Res. No. 107-08-12704RESOLUTION NO.: ;107-08-12704
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH
MIAMI, FLORIDA, AUTHORIZING THE MAYOR AND CITY MANAGER TO EXECUTE AN
AGREEMENT WITH MIAMI -DADE COUNTY FOR SW 57th AVENUE RESURFACING FROM
SW 74TH STREET TO SW 72ND STREET FOR THE AMOUNT OF $21,915.00 PAYABLE TO
MIAMI -DADE COUNTY TO BE CHARGED TO ACCOUNT NUMBER 112 - 1730 - 541 -3450;
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the City of South Miami has been presented with a Joint Participation Agreement
(JPA) with Miami -Dade County for SW 57th Avenue from SW 74th Street to SW 72nd Street milling and
resurfacing; and
WHEREAS, the Mayor and City Commission desire to utilize the resources of Miami -Dade
County presently available to construct and administer street milling and resurfacing for SW 57th Avenue
from SW 72nd Street to SW 74th Street, to accelerate this portion of the infrastructure improvements
projected for FY 09 -10 under the City's Capital Improvement Program; and
WHEREAS, the street milling and resurfacing will occur along SW 57th Avenue from SW 72nd
Street to SW 74th Street, including pavement markings, pursuant to the attached plans.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA THAT:
Section 1: The City Commission authorizes the City Manager and Mayor to execute the JPA
agreement with Miami -Dade County for the amount of $21,915.00, payable to Miami -Dade County.
Section 2: That the projects construction cost shall be charge to account number 112 -1730-
541 -3450 for the amount of $21,915.00 with account balance of $72,822.50
Section 3: The attached exhibit is incorporate by reference into this resolution.
*ASSED AND ADOPTED d of y. / 06:
ATTEST:
V
APPROVED:
CLERK MAYOR
READ AND APPROVED AS TO FORM:
CJI� P; I ORNEY
Include File Name and Path
COMMISSION VOTE:
5 -0
Mayor Feliu:
Yea
Vice Mayor Beasley:
Yea
Commissioner Wiscombe:
Yea
Commissioner Palmer:
Yea
Commissioner Beckman:
Yea
To: The Honorable Mayor & Members of the City Commission
Via: W. Ajibola Balogun, City Manager
From: Jose Olivo, P.E.
Public Works- Engineering Department
Date: June 10, 2008 Agenda item No.:
Subject: SW 57th Avenue from SW 74th Street to SW 72nd Street Resurfacing Joint
Participation Agreement (JPA)
Request: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
SOUTH MIAMI, FLORIDA, AUTHORIZING THE MAYOR AND CITY MANAGER
TO EXECUTE AN AGREEMENT WITH MIAMI -DADE COUNTY FOR SW 57th
AVENUE STREET RESURFACING FROM SW 74TH STREET TO SW 72ND
STREET FOR THE AMOUNT OF $21,915.00 PAYABLE TO MIAMI -DADE
COUNTY TO BE CHARGED TO ACCOUNT NUMBER 112 -1730- 541 -3450;
PROVIDING FOR AN EFFECTIVE DATE.
Request: Authorizing the Mayor and City Manager to execute a Joint Participation
Agreement (JPA) with Miami -Dade County for SW 57th Avenue from SW 74th
Street to SW 72 "d Street milling and resurfacing.
Reason/Need: The City's adopted Capital Improvement Program has identified the need
for street milling and resurfacing of SW 57th Avenue from SW 741h Street
to SW 72nd Street as part of the Downtown Infrastructure Improvements
Project -Phase V. Therefore, by entering into this agreement the City will
have accelerated a portion of the work slated for the FY 09 -10 under the
Capital Improvement Program. The City will have also saved on the cost
for street milling and resurfacing by applying today's prices versus the
higher expected prices for asphalt milling and resurfacing in the future.
Cost: $21,915.00
Funding Source: Account number 112 - 1730 - 541 -3450 with current balance of $72,822.50.
