HomeMy WebLinkAboutR-03-0967J-03-769
08/28/03
RESOLUTION NO. a) 3 - 967
A RESOLUTION OF THE MIAMI CITY COMMISSION,
WITH ATTACHMENT(S), AUTHORIZING THE CITY
MANAGER TO EXECUTE AN ASSIGNMENT OF THE JOINT
PARTICIPATION AGREEMENT, IN SUBSTANTIALLY THE
ATTACHED FORM, WITH THE MIAMI DOWNTOWN
DEVELOPMENT AUTHORITY AND THE FLORIDA
DEPARTMENT OF TRANSPORTATION FOR THE
ADMINISTRATION AND TECHNICAL SUPERVISION OF
THE FLAGLER STREET MARKETPLACE PROJECT IN
DOWNTOWN MIAMI (CAPITAL IMPROVEMENTS PROJECT
NO. 341140) INCLUDING THE RECEIPT OF
REIMBURSEMENTS AND ADMINSTRATION OF REMAINING
FDOT GRANT FUNDS FOR THE PROJECT IN THE TOTAL
ESTIMATED AMOUNT OF $2,270,000.
WHEREAS, the City of Miami ("City"), the Downtown
Development Authority ("DDA"), Florida Department of
Transportation ("FDOT") and other agencies wish to facilitate the
construction of improvements to enhance traffic operations in the
City, as proposed under the Downtown Flagler Street Marketplace
Project ("Project"), also known as the Flagler Street Corridor
Improvements Project; and
WHEREAS, the DDA has received funding for this Project from
FDOT in the total amount of $2,607,000; and
7 q MR!� r n w
EC,re ;q,
CITY COM3OSSION
MEETING QF
UT 1 1 2003
Resolution No.
o)3_ g_f
WHEREAS, DDA entered into a Joint Participation Agreement as
of November 4, 1999 and a subsequent Supplemental Joint
Participation Agreement as of October 31, 2001 (together referred
to as the "JPA"), both of which set forth the terms and
conditions under which the parties intended to develop and
implement the Project; and
WHEREAS, under the terms of said JPA, FDOT funds are to be
used for the design and construction of roadway and drainage
improvements that will allow for the conversion of Flagler Street
back to a two-way traffic thoroughfare; and
WHEREAS, the design of those improvements has been completed
under the direct supervision of DDA at a total cost of $337,000
leaving a balance of $2,270,000 in the funding allocation from
FDOT; and
WHEREAS, DDA, FDOT and the City find that the construction
of the improvements is best accomplished under the direct
administrative and technical supervision of the City, through its
Department of Capital Improvements ("DCI"); and
WHEREAS, the attached Assignment of the JPA, with prior
approval of FDOT and DDA, sets forth the terms and conditions for
the use of the FDOT funds and reimbursement to City by FDOT;
NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY
OF MIAMI, FLORIDA:
Page 2 of 4 0)3-
967
Section 1. The recitals and findings contained in the
Preamble of this Resolution are adopted by reference and
incorporated as if fully set forth in this Section.
Section 2. The City Manager is authorizedll to execute
an Assignment of Joint Participation Agreement, in substantially
the attached form, with the DDA and FDOT, for the administration
and technical supervision of the Flagler Street Marketplace
Project in Downtown Miami (Capital Improvements Project
No. 341140) including the receipt of reimbursements and
administration of remaining FDOT grant funds for the Project in
the total estimated amount of $2,270,000.
Section 3. This Resolution shall become effective
immediately upon its adoption and signature of the Mayor.'
1� The herein authorization is further subject to compliance with
all requirements that may be imposed by the City Attorney,
including but not limited to those prescribed by applicable
provisions of the City Charter and Code.
zi 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 4
3 - 967
PASSED AND ADOPTED this 11th day of September , 2003.
ATTEST:
PRISCILLA A. THOMPSON
CITY CLERK
APPROVED TO'FORM AND CORRECTNESS
DRO VILARELLO
Ql' Y ATTORNEY
W7489:tr:AS:BSS
Waaa, (2-
MANUEL A. DIAZ, MA29
Page 4 of 4 NJ 3— 967
I
1z
ASSIGNMENT OF JOINT PARTICIPATION AGREEMENT
FINANCIAL P130JECT NO.: Fund: 010 (DS/CIGP) FLAIR Approp.: 088572/088717/088849
40673413401/40673415401 Function: 215 FLAIR Obj.: 750008/7900921790089
Contract No.: AH877 Federal No.: N/A Org.Code: 55063030643/55064010612/55064010601
Vendor No.: F596000375096
Cataloa of Federal Domestic Assistance No.: wn Catalog of State Financial Assistance Number: 55014/55008
This Agreement is made this _ day of , 2003, by and among
Downtown Development Authority of the City of Miami ("DDA"), The City of Miami,
a municipal corporation of the State of Florida ("City"), and the State of Florida
Department of Transportation, an agency of the State of Florida ("FDOT").
RECITALS
A. DDA and FDOT have entered into a Joint Participation Agreement dated
November 4, 1999, as amended by Supplemental Joint Participation Agreement
Number 1, to provide funding for the design and construction of the Flagler
Street Corridor Improvements Project (the "Project"), as more particularly
described in the Agreement, a copy of which is attached hereto as Exhibit "A"
(the "JPA").
B. The JPA provides for funding to the DDA on a reimbursement basis, thereby
requiring DDA to make initial payments for construction pending
reimbursement of allowable costs from FDOT.
C. The City has agreed to supervise the construction of the Project and to make
initial payments in connection therewith.
D. DDA and the City agree that it is in the best interest of both parties, and of the
Project, for the City to be the recipient of the JPA funds under the JPA.
E. DDA wishes to assign to the City and the City wishes to accept from DDA, all
of DDA's rights and obligations under the JPA.
NOW, THEREFORE, in consideration of the foregoing, it is agreed as follows:
1. Recitals: The recitals are true and correct and are hereby incorporated into
and made a part of this Agreement.
2. Assignment of JPA: DDA hereby assigns to the City and the City hereby
accepts from DDA, all of DDA's rights and obligations as the "Agency" under
the JPA. DDA represents and warrants to the City that the JPA is in good
standing and the DDA is not in default, has not defaulted, and has not done or
failed to do anything that with the passage of time would constitute a default,
o)3— 967
tom.
under the JPA. Simultaneously with the execution of this Assignment DDA
shall deliver to the City all documents and records required to be maintained by
DDA under the JPA. DDA shall be responsible for compliance with all of the
JPA requirements up to the date of this Assignment and the City shall be
responsible for compliance with all of the JPA requirements subsequent to the
date hereof. To the extent permitted by law, DDA and the City hereby
indemnify each other from and against all actions arising out of the performance
of their respective obligations, and their representations, under this Agreement.
3. Consent to Assignment: FDOT hereby consents to the foregoing
assignment.
