(a), of
the 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 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.
11.5. The Department's obligation to pay under this
section is contingent upon an annual appropriation
by the Florida Legislature.
11.6. Travel costs will not be reimbursed.
SPA Cf(4 CO M"11 6
affinnu-
Contract No.: AnM
Flu/Job No.: 250610 358 91
County: Miami -Dade
WITHUS WMIMP the. parties hereto have caused theme.
presents to be executed the day and year first above written.
JOINT PARTICIPATION AGREEMENT WITH THE CITY OF MIAMI.
=21 0 CITY OF MIAMI, FLORIDA 16
INTER -OFFICE MEMORANDUM
TO: The Honorable Mayor and DATE VAY 2 9 1vo1 FILE
members of the City Commission
SUBJECT: RESOLUTION authorizing
Joint Participation Agreement
with Florida Department of
FROM a $ A. Gim ez REFERENCES : Transportation for Brickell
City Manager ENCLOSURBB: Avenue Medians (SE 5'h Street
to SE 25 Road)
RECOMMENDATION
It is respectfully recommended that the attached Resolution be adopted
authorizing the City Manager to execute a Joint Participation Agreement (JPA)
with the Florida Department of Transportation (FDOT) and accepting the sum of
$30,000- from the FDOT upon FDOT's inspection of the landscape work by the
City on SR 5 (Brickell Avenue) between SE 5 Street and SE 25 Road.
BACKGROUND
Certain improvements are required to the medians of SR5 (Brickell Avenue)
between SE 5 Street and SE 25 Road to keep them attractively landscaped with
various flora to restore the medians to their original condition.
The City's Brickell Avenue Beautification Project B-3274 provides the funds for
this beautification work. The Joint Participation Agreement with FDOT provides
the sum of $30,000 to the City upon FDOT's inspection of the work completion.
.ti
CAG FKR/JHJ/AAD/mrn
RH&eItMcdtans-PDOT-JPA-MEMO
of- 565
Florida Department of Transportation
Js6 BUSH Dist f ict Six Maintenance Office =OMAS F. BARRY, AL
cavatwoR 1000 NW 111 Avenue, Room 8214 s esrARv
Miami, Florida 33172
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April 20, 2001
Albert A. Dominguez, Assistant Director t '
Department of Public Works
City of Miami p `-
444 S.W. 2"d Avenue
Miami, Florida 33130
RE: Joint Participation Agreement
Contract No.: A -J989, SR 5 (Brickell Avenue), Landscape Restoration from SE 5d' Street
south to SE 25* Road
Fin/Job No.: 25061035801
County . '.Miami -Dade
Dear Mr. Dominguez:
Enclosed for the City of Miami to execute are four (4) identical agreements for the project referenced
above. Please leave the date blank on all four documents and return to me to the address noted
above.
If you have any questions concerning the agreement, please contact me at telephone number (305)
470-5434.
Sincerely,
• y
Arnaldo Fernandez, Jr.
Assistant Maintenahce Contracts Engineer
cc: Gus Pogo, P.E., Director of Operations
Ronald S. Steiner, P.E., District Maintenance Engineer
Jorge Fernandez, District Maintenance Contracts Engineer
File
www.dot.atate.fl.us ®Ir—65