Backup Documentation:
❑ Proposed Resolution
❑ SW 57th Avenue from SW 74th Street to SW 72nd Street
Resurfacing Joint Participation Agreement (JPA)
❑ Plans
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SW 57 AVENUE FROM SW 74 STREET TO SW 72 STREET RESURFACING
JOINT PARTICIPATION AGREEMENT
This AGREEMENT, made and entered into this 0_4 day of P-L • , 2009, by
and between the CITY OF SOUTH MIAMI, a municipal corporation of the STATE
OF FLORIDA, hereinafter referred to as the "City ", and MIAMI -DADE COUNTY,
a political subdivision of the STATE OF FLORIDA, hereinafter referred to as the
"County"
IIIki f*14 .l
WHEREAS, both parties herein wish to facilitate the construction of a road
improvement project in MIAMI -DADE COUNTY, hereinafter referred to as the
'Project' described as follows:
Milling, resurfacing, pavement markings, and maintenance of traffic for the
West Side of SW 57 Avenue from SW 74 Street to SW 72 Street; and
WHEREAS, the City wishes to utilize the resources of the County to
construct and administer the Project, subject to the terms and conditions of this
agreement;
NOW, THEREFORE, in consideration of the promises and covenants
contained herein, the parties agree:
0
9 PERMITS AND APPROVALS: The County shall identify and obtain all
necessary permits, and utility adjustments for the Project in accordance with
applicable State, Federal and Local Laws and ordinances.
2 ACCOUNTING: The County shall at all times maintain separate accounting
for the costs of the Project so those costs.may be independently verified and
audited by the City, at the request and cost of the City. The County agrees to
permit the City auditors to inspect the books, records and accounts of the
Project for three years after completion of the Project. These records shall be
made available to the City for inspection within five (5) working days upon
written receipt of a written request from the City.
3 CONSTRUCTION: The County shall assign the Project to be constructed
through an existing open contract for resurfacing.
4 CLAIMS AND CHANGE ORDERS: The County shall notify the City Public
Works Director in writing when claims or change orders arise. The County
shall also invite the City to participate in negotiations of these claims and
change orders. The City shall review and make a determination or approval
of all change orders or supplemental agreements, permits, modifications of
plans, or other requests for approvals submitted by the County. Failure of the
City to respond, in writing, to the County's request for evaluation within thirty
(30) days shall be automatically deemed an approval by City, without the
necessity of future action by the City.
2
5 CONSTRUCTION ADMINISTRATION AND INSPECTION: The County shall
exercise all responsibilities of the owner under the construction contract,
including construction administration and inspections. In the case of a
disagreement over the interpretation of the plans, the County Public Works
Director, or their representative, shall have final authority subsequent to an
independent final inspection by the County.
6 CITY PAYMENTS OF PROJECT COSTS: The City agrees to pay a lump
sum amount of $15,126.11 to the County for the work to be executed by the
County. Payment will be forwarded by the City upon final execution of this
Agreement.
7 PROJECT COST ADJUSTMENTS: The amount contributed by the City is
based on the current estimated costs of the Project. The parties recognize
that adjustments to the above - referenced costs may be required in the future
and that at the option of the parties, amendments may be entered into to
revise the funds available for the Project.
8 COMPLIANCE WITH LAWS: The parties shall comply with applicable
federal, state and local laws, codes, ordinances, rules and regulations in
performing their respective duties, responsibilities, and obligations pursuant to
this Agreement and with all applicable laws relating to the Project. The
parties shall not unlawfully discriminate in the performance of their respective
duties under this Agreement.
3
9 INDEMNIFICATION: To the extent authorized by Florida law, the City hereby
agrees to indemnify, defend, save and hold harmless the County to the extent
of all the limitations included with section 768.28, Florida Statutes, from all
claims, demands, liabilities and suits of any nature whatsoever arising out of,
because of or due to the breach of this Agreement by the City, its agents or
employees. It is specifically understood and agreed that this indemnification
clause does not cover or indemnify the County for its sole negligence or
breach of contract.
To the extent authorized by Florida law, the County hereby agrees to
indemnify, defend, save and hold harmless the City to the extent of all the
limitations included with section 768.28, Florida Statutes, from all claims,
demands, liabilities and suits of any nature whatsoever arising out of,
because of or due to the breach of this Agreement by the County, its agents
or employees. It is specifically understood and agreed that this
indemnification clause does not cover or indemnify the City for its sole
negligence or breach of contract.