4. Notices: Any notice or communication under the JPA or this Agreement shall
be in writing and shall be deemed sufficiently given if hand delivered or
dispatched by United States certified mail, postage prepaid, return receipt
requested, or by nationally recognized overnight delivery service, to the
appropriate party or entity at the address specified below or at such other address
of which the other party shall be duly notified in writing:
(a) In the case of a notice or communication to DDA, to:
Executive Director
200 South Biscayne Boulevard, Suite 1818
Miami, FL 33131
(b) In the case of a notice or communication to the City, to:
City Manager
Miami Riverside Building, 9d' Floor
444 S.W. 2nd Avenue
Miami, Florida 33130
(c) In the case of a notice or communication to FDOT, to:
Gary L. Donn
Director of Planning and Public Transportation
602 South Miami Avenue
Miami, Florida 33130
(d) A duplicate copy of each notice given by any party to this
Agreement to the other shall also be delivered to the City at the
following addresses:
City Attorney
City of Miami
ej3— 967
sem.
Miami Riverside Building, 9d' Floor
444 S.W. 2nd Avenue
Miami, Florida 33130
All notices shall be deemed received when actually delivered if delivered by
hand or by a nationally recognized overnight delivery service and shall be deemed
delivered five (5) days following mailing in the event mailed as provided above.
IN WITNESS WHEREOF, the parties have caused this Agreement to be signed
as of the date first above written.
Attest:
By:
Secretary
Attest:
By:
Priscilla A. Thompson, City Clerk
Approved as to Form
and Correctness:
The Downtown Development Authority
By:
Title:
The City of Miami
By:
City Manager
State
LO
Florida
W1
District Virector of Planning and
Public Transportation
Legal Review, Department of
Transportation
".!3- 96
r_ --a
ITEM -SEGMENT -PHASE -SEQUENCE
4067341-34-01
Contract No:AH877
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
PUBLIC TRANSPORTATION
JOINT PARTICIPATION AGREEMENT
Fund: 010 Funcdon:215
Federal No:N\A
Catalog of Federal Domestic Assistance
Number:N\A
FORSt -5-0=
PUBLIC TR.aNSP AD:
G
Page 1 c
SAMAS Approp:088849
SANS Obj.:790089
Org. Code:55062020629
Vendor No: F591154607001
THIS AGREEMENT, made and entered into this day of V )Ov em 12-9r '19 >
by and between the STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION, an agency of the State of Florida,
hereinafter referred to as the Department, and MIA2yII DOWNTOWN DEVELOPMENT AUTHORITY : FIRST
UNION FINANCE CENTER, 200 SOUTH BISCAYNE BLVD, SUITE 1818, MIAMI, FLORIDA 33131
hereinafter referred to as the AGENCY.
WITNESETH:
WHEREAS, the Agency has the authority to enter into said Agreement and to undertake the project hereinafter
described, and the Department has been granted the authority to function adequately in all areas of appropriate
jurisdiction including the implementation of an integrated and balanced transportation system and is authorized
under CHAPTER 341.053, Florida Statutes, to enter into this Agreement;
NOW, THEREFORE, in consideration of the mutual covenants, promises and representations herein, the parties
agree as follows:
1.00 Purpose of Agreement: The purpose of this Agreement is to allocate funding for the design of Flagler
Street Corridor Improvements Project. The limits of this project extend from
River Drive to Biscayne Boulevard. The scope of the project consist of drainage
improvements, milling and resurfacing, signing and pavement markings, stripping
and curb and gutter modifications on Flagler NElst and Southlst Street,
traffic/pedestrian signalization, landscaping, expansion of the downtown bus
terminal along NElst Avenue and NElst Street. .
and as further described in Exhibit(s) A,B and C attached hereto and by this reference made a pan
hereof, hereinafter referred to as the project, and to provide Departmental financial assistance to the Agency and state the
terms and conditions upon which such assistance will be provided and the understandings as to the manner in which the
project will be undertaken and completed. ;j3 9 V FYWIRIT A
e tr%A
FORM ;,5-0]0-06
PUBLIC MANSP ADSU;t
06199
Pace 2 of 12
2.00 Accomplishment of the Project:
2.10 General Requirements: The Agency shall commence, and complete the project as described in Exhibit
"A" attached hereto and by this reference made a part hereof, with all practical dispatch, in a sound, economical, and
efficient manner, and in accordance with the provisions herein, and all applicable laws.
2.20 Pursuant to Federal, State, and Local Law: In the event that any election, referendum, approval, permit,
notice, or other proceeding or authorization is requisite under applicable law to enable the Agency to enter into this
Agreement or to undertake the project hereunder, or to observe, assume or carry out any of the provisions of the
Agreement, the Agency will initiate and consummate, as provided by law, all actions necessary with respect to any such
matters so requisite.
2.30 Funds of the Agency: The Agency shall initiate and prosecute to completion all proceedings necessary
including federal aid requirements to enable the Agency to provide the necessary funds for completion of the project.
2.40 Submission of Proceedings, Contracts and Other Documents: The Agency shall submit to the
Department such data, reports, records, contracts and other documents relating to the project as the Department may
require as listed in Exhibit "C" attached hereto and by this reference made a part hereof.
3.00 Project Cost: The total estimated cost of the project is $576,442 . This amount
is based upon the estimate summarized in Exhibit "B" attached hereto and by this reference made a part hereof. The
Agency agrees to bear all expenses in excess of the total estimated cost of the project and any deficits involved.
4.00 Department Participation: The Department agrees to maximum participation, including contingencies, in
the project in the amount of $300,000 as detailed in Exhibit "B", or in an amount equal
to the percentage(s) of total project cost shown in Exhibit "B", whichever is less.
4.10 Project Cost Eligibility: Project costs eligible for State participation will be allowed only from the effective
date of this Agreement. It is understood that State participation in eligible project costs is subject to: %
(a) Legislative approval of the Department's appropriation request in the work program year that the project
is scheduled to be committed;
(b) Availability of funds as stated in paragraph 17.00 of this Agreement;
(c) Approval of all plans, specifications, contracts or other obligating documents and all other terms of this
Agreement;
(d) Department approval of the project scope and budget (Exhibits A & B) at the time appropriation authorin
becomes available.
4.20 Front End Funding: Front end funding is not applicable. If applicable, the Department may initially pay
100% of the total allowable incurred project costs up to an amount equal to its total share of participation as shown it
paragraph 4.00.
5.00 Retainage: Retainage is not applicable. If applicable,
total share of participation as shown in paragraph 4.00 is to be held in retainage to
discretion, on or before the completion of the final project audit.
percent of the Department';
be disbursed, at the Department';
"�3- 967
#W.
6.00 Project Budget and Payment Provisions:
FORM rs430-04
PUHuc TRANSP ADUL ;
oa.ss
hlcl or;_
6.10 The Project Budget: A project budget shall be prepared by the Agency and approved by the Department.
The Agency shall maintain said budget, carry out the project and shall incur obligations against and make disbursements of
project funds only in conformity with the latest approved budget for the project. No budget increase or decrease shall be
effective unless it complies with fund participation requirements established in paragraph 4.00 of this Agreement and is
approved by the Department Comptroller.
6.20 Payment Provisions: Unless otherwise allowed under paragraph 4.20, payment will begin in the year the
project or project phase is scheduled in the work program as of the date of the agreement. Payment will be made for
actual costs incurred as of the date the invoice is submitted with the final payment due upon receipt of a final invoice.
