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Home My WebLink AboutReso 98- 30 RESOLUTION NO. 98- 3 0 RESOLUTION OF THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, AUTHORIZING THE CITY MANAGER TO MAKE APPLICATION FOR THE STATE OF FLORIDA mGHW A YBEAUTIFICATION GRANT ON BEHALF OF THE CITY IN THE AMOUNT OF SIXTY THOUSAND (S60,OOO) DOLLARS WITH MATCHING FUNDS FROM THE CITY BASED ON CONCEPTUAL PLANS PROVIDED BY O'LEARY DESIGN ASSOCIA TES, ATTACHED AS EXHIBIT "A". WHEREAS, on December 11, 1997, the City Commission discussed the desire of the City to make application for a beautification grant from the Florida Department of Transportation ("F .D. O. T.") and unanimously approved a motion to accept a flat fee proposal from O'leary Design Associates, P.A., in the fixed amount of $10,000 for its professional services; and WHEREAS, O'leary Design Associates, P.A., has now prepared such conceptual landscape architectural plans for the City of Sunny Isles Beach which have been reviewed by the City Commission; and NOW THEREFORE BE IT RESOLVED, BY THE MAYOR AND THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, that: Section 1. The City Manager is hereby authorized to make formal application based on the landscape architectural design plans of O'leary Design Associates, P.A., and take whatever action is necessary on behalf of the City of Sunny Isles Beach, Florida, with the Florida Department of Transportation to secure a sixty thousand ($60,000) dollar highway beautification grant with the City to supply matching funds. Section 2. The City Commission approves the conceptual plans prepared by O'leary Design Associates, P.A., and authorizes the City Manager to exercise his judgment in approving modifications to the plans as may be necessary to assist the City in securing the highway beautification grant from F.D. O. T. for the City of Sunny Isles Beach. Section 3. This Resolution shall take effect immediately upon adoption. PASSED AND ADOPTED this 2200 day of January, 1998. ATTEST: ~vl,~ E. ~- ~ V\~ Richard E. Brown, City Clerk APPROVED AS TO FORM AND LEGAL SUFFICIENCY ~. L~'tvf. Di\imheisser, City Attorney . . ..'>>", ..~ tl ... \ ~ '" \ .~ \' ,"i t') " , . , \ .. j~') ...... \ \ \ \ . ,l.,/ . j .' II) /[)A\ O'LEARY DESIGN ASSOCIATES RA. LANDSCAPE ARCHITECTURE LAND PLANNING URBAN DESIGN GRAPHIC DESIGN FLORIDA mGHWAY BEAUTIFICATION GRANT SUNNY ISLES BEACH, FLORIDA DATE: January 13, 1998 TO: Sunny Isles Beach City commission FROM: William A. O'Leary, F ASLA t.1 Landscape Architect \N RE: Florida Highway Beautification Grant Application RECOMMENDATION: It is recommended that the City Commission approve, by motion, the attached Landscape Plan and the Grant Application. REASON: City Commission approval is required to submit the Grant Application. OAK PLAZA PROFESSIONAL CENTER 8525 S.W. 92ND STREET, SUITE C11 MIAMI, FLORIDA 33156 (305) 596-6096 MEMBERS OF THE AMERICAN SOCIETY OF LANDSCAPE ARCHITECTS 8A y-, '"' T T ~ "..., T~ 1- ,r--;, - .r"e.. !!!! "' / ~_ II ~J iii i_ ~ I ! ~-"'iio.- -. 'i!!! ~ -. "_i C,', 0_1 ~.~,~_i -_= '--'_-I~ ~!!_~ ~T i~' T 0 .. --! _ i i\ li'"\il ~ .- ~---A.... ~________ ~ -...a... ~,~--l...... ~ ~ ''''.''~''f , ",rs ',W-' n iLl :.,*-' tt. U: IW ~t U '''W' " VIEW @ ViEW @ ....i~: .. -,"""'," ,"'....... '..".' ...-'- ~ ..... VIEW @ . ' ~m.. ..1.H~ .. ~ ~::" .r,~ -;.~. ..'" 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I II , , II i I I, i I 1,!,~ : i II i 01 z <[ _J fL d) z () if- Q z () U ~ Z if- d) X ill CJ) W -J -en > Z z ::> en < U' "t Florida Department of Trans JEB BUSH GOVERNOR District Six Maintenance Office 1000 NW 111 Avenue, Room 6214 Miami, Florida 33172 -5800 Telephone (305) 470 -5351 February 01, 1999 Mr. James Dipietro, City Manager City of Sunny Isles Beach 17070 Collins Avenue, Ste 250 Sunny Isles Beach, Florida 33160 -0000 NOTICE TO PROCEED Dear: Mr. Dipietro.: FEB 4 1999 THOMAS P. BARRY, JR. SECRETARY CERTIFIED MAIL - Z 361 041 469 RETURN RECEIPT REQUESTED RE: Beautification Grant for SR A -1 -A ( Collins Avenue) State Project No.: 40390017401 Contract No. AG-776 County Miami -Dade Funds have been allocated and executed by the City and the Department for the above referenced project. The Project Manager in charge of this project is George Fisher. in the District Maintenance Office. You may contact him at (305) 470 -5350. You are authorized to proceed in accordance with the terms and schedule set forth in the contract. Sincerely,, Ronald Steiner, P.E. District Maintenance Engineer RS:jv cc: J. Fernandez, J. Valderrama, G. Fisher, N. Lyons, S. Perez, District File. www.dot.state.fl.us ® RECYCLED PAPER HIGHWAY LANDSCAPE GRANT AGREEMENT AND LANDSCAPE CONSTRUCTION AND MAINTENANCE MEMORANDUM OF AGREEMENT THIS