10 DISPUTE RESOLUTION APPLICABLE LAW: The parties shall resolve any
disputes, controversies or claims between them arising out of this Agreement
in accordance with the "Florida Governmental Conflict Resolution Act ",
Chapter 164, Florida Statutes, as amended. This Agreement shall be
governed by the laws of the State of Florida. Venue in any proceedings shall
be in Miami -Dade, Florida.
2
11 ENTIRE AGREEMENT AMENDMENTS: This document incorporates and
includes all prior negotiations; correspondence, conversations, agreements
and understandings applicable to the matters contained herein and the
parties agree that there are no commitments, agreements, or understandings
concerning the subject matter of this Agreement that are not contained in this
document. Accordingly, the parties agree that no deviation from the terms
hereof shall be predicated upon any prior representations or agreements,
whether oral or written. It is further agreed that no modification, amendment
or alteration in the terms contained herein shall be effective unless set forth in
writing in accordance with this section. No modification, amendment or
alteration in the terms or conditions contained herein shall be effective unless
contained in a written document prepared with the same or similar formality
as this Agreement and executed by the parties.
12 JOINT PREPARATION: The parties acknowledge that they have sought and
received whatever competent advice and counsel as was necessary for them
to form a full and complete understanding of all rights and obligations herein
and that the preparation of this Agreement has been their joint effort. The
language agreed to expresses their mutual intent and the resulting document
shall not, solely as a matter of judicial construction, be construed more
severely against one of the parties from the other.
5
13 SEVERANCE: In the event a portion of this Agreement is found to be invalid
by a court of competent jurisdiction, the remaining provisions shall continue to
be effective unless the City or County elect to terminate this Agreement. An
election to terminate this Agreement based upon this provision shall be made
within seven (7) days after the finding by the court becomes final.
14 NOTICES: Any and all notices required to be given under this agreement
shall be sent by first class mail, addressed as follows:
To the County:
Attention: Esther L. Calas, P.E.
Director, Public Works Department
Miami -Dade County
111 NW 1St Street, Suite 1640
Miami, Florida 33128
(305) 375 -2960
To the City:
Attention: W. Ajibola Balogun, REM, CFEA
City Manager / Director, Public Works
City of South Miami
6130 Sunset Drive
South Miami, Florida 33143
(305) 663 -6318
0
IN WITNESS WHEREOF, the parties hereto set their hands and official
seals the day and year first above written.
ATTEST:
HARVEY RUVIN
h�0
MIAMI -DADE COUNTY, FLORIDA,
BY ITS BOARD OF
COUNTY COMMISSIONERS
is ovr+rt�
BY: .•� .--
'fy Clerk Count, Mayor or His Q ignee
Approved by County Attorney
as to form and legal sufficiency
ATTEST:
Co my Attorney
CITY OF SOUTH MIAMI, a municipal
corporation of the State of Florida
B� BY:
City Cler W. AjibW Balogun
ddd City Manager
Approved by City Attorney n. -y.•
r;...
as to form and legal sufficiency
rCity-Attorney
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February 5, 2009
Mr. W. Ajibola Balogun, REM, CFEA
City Manager / Director, Public Works
City of South Miami
6130 Sunset Drive
South Miami, Florida 33143
Public Works
111 NW 1st Street • Suite 1510
Miami, Florida 33128 -1970
T 305 -375 -2094 F 305 -679 -7738
miamidade.gov
— _EH,a4 C E lE.zi D
CITY CLERIC'S
Re: SW 57 Avenue from SW 74 Street to SW 72 Street Joint Participation
Agreement (JPA)
Dear Mr. Balogun:
Transmitted herewith are two (2) fully executed original copies, between Miami -
Dade County and the City of South Miami, of the SW 57 Avenue from SW 74
Street to SW 72 Street JPA.
Pursuant to the subject JPA, Miami -Dade County constructed roadway
improvements requested by the City of South Miami. At this time it is hereby
requested that payment of the lump sum amount of $15,126.11, as specified
under Item 6 of the terms of the JPA, be made to the County.
Your review and approval for payment is appreciated. Expense warrants
should be made payable to:
Board of County Commissioners
Public Works Department
111 N.W. 1st Street, Suite 1510
Miami. Florida 33128 -1970
Should you need any additional assistance, please do not hesitate to call Mr.
Javier Heredia, P.E., Section Head, Highway Planning, at (305) 375 -1901.
Sincerely,
Gaspar M'ra da, P.E.