7.00 Accounting Records:
7.10 Establishment and Maintenance of Accounting Records: The Agency shall establish for the project, in
conformity with requirements established by Department's program guidelines/procedures and "Principles for State and
Local Governments", separate accounts to be maintained within its existing accounting system or establish independent
accounts. Such accounts are referred to herein collectively as the "project account". Documentation of the project
account shall be made available to the Department upon request any time during the period of the Agreement and for three
years after final payment is made.
7.20 Funds Received Or Made Available for The Project: The Agency shall appropriately record in the
project account, and deposit in a bank or trust company which is a member of the Federal Deposit Insurance Corporation,
all payments received by it from the Department pursuant to this Agreement and all other funds provided for, accruing to,
or otherwise received on account of the project, which Department payments and other funds are herein_ collectively
referred to as "project funds". The Agency shall require depositories of project funds to secure continuously and fully all
project funds in excess of the amounts insured under federal plans, or under State plans which have been approved for the
deposit of project funds by the Department, by the deposit or setting aside of collateral of the types and in the manner as
prescribed by State Law for the security of public funds, or as approved by the Department.
7.30 Costs Incurred for the Project: The Agency shall charge to the project account all eligible costs of -the
project. Costs in excess of the latest approved budget or attributable to actions which have not received the required
approval of the Department shall not be considered eligible costs.
7.40 Documentation of Project Costs: All costs charged to the project, including any approved services
contributed by the Agency or others, shall be supported by properly executed payrolls, time records, invoices, contracts,
or vouchers evidencing in proper detail the nature and propriety of the charges.
7.50 Checks, Orders, and Vouchers: Any check or order drawn by the Agency with respect to any item which
is or will be chargeable against the project account will be drawn only in accordance with a properly signed voucher then
on file in the office of the Agency stating in proper detail the purpose for which such check or order is drawn. All checks,
payrolls, invoices, contracts, vouchers, orders, or other accounting documents pertaining in whole or in part to the project
shall be clearly identified, readily accessible, and, to the extent feasible, kept separate and apart from all other such
documents.
;J3- 96'7
=YWtatT 0
FOPW 72103o.a
PUBUC TRA.\SP ADM4,
ow.
PIP 4 of 1:
7.60 Audit Reports:
1. All federal awards are to be identified using the Catalog of Federal Domestic Assistance (CFDA) title and
number, award number, and year, and name of the federal agency. State grant and aid funded grants are to be
identified with the Financial Project Number (FPN) and contract number.
2. Audits shall be conducted under the guidelines of A-133, Section 216.349, Florida Statutes, and Chapter 10.600,
Rules of the Auditor General.
For fiscal years beginning after June 30, 1998, the reporting packages and data collection forms are to be
submitted within the earlier of 30 days after the receipt of the auditor's report, or 9 months after the end of the
subrecipient's (Agency's) fiscal year. The date the audit report was delivered to the subrecipient (Agency) must
be indicated by the subrecipient (Agency) in correspondence accompanying the audit report, or reporting package,
and data collection form.
4. The Agency shall follow up and take corrective action on audit findings. A-133 further requires the preparation of
a summary schedule of prior audit findings and a corrective action plan for current year audit fuidings. .
5. Project records shall be retained and available for at least three years after the final payment. Records related to
unresolved audit findings, appeals, or litigation shall be retained until the action is completed or the dispute is
resolved.
Reports of audits conducted in accordance with OMB Circular A-133, and corresponding 6collection forms
shall be sent to:
Federal Audit Clearinghouse
Bureau of the Census
1201 East 10th Street
Jefferson, IN 47132
and the District Public Transportation Office identified in paragraph 8.10 of this agreement.
Reports of audits conducted in accordance with Section 216.349, Florida Statutes, and Chapter 10.600 Rules of
the Auditor General shall be sent to:
State of Florida Auditor General
P.O. Box 1735
Tallahassee, FL 32302-1735
and the District Public Transportation Office identified in paragraph 8.10 of this agreement.
7.70 Insurance: Execution of this Joint Participation Agreement constitutes a certification that the Agency has
and will maintain the ability to repair or replace any project equipment or facilities in the event of loss or damage due to
any accident or casualty for the useful life of such equipment or facilities. In the event of the loss of such equipment or
facilities, the Agency shall either replace the equipment or facilities or reimburse the Department to the extent of its
interest in the lost equipment or facility.
In the event this Agreement is for purchase of land or for the construction of infrastructure such as airport runways the
Department may waive or modify this section with an Exhibit "C".
8.00 Requisitions and Payments:
sj3— 96'7
cVWIRIT A
W,
FOR.! r -s -0w -c
PUBLIC TRANSP AMU.'
069
Pete S of 1:
8.10 Action by the Agency: In order to obtain any Department funds, the Agency shall file with the Departmeni
of Transportation, District Sic Public Transportation Office 602 South Miami Ave -Miami Florida, 33130 its
requisition on a form or forms prescribed by the Department, and other data pertaining to the project account (as defined
in paragraph 7.10 hereof] to justify and support the payment requisitions.
8.11 Invoices for fees or other compensation for services or expenses shall be submitted in detail
sufficient for a proper preaudit and postaudit thereof.
8.12 Invoices for any travel expenses shall be submitted in accordance with Chapter 112.061, F.S.
The Department may establish rates lower than the maximum provided in Chapter 112.061, Florida Statutes.
8.13 For real property acquired, submit;
(1) the date the Agency acquired the real property,
(2) a statement by the Agency certifying that the Agency has acquired said real property, and actual
consideration paid for real property.
(3) a statement by the Agency certifying that the appraisal and acquisition of the real property
together .with any attendant relocation of occupants was accomplished in compliance with all
federal laws, rules and procedures required by any federal oversight agency and with all state
Iaws, rules and procedures that may apply to the Agency acquiring the real property.
8.20 The Department's Obligations: Subject to other provisions hereof, the Department will honor such
requisitions in amounts and at times deemed by the Department to be proper to ensure the carrying out of the project and
payment of the eligible costs. However, notwithstanding any other provision of this Agreement, the Department may elect
by notice in writing not to make a payment on the project if:
8.21 Misrepresentation: The Agency shall have made misrepresentation of a material nature in its
application, or any supplement thereto or amendment thereof, or in or with respect to any document or data
furnished therewith or pursuant hereto;
8.22 Litigation: There is then pending litigation with respect to the performance by the Agency of
any of its duties or obligations which may jeopardize or adversely affect the project, the Agreement, or payments
to the project;
8.23 Approval by Department: The Agency shall have taken any action pertaining to the project
which, under this agreement, requires the approval of the Department or has made related expenditures or
incurred related obligations without having been advised by the Department that same are approved;
8.24 Conflict of Interests: There has been any violation of the conflict of interest provisions contained
herein; or
8.25 Default: The Agency has been determined by the Department to be in default under any of the
provisions of the Agreement. v
8.26 Federal Participation (If Applicable): Any federal agency providing federal financial assistance
to the project suspends or terminates federal financial assistance to the project. In the event of suspension or
termination of federal financial assistance, the Agency will reimburse the Department for all disallowed costs.
