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07-22-08 Item 4South Miami H- amedea cry CITY OF SOUTH MIAMI t I 1' OFFICE OF THE CITY MANAGER INTER - OFFICE MEMORANDUM 2001 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 72nd 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 74th 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 RESOLUTION NO.: 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. PASSED AND ADOPTED this ATTEST: CITY CLERK READ AND APPROVED AS TO FORM CITY ATTORNEY Include File Name and Path day of , 2008 APPROVED: MAYOR COMMISSION VOTE: Mayor Feliu: Vice Mayor Beasley: Commissioner Wiscombe: Commissioner Palmer: Commissioner Beckman: .33 1l f in'l mo-as 335 NotLynNLLNOO bOJ OZtII VIS Y. -3Nn FQL I .10 W Rill O A SW 57 AVENUE FROM SW 74 STREET TO SW 72 STREET RESURFACING JOINT PARTICIPATION AGREEMENT This AGREEMENT, made and entered into this day of , 2008, 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 ". WITNESSETH 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 temps and conditions of this agreement; NOW, THEREFORE, in consideration of the promises and covenants contained herein, the parties agree: 1 1 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 $21,915 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. 4 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 IN WITNESS WHEREOF, the parties hereto set their hands and official seals the day and year first above written. ATTEST: HARVEY RUVIN CLERK OF THE BOARD Deputy Clerk Approved by County Attorney as to form and legal sufficiency ATTEST: BY: City Clerk Approved by City Attorney as to form and legal sufficiency MIAMI -DADE COUNTY, FLORIDA, BY ITS BOARD OF COUNTY COMMISSIONERS MIN County Mayor or His Designee County Attorney CITY OF SOUTH MIAMI, a municipal corporation of the State of Florida AIN Horace G. Feliu Mayor City Attorney 7