Assista t ' ector, Highway Engineering
Enclosures
cc: Antonio Cotarelo, P.E.
Orky Rodriguez
Leandro Ona, P.E.
Frank Aira, P.E., CFM
Javier Heredia, P.E
Rodney MCMllllan`, `
Eric Steinberg
UnCIAL MU CO"
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hUAW-DAVE COUXW FLORMA Memorandum COUNTY
Date: January 22, 2009
To: Honorable Chairman Dennis C. Moss Agenda Item No. 8(P) (1) (B)
and Members, Board of County Commissioners
From: George M. Burge Resolution No. R -54 -09
County Manager
Subject: Joint Participation Agreement B een Miami -Dade County and the City of South Miami
in the Amount of $15,126.11 to Fund Milling, Resurfacing, Pavement Markings, and
Maintenance of Traffic for the West Side of SW 57 Avenue from SW 74 Street to SW 72
Street
RECOMMENDATION
It is recommended that the Board of County Commissioners (BCC) approve the attached resolution
authorizing execution of a Joint Participation Agreement (JPA) between Miami -Dade County and the
City of South Miami (City) for milling, resurfacing, pavement markings, and maintenance of traffic for
the west side of SW 57 Avenue from SW 74 Street to SW 72 Street. Proceeds form the Charter County
Transit Surtax were used to fund the project, therefore approval by the Citizen's Independent
Transportation Trust (CITT) is required.
SCOPE
This project is located within the City of South Miami, in Commission District 7.
FISCAL IMPACT /FUNDING SOURCE
The total construction cost for the aforementioned improvements was $30,252.22. The City is providing
$15,126.11 from City funds through this JPA. The County is providing the remaining $15,126.11
through proceeds from the Charter County Transit System Sales Surtax (the Surtax). The proposed
improvements qualify under the allowable work categories included in the People's Transportation Plan
(PTP) Neighborhood Improvements Section. Specific funding for this project was allocated from the
respective Commission District PTP yearly allocations.
DELEGATION OF AUTHORITY
No additional authority is being requested within the body of this contract.
TRACK RECORD /MONITOR
The City is utilizing the resources of the County to contract, construct and administer these
improvements. A lump sum disbursement of City funds to the County shall be made upon receipt of the
executed Agreement by the City. The project was assigned to Mr. Bassam Moubayed, CFM, Chief,
Construction Division, who oversaw inspections conducted by PW D staff.
BACKGROUND
The County's original project included the construction of new sidewalks, modification of angle parking
to parallel parking, curb and gutters, pavement milling and resurfacing, pavement markings, and storm
drainage along the east side of SW 57 Avenue between SW 74 Street to SW 72 Street. This project
Honorable Chairman Dennis C. Moss
and Members, Board of County Commissioners
Page No. 2
was initiated as a request from local residents representing the High Pines Homeowners Association to
enhance Americans with Disabilities Act (ADA) compliance and accessibility in the area, as well as
enhancing safety with the parking situation.
The City later approached the County to include milling, resurfacing, and pavement markings to the
west side of SW 57 Avenue. This roadway is maintained by the County, but forms a jurisdictional
boundary between the City and the County. The City had been consulted during the development of
the project, and made this request during the original project's bid process. Previously, the City
planned to improve the west side of SW 57 Avenue through its own project, but concluded that
incorporating the improvements at this time into the County's project would provide a more uniform
driving surface for traffic in the area.
This JPA provides for the City's participation in the construction of these improvements for an amount
of $15,126.11. It was approved by the South Miami City Commission on July 22, 2008. The project
was carried under the PTP Project entitled Roadway Resurfacing Contract Countywide (Project — CICC
7360 -0/08 RPQ No. 20060440), and is substantially completed pending the final thermoplastic
pavement markings.
19 W22=z
In
MEMORANDUM
(Revised)
TO: Honorable Chairman Dennis C. Moss DATE:
and Members, Board of County Commissioners
FROM: R. A. evas,
County Attorne
Please note any items checked.