8.30 Disallowed Costs: In determining the amount of the payment, the Department will exclude all projects
costs incurred by the Agency prior to the effective date of this Agreement, costs which are not provided for in the latest
approved budget for the project, and costs attributable to goods or services received under a contract or other
arrangements which have not been approved in writing by the Department. a� 3 967cvuIQIT e
4.
FOILM Y3-030.06
PUBLIC TPANSP ADMIN
06159
Page 6 of 12
8.40 Payment Offset: If, after project completion, any claim is made by the Department resulting from an
audit or for work or services performed pursuant to this agreement, the Department may offset such amount from
payments due for work or services done under any public transportation joint participation agreement which it has with the
Agency owing such amount if, upon demand, payment of the amount is not made within sixty (60) days to the
Department. Offsetting amounts shall not be considered a breach of contract by the.Department.
9.00 Termination or Suspension of Project:
9.10 Termination or Suspension Generally: If the Agency abandons or, before completion, finally discontinues
the project; or if, by reason of any of the events or conditions set forth in paragraphs 8.21 to 8.26 inclusive, or for any
other reason, the commencement, prosecution, or timely completion of the project by the Agency is rendered improbable,
infeasible, impossible, or illegal, the Department will, by written notice to the Agency, suspend any or all of its obligations
under this Agreement until such time as the event or condition resulting in such suspension has ceased or been corrected,
or the Department may terminate any or all of its obligations under this Agreement. _.
9.11 Action Subsequent to Notice of Termination or Suspension. Upon receipt of. any final
termination or suspension notice under this paragraph, the Agency shall proceed promptly to carry out the actions
required therein which may include any or all of the following: (1) necessary action to terminate or suspend, as
the case may be, project activities and contracts and such other action as may be required or desirable to keep to
the minimum the costs upon the basis of which the financing is to be computed; (2) furnish a statement of the
project activities and contracts, and other undertakings the cost of which are otherwise includable as project costs;
and (3) remit to the Department such portion of the financing and any advance payment previously received as is
determined by the Department to be due under the provisions of the Agreement. The termination or suspension
shall be carried out in conformity with the latest schedule, plan, and budget as approved by the Department or
upon the basis of terms and conditions imposed by the Department upon the failure of the Agency tr, furnish the
schedule, plan, and budget within a reasonable time. The approval of a remittance by the Agency or the closing
out of federal financial participation in the project shall not constitute a waiver of any claim which the Department
may otherwise have arising out of this Agreement.
9.12 The Department reserves the right to unilaterally cancel this Agreement for refusal by the contractor
or Agency to allow public access to all documents, papers, letters, or other material subject to the provisions of
Chapter 119, Florida Statutes and made or received in conjunction with this Agreement.
10.00 Remission of Project Account Upon Completion of Project: Upon completion of the project, and after
payment, provision for payment, or reimbursement of all project costs payable from the project account is made, the
Agency shall remit to the Department its share of any unexpended balance in the project account.
11.00 Audit and Inspection: The Agency shall permit, and shall require its contractors to permit, the
Department's authorized representatives to inspect all work, materials, payrolls, records; and to audit the books, records
and accounts pertaining to the financing and development of the project.
12.00 Contracts of the Agency:
12.10 Third Party Agreements: Except as otherwise authorized in writing by the Department, the Agency shall
not execute any contract or obligate itself in any manner requiring the disbursement of Department joint participation
funds, including consultant, construction or purchase of commodities contracts or amendments thereto, with any third
parry with respect to the project without the written approval of the Department. Failure to obtain such approval shall be
sufficient cause for nonpayment by the Department as provided in paragraph 8.23. The Department specifically reserves
unto itself the right to review the qualifications of any consultant or contractor and to approve or disapprove the
employment of the same. ;j3— 967
GYW1QIT A
#.
FORM rs-030-C
PUBLIC T NSPal7Ntl:
06+9
Page 7 of I
12.20 Compliance with Consultants' Competitive Negotiation Act: It is understood and agreed by the parties
hereto that participation by the Department in a project with an Agency, where said project involves a consultant eontrac
for engineering, architecture or surveying services, is contingent on the Agency complying in full with provisions o:
Chapter 287, Florida Statutes, Consultants Competitive Negotiation Act. At the discretion of the Department, the Agenc}
will involve the Department in the Consultant Selection Process for all contracts. In all cases, the Agency's Attorney shalt
certify to the Department that selection has been accomplished in compliance with. the Consultant's Competitive
Negotiation Act.
12.30 Disadvantaged Business Enterprise (DBE) Policy and Obligation:
12.31 DBE Policy: It is the policy of the Department that disadvantaged business enterprises as defined
in 49 CFR Part 23, as amended, shall have the maximum opportunity to participate in the performance of
contracts financed in whole or in part with Department funds under this Agreement. The DBE requirements of 49
CFR Part 23, as amended, apply to this Agreement.
12.32 DBE Obligation: The Agency and its contractors agree to ensure that Disadvantaged Business
Enterprises as defined in 49 CFR Part 23, as amended, have the maximum opportunity to participate in the
performance of contracts and this Agreement. In this regard, all recipients, and contractors shall take all
necessary and reasonable steps in accordance with 49 CFR Part 23, as amended, to ensure that the Disadvantaged
Business Enterprises have the maximum opportunity to compete for and perform contracts. Grantees, recipients
and their contractors shall not discriminate on the basis of race, color, national origin or sex in the award and
performance of Department assisted contracts.
13.00 Restrictions, Prohibitions, Controls, and Labor Provisions:
13.10 Equal Employment Opportunity: In connection with the carrying out of any project, the Agency shall
not discriminate against any employee or applicant for employment because of race, age, creed, color, sex or national
origin. The Agency will take affirmative action to ensure that applicants are employed, and that employees are treated
during employment, without regard to their race, age, creed, color, sex, or national origin. Such action shall include, but
not be limited to, the following: Employment upgrading, demotion, or transfer; recruitment or recruitment advertising;
layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship.
The Agency shall insert the foregoing provision modified only to show the particular contractual relationship in all its
contracts in connection with the development or operation of the project, except contracts for the standard commercial
supplies or ra,.v materials, and shall require all such contractors to insert a similar provision in all subcontracts, except
subcontracts for standard commercial supplies or raw materials. When the project involves installation, construction,
demolition, removal, site improvement, or similar work, the Agency shall post, in conspicuous places available to
employees and applicants for employment for project work, notices to be provided by the Department setting forth the
provisions of the nondiscrimination clause.
13.20 Title V1- Civil Rights Act of 1964: Execution of this Joint Participation Agreement constitutes a
certification that the Agency will comply with all the requirements imposed by Title VI of the Civil Rights Act of 196=* (i8
Statute 252), the Regulations of the Federal Department of Transportation issued thereunder, and the assurance by the .
Agency pursuant thereto.