AGREEMENT, made and entered into this day of 19A, by and between the STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION, a component agency of the State of Florida, hereinafter called the 'DEPARTMENT" and the C-i T*)l PIE SL,Ouy s4� fi;mno —, ,apolitical subdivision of the State of Florida, existing under the Laws of Florida, hereinafter called the - AGENCY." . WHEREAS, the DEPARTMENT has jurisdiction over and maintains .State Road_ f►1A as part of the State Highway System; and WHEREAS, the AGENCY seeks to install and maintain certain landscaping within the unpaved areas within the right of way of State Road ALA ; and WHEREAS, the DEPARTMENT agrees that landscaping should be ins talled.;and maintained as proposed by AGENCY and has, through the Florida Highway:Beautifcat_ion Council, awarded AGENCY a beautification rant for installin such landsca in ' g g µP.. grand WHEREAS, the parties hereto mutually recognize the need for entering`into an Agreement designating and setting forth the responsibilities of each party; and WHEREAS, AGENCY, by Resolution No. IS '.3'0 ,'dated / , and attached hereto as Exhibit "A," has accepted said grant and authorized itsits o execute this AGREEMENT on its behalf. NOW THEREFORE, for and in consideration of the mutual benefits to flow each to the other, the parties covenant and agree as follows: The AGENCY hereby agrees to install or cause to be installed landscaping on the highway facility as specified in the Landscape Plan(s) included as Exhibit "B." Such installation shall be in conformance with Florida Administrative Code Rule 14- 40.003, as it may be amended from time to time, and the Florida Highway Landscape Guide, which is incorporated into Rule 14- 40.003 by reference. The AGENCY shall not change or deviate from said plan(s) without written approval of the DEPARTMENT. 2. The AGENCY agrees to maintain- the landscaping within the median and areas outside the travel way within the right of way line in accordance with the Landscape Maintenance Plan(s) included as Exhibit "C." Said maintenance will be in accordance with Florida Administrative Code Rule 14- 40.003 and the Florida Highway Landscape Guide; as they may be amended from time to time. The AGENCY's responsibility for maintenance shall be consistent with the requirements of Florida Administrative Code Rule 14- 40.003(1)(d). The above named functions to be performed by the AGENCY, shall be subject to periodic inspections by the Department. The AGENCY shall not change or deviate from said plan(s) without written approval of the DEPARTMENT. 3. All landscape installation and maintenance activities undertaken by AGENCY shall be in accordance with the Maintenance of Traffic Plan(s) included as Exhibit 'D" and Florida Administrative Code Rule 14- 40.003(4). 4. If at any time after the AGENCY has assumed the landscaping installation or maintenance responsibility above - mentioned, it shall come to the attention of the Department that the limits or a part thereof is not properly installed or maintained pursuant to the terms of this AGREEMENT {AAe District Secretary or his designee may issue a written notice that a deficiency or deficiencies exist(s), by sending a certified letter to the AGENCY to place said AGENCY on notice thereof. Thereafter. the AGENCY shall have a period of thirty (30) calendar days within which to correct the cited deficiencies. If said deficiencies are not corrected within this time period, the DEPARTMENT may at its option, proceed as follows: (a) If installation is not completed in accordance with the plans in paragraph 1, the DEPARTMENT may complete the installation, with DEPARTMENT or Contractor's personnel, and deduct the reasonable cost thereof from the money otherwise due the AGENCY under this AGREEMENT. (b) If installation has been properly completed or if the DEPARTMENT elects not to complete the landscaping under (a) above, and maintenance by AGENCY is not in compliance with paragraphs 2 or 3, the DEPARTMENT may take action to maintain the landscaping or a part thereof, with DEPARTMENT or Contractor's personnel and invoice the AGENCY for expenses incurred, or (c) The DEPARTMENT may terminate the AGREEMENT, in which case the AGENCY shall at its own expense and within sixty (60) days after written notice by the DEPARTMENT, remove all of the landscaping that the DEPARTMENT directs be removed and return the right -of - -way to its original condition. The AGENCY will own such materials as it removes and the DEPARTMENT shall own any materials remaining. The DEPARTMENT may, in its discretion, remove, relocate or adjust the landscaping materials, with the AGENCY being responsible for the cost of any removal. Upon DEPARTMENT action under one of the