January 22, 2009
SUBJECT: Agenda Item No. 8(P) (1) (B)
"4 -Day Rule" ( "3 -Day Rule" for committees) applicable if raised
6 weeks required between first reading and public hearing
4 weeks notification to municipal officials required prior to public
hearing
Decreases revenues or increases expenditures without balancing budget
Budget required
Statement of fiscal impact required
Bid waiver requiring County Manager's written recommendation
Ordinance creating a new board requires detailed County Manager's
report for public hearing
Housekeeping item (no policy decision required)
No committee review
Approved Mayor Agenda Item No. 8 (P) (1) (B)
Veto 1 -22 -09
Override
RESOLUTION NO. R -54 -09
RESOLUTION AUTHORIZING EXECUTION OF A JOINT
PARTICIPATION AGREEMENT BETWEEN MIAMI -DADE
COUNTY AND THE CITY OF SOUTH MIAMI TO PROVIDE
$15,126.11 IN CITY FUNDS FOR THE CONSTRUCTION OF
IMPROVEMENTS FOR THE WEST SIDE OF SW 57 AVENUE
FROM SW 74 STREET TO SW 72 STREET; AND
AUTHORIZING THE COUNTY MAYOR OR COUNTY
MAYOR'S DESIGNEE TO EXERCISE THE PROVISIONS
THEREIN
WHEREAS, this Board desires to accomplish the purposes outlined in the accompanying
memorandum, a copy of which is incorporated herein by reference; and
WHEREAS, both the City of South Miami and Miami -Dade County wish to facilitate
the milling, resurfacing, pavement markings, and maintenance of traffic for the West Side of SW
57 Avenue from SW 74 Street to SW 72 Street,
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF MIAMI -DADE COUNTY, FLORIDA, that this Board approves this
Joint Participation Agreement between Miami -Dade County and the City of South Miami,
providing $15,126.11 in City funds to the County for expenses incurred in this construction, in
substantially the form attached hereto and made a part hereof; and authorizing the County Mayor
or County Mayor's designee to execute same for and on behalf of Miami -Dade County and to
exercise the provisions contained therein.
4
Resolution No. R -54 -09
Agenda Item No. 8(P)(1)(B)
Page No. 2
The foregoing resolution was offered by Commissioner Carlos A. Gimenez
who moved its adoption. The motion was seconded by Commissioner Rebeca Sosa
and upon being put to a vote, the vote was as follows:
The Chairperson thereupon declared the resolution duly passed and adopted this 22 °d day
of January, 2009. This resolution shall become effective as follows: (1) ten (10) days after the
date of its adoption unless vetoed by the Mayor, and if vetoed, shall become effective only upon
an override by this Board, and (2) either i) the Citizens' Independent Transportation Trust (CITT)
has approved same, or ii) in response to the CITT's disapproval, the County Commission re-
affirms its award by two - thirds (2/3) vote of the Commission's membership and such
reaffirmation becomes final.
fi OMMt
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COUNZ
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Approved by County Attorney as
to form and legal sufficiency
Bruce Libhaber
MIAMI -DADE COUNTY, FLORIDA
BY ITS BOARD OF
COUNTY COMMISSIONERS
HARVEY RUVIN, CLERK
By: Kay Sullivan
Deputy Clerk
Dennis C. Moss, Chairman aye
Jose "Pepe"
Diaz, Vice - Chairman absent
Bruno A. Barreiro
aye
Audrey M. Edmonson
absent
Carlos A. Gimenez
aye
Sally A. Heyman
aye
Barbara J. Jordan
absent
Joe A. Martinez
aye
Dorrin D. Rolle
aye
Natacha Seijas
aye
Katy Sorenson
aye
Rebeca Sosa
aye
Sen. Javier D. Souto
aye
The Chairperson thereupon declared the resolution duly passed and adopted this 22 °d day
of January, 2009. This resolution shall become effective as follows: (1) ten (10) days after the
date of its adoption unless vetoed by the Mayor, and if vetoed, shall become effective only upon
an override by this Board, and (2) either i) the Citizens' Independent Transportation Trust (CITT)
has approved same, or ii) in response to the CITT's disapproval, the County Commission re-
affirms its award by two - thirds (2/3) vote of the Commission's membership and such
reaffirmation becomes final.
fi OMMt
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COUNZ
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Approved by County Attorney as
to form and legal sufficiency
Bruce Libhaber
MIAMI -DADE COUNTY, FLORIDA
BY ITS BOARD OF
COUNTY COMMISSIONERS
HARVEY RUVIN, CLERK
By: Kay Sullivan
Deputy Clerk