13.30 Title VIII - Civil Rights Act of 1968: Execution of this Joint Participation Agreement constitutes a
certification that the Agency will comply with all the requirements imposed by Title VIII of the Civil Rights Act of 1968,
42 USC 3601,et seq., which among other things, prohibits discrimination in housing on the basis of race, color, national
origin, religion, sex, disability and familial status. ;j3— 967
13.40 Americans with Disabilities Act of 1990 (ADA): Execution of this Joint Participation Agreement
constitutes a certification that the Agency will comply with all the requirements imposed by the ADA, the regulations of
the federal goverrunent issued thereunder, and the assurance by the Agency pursuant thereto. evuicttT e
FORM r-U3(k
PUBLIC TPAKSP ADMI;
065
Page aofI
13.50 Prohibited Interests: Neither the Agency nor any of its contractors or their subcontractors shall enter into
any contract, subcontract, or arrangement in connection with the project or any property included or planned to bt
included in the project, in which any member, officer, or employee of the Agency during his tenure or for two years
thereafter has any interest, direct or indirect. If any such present or former member, officer, or employee involuntarily
acquires or had acquired prior to the beginning of his tenure any such interest, and if such interest is immediately disclosed
to the Agency, the Agency with prior approval of the Department, may waive the prohibition contained in this subsection:
Provided, that any such present member, officer or employee shall not participate in any action by the Agency relating to
such contract, subcontract, or arrangement. The Agency shall insert in all contracts entered into in connection with the
project or any property included or planned to be included in any project, and shall require its contractors to insert in each
of their subcontracts, the following provision:
"No member, officer, or employee of the Agency during his tenure or for two years thereafter shall have any
interest, direct or indirect, in this contract or the proceeds_ thereof."
The provisions of this subsection shall not be applicable to any agreement between the Agency and its fiscal depositories,
or to any agreement for utility services the rates for which are fixed or controlled by a Governmental agency.
13.60 Interest of Members of, or Delegates to, Congress: No member or delegate to the Congress of the
United States shall be admitted to any share or part of the Agreement or any benefit arising therefrom.
14.00 Miscellaneous Provisions:
14.10 Environmental Pollution: Execution of this Joint Participation Agreement constitutes a certification by the
Agency that the project will be carried out in conformance with all applicable environmental regulations including the
securing of any applicable permits. The Agency will be solely responsible for any liability in the event of non-compliance
with applicable environmental regulations, including the securing of any applicable permits, and will .reimburse the
Department for any loss incurred in connection therewith. v
14.20 Department Not Obligated to Third Parties: The Department shall not be obligated or liable hereunder
to any party other than the Agency.
14.30 When )bights and Remedies Not Waived: In no event shall the making by the Department of any
payment to the Agency constitute or be construed as a waiver by the Department of any breach of covenant or any default
which may then exist, on the part of the Agency, and the making of such payment by the Department while any such
breach or default shall exist shall in no way impair or prejudice any right or remedy available to the Department with
respect to such breach or default.
14.40 How Agreement Is Affected by Provisions Being Held Invalid: If any provision of this Agreement is
held invalid, the remainder of this Agreement shall not be affected. In such an instance the remainder would then continue
to conform to the terms and requirements of applicable law.
14.50 Bonus or Commission: By execution of the Agreement the Agency represents that it has not paid and, .
also, agrees not to pay, any bonus or commission for the purpose of obtaining an approval of its application for the
financing hereunder.
14.60 State or Territorial Law: Nothing in the Agreement shall require the Agency to observe or enforce
compliance with any provision thereof, perform any other act or do any other thing in contravention of any applicable
State law: Provided, that if any of the provisions of the Agreement violate any applicable State law, the Agency will at
once notify the Department in writing in order that appropriate changes and modifications may be made y the $ almenc
and the Agency to the end that the Agency may proceed as soon as possible with the project. " "''
14.70 Use and Maintenance of Project Facilities and Equipment: The Agency agrees that the pro ect facilities
GYNrP A
A --!-----A' -1 fr%A
OW.
FORM 715-030-M
PUBLIC TRANS? ADMIN
06199
Page 9 of 12
and equipment will be used by the Agency to provide or support public transportation for the period of the useful life of
such facilities and equipment as determined in accordance with general accounting principles -and approved by the
Department. The Agency further agrees to maintain the project facilities and equipment in good working order for the
useful life of said facilities or equipment.
14.71 Property Records: The Agency agrees to maintain property records, conduct physical inventories
and develop control systems as required by 49 CFR Part 18, when applicable.
14.80 Disposal of Project Facilities or Equipment: If the Agency disposes of any project facility or equipment
during its useful life for any purpose except its replacement with like facility or equipment for public transportation use,
the Agency will comply with the terms of 49 CFR Part 18 relating to property management standards. The Agency agrees
to remit to the Department a proportional amount of the proceeds from the disposal of the facility or equipment. Said
proportional amount shall be determined on the basis of the ratio of the Department financing of the facility or equipment
as provided in this Agreement.
14.90 Contractual Indemnity: To the extent provided by law, the Agency shall indemr-&y, 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, or 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.
The parties recognize and accept the funding restrictions set forth in Section 339.135(6)(a), and Section 129.07, Florida
Statutes, which may affect each of the parties' obligations. Those provisions are as follows:
(a) 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 contracts for periods exceeding one
(1) 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. Section 339.135(6)(a), Florida Statutes. v
(b) It is unlawful for the Board of County Commissioners to expend or contract for the expenditure in any fiscal
year more than the amount budgeted in each fund's budget, except as provided herein, and in no case shall the
total appropriations of any budget be exceeded, except as provided in s. 129.06, and any indebtedness contracted
for any purpose against either of the funds enumerated in this chapter or for any purpose, the expenditure for
which is chargeable to either of said funds, shall be null and void, and no suit or suits shall be prosecuted in any
court in this state for the collection of same, and members of the Board of County Commissioners voting for and
contracting for such amounts and the bonds of such members of said boards also shall be liable for the excess
indebtedness so contracted for. Section 129.07, Florida Statutes.
When either party receives a notice of claim for damages that may have been caused by the other parry in the
performance of services required under this Agreement, that party will immediately forward the claim to the other parry.
Each parry will evaluate the claim and report its findings to each other within fourteen (14) working days and will jointly
discuss options in defending the claim. pi 3 — 967
15.00 Plans and Specifications: In the event that this Agreement involves the purchasing of capital equipment or
the constructing and equipping of facilities, the Agency shall submit to the Department for approval all appropriate plans
and specifications covering the project. The Department will review all plans and specifications and will issue to the
Agency written approval with any approved portions of the project and comments or recommendad any
ing
FX�I�
tf .
FORK 7+3-070.(
PUBLIC TRANSP ADMI
OV
Pose 10 of 1
remainder of the project deemed appropriate. After resolution of these comments and recommendations to th
Department's satisfaction, the Department will issue to the Agency written approval with said remainder of the project.
Failure to obtain this written approval shall be sufficient cause for nonpayment by the Department as provided i
paragraph 8.23.
16.00 Project Completion, Agency Certification: The Agency will certify in writing on or attached to the fins
invoice, that the project was completed in accordance with applicable plans and specifications, is in place on the Agenc.
facility, that adequate title is in the Agency and that the project is accepted by the Agency as suitable for the intender
purpose.
17.00 Appropriation of Funds:
17.10 The State of Florida's performance and obligation to pay under this Agreement is contingent upon a:
annual appropriation by the Legislature.