above options and upon direction of the DEPARTMENT, AGENCY shall cease installation and maintenance activities under this AGREEMENT. / ** provided that failure of the AGENCY does not relate to matters outside f its control, i.e., acts of God, ability to obtain materials, etc., 2 It is understood between the parties hereto that the landscaping covered by this AGREEMENT may be removed, relocated or adjusted by the DEPARTMENT at an-' time in the future as determined to be necessary by the DEPARTMENT in order that the state road be widened, altered or otherwise changed to meet with future criteria`or planning of the DEPARTMENT. The AGENCY shall be given sixty (60) calendar days notice to remove said landscaping/hardscape after which time the Department may remove the same. 7. AGENCY may utilize its employees or third parties to accomplish its obligations under paragraphs 1, 2 or 3; however, AGENCY remains responsible for proper performance under this AGREEMENT and shall. take all steps necessary to ensure that its employees or third parties perform as required under this AGREEMENT. 8. The DEPARTMENT hereby agrees that, upon satisfaction of the conditions of paragraph 9 of this AGREEMENT, the DEPARTMENT will pay the AGENCY the amount of $ 6� ot7D =° or So % of the-cost of such installation, whichever is less, as a grant pursuant to Section 339.2405(l 1), Florida Statutes. For purposes of this provision the cost of such installation may only include costs which are allowed by Section 339.2405(l 1), Florida Statutes. 9. Payment shall be made to the AGENCY by the DEPARTMENT under the following" conditions: a. This AGREEMENT has not been terminated . pursuant paragraph 4; b. The grant award has not lapsed under paragraph 11; C. Written certification of the completion of the installation and acceptance by the AGENCY is provided to the DEPARTMENT; d. The Highway Beautification Council has inspected and issued written approval of the work or has issued a written waiver of its inspection rights under this AGREEMENT; and . e. A DEPARTMENT Landscape Architect has inspected the work and has issued a written determination that the AGENCY has completed the installation of the landscaping described in the attached Highway Landscape Construction and Maintenance Memorandum of Agreement in accordance with the terms of that Memorandum of Agreement. 10. Payment under paragraph 9 of this AGREEMENT is also subject to the following conditions: a. Proof of receipt and approval of goods and services must be available upon request' by the DEPARTMENT or the State Comptroller in accordance with Section 215.42, Florida Statutes. b. Bills for fees or other compensation for services or expenses that are recovered pursuant to this AGREEMENT shall contain detail sufficient for a proper preaudit or postaudit thereof and bills for any . travel expenses authorized by _this AGREEMENT shall be submitted and paid in accordance with the rates specified in Section 112.061, Florida Statutes. C. Records of costs incurred under the terms of this AGREEMENT shall be maintained by the AGENCY 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. Copies of these documents shall,be provided to the DEPARTMENT upon request. Records of the costs incurred include the AGENCY'S general accounting records, together with suppoiting documents and records of A21 /h E and all subcontractors perfoiiY. n °-. i. ng work, and all other records of ppjirt E cy! T AM& and subcontractors considered necessary by the DEPARTMENT for a proper audit of costs. 11. The beautification grant awarded pursuant to this AGREEMENT shall be effective.,van ,d continue for a period of one (1) year from the date of this AGREEMENT. - 12. It is understood between the parties hereto that the landscaping covered by (this AGREEMENT may be removed, relocated or adjusted by the DEPARTMENT at`any time in the future as determined to be necessary by the DEPARTMENT in order that the state road be widened, altered or otherwise changed to meet with future criteria 'or planning of the DEPARTMENT. The AGENCY shall be given sixty (60) calendar 'days notice to remove said landscaping /hardscape after which time the Department may remove the same. 13. The term of this AGREEMENT commences upon execution. 14. The AGENCY shall indemnify, defend, and hold harmless the Department and all of its officers, agents, and employees from -any claim, loss, damage, cost, charge, or expense, arising out of any act, error, omission or negligent act by the AGENCY, its agents,, or employees, during the performance of the Agreement, except that neither the AGENCY, its agents, nor its employees will be liable under this paragraph for any claim, loss, damage, cost, charge, or expense arising out of any act, error, omission, or negligent act by the Department or any of its officers, agents, or employees during the performance of the Agreement. 