17.20 Multi -Year Commitment: In the event this Agreement is in excess of $26,000 and has a term for a perioc
of more than one year, the provisions of Chapter 339.136(6)(a), Florida Statutes, are hereby incorporated: "(a) The
Department, during any fiscal year, shall not expend money, incur any liability, or enter into any contract which, by it:
terms involves the expenditure of money in excess of the amounts budgeted as available for expenditure during such fisca
year. Any contract, verbal or written, made in violation of this subsection is null and void, and no money may be paid or
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 contracts for periods exceeding 1 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 incorporatec
verbatim in all contracts of the Department which are for an amount in excess of 26,000 dollars and which have a term foi
a period of more than 1 year."
18.00 Expiration of Agreement: The Agency agrees to complete the project on or before
October 31, 2000 If the Agency does not complete the project within this time period, 'this Agreement
will expire unless an extension of the time period is requested by the Agency and granted in writing by the District
Secretary, District Six Expiration of this Agreement will be considered termination of the project and the
procedure established in paragraph 9.00 of this Agreement shall be initiated.
18.10 Final Invoice: The Agency must submit the final invoice on this project to the Department within 120 days
after the expiration of this Agreement. Invoices submitted after the 120 day time period will not be paid.
19.00 Agreement Format: All words used herein in the singular form shall extend to and include the plural. All
words used in the plural form shall extend to and include the singular. All words used in any gender shall extend to and
include all genders.
20.00 Execution of Agreement: This Agreement may be simultaneously executed in a minimum of two
counterparts, each of which so executed shall be deemed to be an original, and such counterparts together shall constitute
one in the same instrument.
21.00 Restrictions on Lobbying:
21.10 Federal: The Agency agrees that no federal appropriated funds have been paid or will be paid by or on
behalf of the Agency, to any person for influencing or attempting to influence any officer or employee of any federal
agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in
connection with the awarding of any federal contract, the malting of any federal grant, the making of any federal loan, the
entering into of any cooperative agreement, and the extension, continuation, renewal, amendment or modification of any
federal contract, grant, loan or cooperative agreement. ri 3 —
967
cvutQlT A
V11
FORN rs-030-06
PUBLIC TRANSP ADMIT!
06i"
Page 11 of 12
If any funds other than federal appropriated funds have been paid by the Agency to any person for influencing or
attempting to influence an officer or employee of any federal agency, a Member of Congress, an officer or employee of
Congress, or an employee of a Member of Congress in connection with this Joint Participation Agreement, the
undersigned shall complete and submit Standard Form -LLL, "Disclosure Form to Report Lobbying," in accordance with
its instructions.
The Agency shall require that the language of this section be included in the award documents for all subawards at all tiers
(including subcontracts, subgrants, and contracts under grants, loans and cooperative agreements) and that all subrecipients
shall certify and disclose accordingly.
21.20 State: No funds received pursuant to this contract may be expended for lobbying the Legislature or a state
agency.
22.00 Vendors Rights: Vendors (irt this document identified as Agency) providing goods and.services to the
Department should be aware of the following time frames. Upon receipt, the Department has five (5) working days to
inspect and approve the goods and services unless the bid specifications, purchase order or contract specifies otherwise.
The Department 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.
If a payment is not available within 40 days after receipt of the invoice and receipt, inspection and approyal of goods and
services, a separate interest penalty in accordance with Section 215.422(3)(b) will be due and payable, in addition to the
invoice amount to the Agency. 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 (1) dollar will not be enforced unless the Agency requests payment.
Invoices which have to be returned to an Agency because of vendor 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.
A Vendor Ombudsman has been established within the Department of Banking and Finance. The duties of this individual
include acting as an advocate for Agencies who may be experiencing problems in obtaining timely payment(s) from the
Department. The Vendor Ombudsman may be contacted at (904)488-2924 or by calling the State Comptroller's Hotline,
1-800-848-3792.
23.00 Public Entity Crime: Pursuant to 287.133(3)(a) F.S. the following is applicable to this agreement.
287.133(2)(a) "A person or affiliate who has been placed on the convicted vendor 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 lot 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."
93- 96'7
CYNIRIT 0
OW.
ITEM NO. 4067341
CONTRACT NO. AH877
FORM 73.010-06
PUBLIC TRANSP ADMIN
0699
Page 12 of 12
IN WITNESS WHEREOF, the parties hereto have caused these presents be executed, the day and year first above written.
AGENCY G't' FDOT
NAIN
M
TITLE: ` y nu
Acei.......w.�� ^f IDA
See
Encumbrance Form for date of Funding
Comptroller _.
q,4-� �- X-99A,�-M!9
LEGAL APPROVAL
DEPARTMENT OF TRANSPORTATION
DEPARTIN ENT OF TRANSY-QRTAT ON
PUBLIC TRANSPORTATION
r�
,Y
rJ 967 RECYCLED PAPER
CYLJIR1T A
s11
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION FORM 350-020-01
ENCUMBRANCE INPUT FORM COMPTROLLER -FIN ADMIN 09/99
RUSH (Needed by _/_/ (date) )
Reason for RUSH :
Advertise (Letting Date) Termination/Cert of Comp
Award LOA Supplemental Renewal _ Correction
x New Addition Court Order Overrun
Contract #AH877 Contract Type AH Method of Procurement -_G_
Vendor Name Miami Downtown Devlopment Auth. Vendor ID
_F59154607001
Has Written/Verbal Approval from'a Participating Federal Agency
been received_ Yes No _x_
Fed Agmt Amt_ state Funds_300,000.00 Local
Funds
Beginning date of this Agmt: 10/31 /99(Must be after fund
approval)
Ending date of this Agmt: 12/31/00
Execution date of this Agmt: (Only on original agreements) _.
Has work been authorized to begin? Yes _x_ No
Have standard financial provisions been altered by contract terms?
Yes x No If so, show Revision date:
Does this agreement and/or change order include provisions for
reimbursement to D.O.T. from other entities? Yes x No
Brief Description of Work/Comments: Corridor Impovements along
Flagler Street.
JPA with the Miami Downtown Development Authority
ORG-CODE *EO * OBJECT * AMOUNT *FIN PROJ or JOB # *FCT
(FISCAL YEAR) (FUND) alpha
55 xxxxxxxxx *xx * xxxxxx * $ * xxxxxxxxxxx *xxx
(xx/xx) (xxxx)
----------------------------- X------------------------------
55 062020629*11 * 790089 $_ 00,000.00 4067341-34-01 215
(99/00) (00) (ds)
------------------------------------------------------------------
55 xxxxxxxxx *xx * xxxxxx
(xx/xx)
* xxxxxxxxxxx *xxx
(xxxx)
------------------------------------------------------------------
TOTAL AMOUNT'_
300,000.00
Originator:_ Derrick Lewis DATE SENT: 10/14/99 PH/SC: 452-5912_
E-mail USERID(s)pe656dl
TO BE COMPLETED OFFICE OF. COMPTROLLER
BUDGET ENTITY 5590 CATEGORY 088849-00 (/
WORK PROGRAM VERIFICATION AUTHORIZED
ALLOTMENT YEAR DATE CHECKED
NEW 6S LINE _0001
FUNDS APPROVED BY JOHN FAIN
FOR ROBIN M. NAITOVE, CPA, COMPTROLLER DATE: 10-20-1999
9.67
Ate,-;rvr%rrnn+ o%f IDA GY1.IIRIT A
ONW;
ADDITIONAL FUNDING REQUESTS
ORG-CODE *EO * OBJECT_ * AMOUNT *FIN PROJ or JOB # *FCT
(FISCAL YEAR) (FUND) alpha
( FY's) To be completed if funded in 2 or more fiscal years.
55 xxxxxxxxx *xx * xxxxxx * $ *xxxxxxxxxxxx *xxx
(xx/xx) (xxxx)
------------------------------------------------------------------
55 xxxxxxxxx *xx * xxxxxx * $ * xxxxxxxxxxx *xxx
(xx/xx) (xxxx)
-------------------------------- ----------------------------------
55 xxxxxxxxx *xx * xxxxxx * $ * xxxxxxxxxxx *xxx
(xx/xx) (xxxx)
------------------------------------------------------------------
TOTAL AMOUNT * $
------------------------------------------------------------------
ij3- 967
Assignment of JPA EXHIBIT A
April 1995
ITEM NO. 4067341
CONTRACT NO. AH877
EXHIBIT "A"
PROJECT DESCRIPTION AND RESPONSIBILITIES
This exhibit forms an integral part of that certain Joint Participation Agreement between the
State of Florida, Department of Transportation and MIAMI DOWNTOWN DEVELOPMENT
AUTHORITY: FIRST UNION FINANCE CENTER, 200 SOUTH BISCAYNE BLVD, SUITE 1818,
MIAMI, FLORIDA 33131
dated _ // - 4/ -f'f
PROJECT LOCATION: City of Miami, Miami -Dade County.
PROJECT DESCRIPTION: This project consists of the design corridor enhancements along FlaQler
Street from River Drive to Biscayne Boulevard with signalization, signage, striping and curb and
gutter modifications on Flagler at the intersections of N.I'- and South 1" Street and expansion of the -
downtown bus terminal along NE 1 st Avenue and NE 1 st Street.
SPECIAL CONSIDERATIONS BY AGENCY:
This project will be designed in accordance with City of Miami standards and specifications. The
City of Miami and its contractors shall accept full responsibility and liability for any errors,
omissions and deficiencies in the design and construction of this project.
To the extent provided in Chapter 768.28, Florida Statues, the City of Miami shall indemnify and
hold the Department of Transportation harmless for any and all design and construction errors,
omissions and deficiencies in this project
The audit report(s) required in paragraph 7.60 of the Agreement shall include a schedule of project
assistance that will reflect the Department's contract number, WPI number and Job number and the
Federal Identification number, where applicable, and the amount of state funding action (receipt and
disbursement of funds) and any federal or local funding action and the funding action from any other
September 1996
03- 9 6'7
Assignment of JPA EXHIBIT A
April 1995
source with respect to the project.
SPECIAL CONSIDERATIONS BY DEPARTMENT:
Concurrent with this agreement the Department shall initiate the process of transferring jurisdiction
of SR968/Flagler from Biscayne Boulevard to River Drive to the City of Miami. Prior to the
completion date of this project, the Department shall enter into a Roadway Jurisdiction Transfer
Agreement with the City of Miami in accordance in Chapter 335.0415, Florida Statues
Approval of the invoice by the Department (person to whom the grantee sends the invoice for
processing) must occur no later than five (5) calendar days after receipt of said invoice.
September 1996
o)3— 967
Assiqnment of JPA EXHIBIT A
ITEM NO. 4067341
CONTRACT AH877
EXHIBIT "B"
PROJECT BUDGET
This exhibit forms an integral part of that certain Joint Participation Agreement between the
State of Florida, Department of Transportation and MIAMI DOWNTOWN DEVELOPMENT
AUTHORITY: FIRST UNION FINANCE CENTER, 200 SOUTH BISCAYNE BLVD, SUITE 1818,
MIAMI, FLORIDA 33131
dated
PROJECT COST:
Flagler Street Corridor Improvements
Design and Preparation of Road Plans Package S5716,442
TOTAL PROJECT COST: $576,442
II. PARTICIPATION:
Maximum Federal Participation
FTA Discretionary ( %) or S
Agency Participation
In -Kind ( %) S
Cash (48 %) S276,442
Other ( %) S
Maximum Department Participation,
Primary
(DS) (52 %) or 5300,000
Federal Reimbursable (DU)(FRA)(DFTA) ( %) or S
Local Reimbursable (DL) ( %) or S
TOTAL PROJECT COST
September 1996
Assignment of JPA
$576,4!2
tj3- 96"7
EXHIBIT A
/
ITEM NO. 4067341
CONTRACT N0. AH877
EXHIBIT "C"
(GENERAL)
This exhibit forms an integral part of that certain Joint Participation Agreement between the State of Florida,
Department of Transportation and MIAMI DOWNTOWN DEVELOPLNENT AUTHORITY: FIRST UNION
FINANCE CENTER, 200 SOUTH BISCAYNE BLVD, SUITE 18 18 , MIAMI, FLORIDA 33131
dated
This Agreement is in conformance with Section 341.053, Florida Statutes and Department's Procedure 725-000-
015b.
A. A copy of the applicable part of the audit performed in compliance with the Single Audit Act of 1984 'as
directed by the Department's Office of Inspector General shall be submitted to the Department.
B. Costs incurred prior to the execution date of this Agreement shall not be eligible for reimbursement under this
Agreement.
C. The Agency must submit an invoice to the Department no later than One Hundred Twenty (120) days.after the
period of services covered by said invoice.
D. The Agency must submit the Final invoice to the Department no later than One Hundred and Twenty (120)
days after the period of services covered by said invoice.
E. A minimum of one site visit annually shall be conducted until such time as project is complete or Agreement
is terminated, whichever occurs first.
F. The Agencv shall not execute any Third -Party Contracts without the prior written concurrence of the
Department. The Agency is cautioned that certain Right -of -Way activities may not be delegated. Methods of
procurement must comply with all federal, state, and local laws and regulations.
G. Administrative costs incidental to the project and salaries of Downtown Development Authority and City of
Miami personnel are not eligible for reimbursement under this Agreement.
sept=bc. 1996
93- 967
Assignment of JPA EXHIBIT A
STATE OF FLCRICA DEPARTMENT OF TRANSPCF: TION FORM -12"30-07
PUBLIC TRANSPORTATION PUSUCT?ANSPAoMIN.0.1; o
SUPPLEMENTAL JOINT PARTICIPATION AGREEMENT Page ofS
Number 1
FINANCIAL PROJECT NO.: Fund: 010 (DS/CT(�)) FLAIR Approp.: '088572LM 7
40673413401/ 40673415401 Function: 215 FLAIR Obj.: 750008 /790042/790089
Contract No.: AH877 Org. Code: 55063030643/55064010612
Federal No.: N/A Vendor No.: F591154607001 506401
Catalog of Federal Domestic Assistance Number. N/A Catalog of State Financial Assistance Number. N/A
THIS AGREEMENT, made and entered into this, S day of l✓)t' V j��'1'" C.C=G'
by and between the STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION, an agency of the State of Florida,
hereinafter referred to as the Department, and City of Miami Downtown Development Authority
200 South Biscayne Boulevard, Suite 1818, Miami, Florida 33131
hereinafter referred to as Agency.