4 15. When the Department receives a notice of claim for damages that may have been caused by the AGENCY in the performance of services required under this Agreement, the Department will immediately forward the claim to and the Department will evaluate the claim and report their findings to each other within seven working days and will jointly discuss options in defending the claim. After reviewing the claim, the Department .will determine whether to require the participation of the claim or to require that participation of the AGENCY in the defense of the claim or to require that the AGENCY defend the Department in such claim as described in this section. The Department's failure to notify the AGENCY of a claim shall not release the AGENCY from any of the requirements of this section. The Department and the AGENCY will pay their own costs for the evaluation, settlement negotiations, and trial, if any. However, if only one party participates in the defense of the claim at trial, that party is responsible for all costs, but if the verdict determines that there is joint responsibility, the costs and liability for damages will be shared in the same percentage as that judicially established. 16. This writing embodies the entire Agreement and understanding between the parties hereto and there are no other Agreements and understanding, oral or written, with reference to the subject matter hereof that are not merged herein and superseded hereby. 17. This AGREENIEN'I' may not be assigned or transferred by the AGENCY in whole or part without the consent of the Department. 18. This AGREEMENT shall be governed by and construed in accordance with the laws of the State of Florida. In the event of a conflict between any portion of the AGREEMENT and Florida law, the laws of Florida shall prevail. IN WITNESS WIIIEREOF, the parties hereto have caused these presents to be executed the day and year first above written. CITY OF SUNNY ISLES BEACH STATE OF FLORIDA (AGENCY) DEPAR OF ANSPORTATION { .-By: By: yerar D ecretary r''' �'I. Attest` �EAL) Attest: "• (SEAL) t Clerk/Director retary , i ". LExecutiveS C13gal Legal Approval Approval 5 21 EXHIBIT "A" IW"ii�Y�L7:Til EXHIBIT "A" RESOLUTION NO. 98 -30 RESOLUTION OF THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, AUTHORIZING THE CITY MANAGER TO MAKE APPLICATION FOR THE STATE OF FLORIDA HIGHWAY BEAUTIFICATION GRANT ON BEHALF OF THE CITY IN THE AMOUNT OF SIXTY THOUSAND ($60,000) DOLLARS WITH MATCHING FUNDS FROM THE CITY BASED ON CONCEPTUAL PLANS PROVIDED BY O'LEARY DESIGN ASSOCIATES, ATTACHED AS EXHIBIT "A ". WHEREAS, on December 11, 1997, the City Commission discussed the desire of the City to make application for a beautification grant from the Florida Department of Transportation ( "F.D.O.T. ") and unanimously approved a motion to accept a flat fee proposal from O'Leary Design Associates, P.A., in the fixed amount of $10,000 for its professional services; and WHEREAS, O'Leary Design Associates, P.A., has now prepared such conceptual landscape architectural plans for the City of Sunny Isles Beach which have been reviewed by the City Commission; and NOW THEREFORE BE IT RESOLVED, BY THE MAYOR AND THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, that: Section 1. The City Manager is hereby authorized to make formal application based on the landscape architectural design plans of O'Leary Design Associates, P.A., and take whatever action is necessary on behalf of the City of Sunny Isles Beach, Florida, with the Florida Department of Transportation to secure a sixty thousand ($60,000) dollar highway beautification grant with the City to supply matching funds. Section 2. The City Commission approves the conceptual plans prepared by O'Leary Design Associates, P.A., and authorizes the City Manager to exercise his judgment in approving modifications to the plans as may be necessary to assist the City in securing the highway beautification grant from F.D.O.T. for the City of Sunny Isles Beach. Section 3 This Resolution shall take effect immediately upon adoption. PASSED AND ADOPTED this 22od day of January, 1998. David Samson, Mayor ATTEST: Richard E. Brown, City Clerk APPROVED AS TO FORM AND LEGAL SUFFICIENCY off" Lynn K Dahnheisser, City Attorney STATE OF FLORIDA COUNTY OF MIAMI -DADE: 1, RICHARD BROWN- MORILLA, City Clerk of the City of Sunny 1sles.Beach, Florida, do hereby certify that the above and foregoing is a true and correct copy of the original thereof on file in this;ofHce: ' " WITNESS; my band this L day of _�_Lcfty City of Sunny Isles Beach, Florida