WITNESSETH:
WHEREAS, the Department and the Agency heretofore on the 4th of November 1999 _
entered into a Joint Participation Agreement; and
WHEREAS, the Agency desires to accompl:;h certain project items as outlined in the Attachment "A" appy.-ided
hereto; and
WHEREAS, the Department desires to participate in all eligible items for this project as outlined irfAttachment
"A" for a total Department Share of $2,607,000.00
NOW, THEREFORE THIS INDENTURE WITNESSETH: that for and in consideration of the mutual benefits to flow
from each to the other, the parties hereto agree that the above described Joint Participation Agreement is to be amended
and supplemented as follows:
1.00 Project Description: The project description is amended
To include the construction -phase of the Flagler Street Corridor Improvement Project.
r,3— 967
EXHIBIT A
Assignment of JPA
2.00 Project Cost:
Paragraph 3.00 of said Agreement is increased by S 2,307,000.00
bringing the revised total cost of the project to $ 2,883,000.00
Paragraph 4.00 of said Agreement is increased by S 2,307,000.00
bringing the Department's revised total cost of the project to S 2,607,000.00
3.00 Amended Exhibits:
Exhibit(s) "B"
FORM 725.03M?
PUSUC TRtNSP ADMIN • QJ=
Page 2 of S
of said Agreement is amended by Attachment "A".
4.00 Contract Time:
Paragraph 18.00 of said Agreement is amended -bla! 314
;i3- 96"7
EXHIBIT A
Assignment of JPA
!" -
FOAM 72S-030.07
PUELIC TAANSP ACMIN. 07,00
Page 3 of S
Financial Project No. 40673413401/tpb;
Contract No. AH877
Agreement Date
Except as hereby modified, amended or changed, all other terms of said Agreement dated November 4th, 1999
and any subsequent supplements shall remain in full force and effect.
IN WITNESS W JEREOF, the parties hereto have caused these presents be executed, the day and year first
above written.
AGENCY
City of Miami Downtqjpn-Development Authority
NAME
TITLE
Assignment of JPA
DATE FUNDING APPROVED BY COMPTROLLER
(SEE ATTACHED ENCUMBRANCE FORM) _
TITLE
93- 96'7
EXHIBIT A
Vol -
FOAM 455-030-07
PUBLIC TRANSP ACMIN - 07.'Q
PIS* 4 of S
Financial Project No. 40673413401
Contract No. AH877
Agreement Date /o -3) "Loc/
ATTACHMENT "A"
SUPPLEMENTAL JOINT PARTICIPATION AGREEMENT
This Attachment forms an integral part of that certain Supplemental Joint Participation Agreement between
of Florida, Department of Transportation and City of Miami Downtown Development Authority
200 South Biscayne Boulevard, Suite 1818, Miami, Florida 33131
dated 10— ► — 2-t7 c I
DESCRIPTION OF SUPPLEMENT (Include justification for cost change):
To provide additional state funding for the design and construction of roadway and drainage improvements for the Flagler
Street Corridor Improvement Project, in accordance with the project budget attached herewith.
1. Project Cost: As Approved
S576,OCO.00
As Amended Net Change
S2,883,000.00 S2,307,000.00
Total Project Cost
$576,000.00
S2,883,000.00
S2,307,000.00
11. Fund Participation:
As Approved
As Amended
Net Change
Department:
$300,000.00
S2,607,000.00
$2,307,000.00
Agency:
CITY OF MIAMI
S276,000.00
$276,000.00
$0.00
Total Project Cost . -
5576,000.00
$2,883,000.00
S2,307,000.00
Comments:
INVOICES TO BE PAID AS SPECIFIED BELOW:
FM # 40673413401 - DESIGN OF ROADWAY IMPROVEMENTS - S300,000 (DS) AT 1000,10 FDOT PARTICIPATION.
FM # 40673413401- DESIGN OF DRAINAGE IMPROVEMENTS - $37,000 (CIGP) AT 100% FOOT PARTICIPATION.
FM # 40673415401 - CONSTRUCTION OF DRAINAGE IMPROVEMENTS - $370,000 (CIGP) AT 100% FDOT
PARTICIPATION.
FM # 40673415401 - CONSTRUCTION OF ROADWAY IMPROVEMENTS - $1,900,000 (DS) AT 100% FOOT
PARTICIPATION.
03- 96'7
EXHIBIT A
Assignment of JPA
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION FORM 350-020-01
ENCLnIBRANCE INPUT FOR' -N1 COMPTROLLER -FN ADMIN 09/99
RUSH (deeded by /_I (date))
Reason for RUSH:
Advertise (Letting Date) Termination/Cert of Comp
_
Award LOA XXX Supplemental #1 —Renewal —Correction-
-New
Correction,_New i Addition _ Court Order _ Overrun
Contract = AHS 7 7 Contract Type AH Method of Procurement G
Vendor Name CITY OF NILA1y1I DDA Vendor ID F591154607001
Has Written/Verbal Approval from a Participating Federal Agency
been received _ Yes _ No XX
Fed Agmt Amt State Funds S1.900.000 Local Funds
Beginning date of this Agmt: 05/31/01(must be after fund approval)
Ending date of this Agmt: 06/30/03 (Estimate if necessary)
Execution date of this Agmt: 11/04/99(Only on original agreements)
Has work been authorized to beein? _ Yes XX No
Have standard financial provisions been altered by contract terms?
_Yes XX No If so, show Revision date:
Does this agreement and/or change order include provisions for
reimbursement to D.O.T. from other entities? _ Yes XX No
Brief Description of Work/Comments: SUPPLEMENTAL rl -
FLAGLER STREET MARKETPLACE - ROADWAY RECONSTRUCTION -
TWO-WAY CONVERSIONOF FLAGLER ST/N 1ST ST/S 1 ST ST
ORG-CODE *EO * OBJECT * AMOUNT *FIN PROJ or JOB = *FCT
(FISCAL YEAR) (PROGRAM 0) (FUND) alpha
55 064010612 *HC * 790093 * S1,900,000.00 * 40673415401 *315
(00/01) (02 ) (DS)
55 xxx: xx:CXX *Xx * xxxxxx * S * xxxxxxxxxxx *xXX
(Xx;'xx) (xxXx)
55 xxxxx.\xxx *xx * xx:tXxx * S - * xxxxxXXxxxx *xxx
(x:Glxx) (xXxx)
TOTAL AMOUNT * S 1,900,000.00 *
Originator: J.R. GONZALEZ DATE SENT: 05/17/01 PHISC: 453-5304
E-mail USERID(s) PE656JG
TO BE COMPLETED BY OFFICE OF COMPTROLLER
BUDGET ENTITY 55100100 CATEGORY _038717
WORK PROGRAM VERIFICATION _ENCUMBER FUNDS
ALLOTMENT YEAR 01_ DATE CHECKED
CI Sol 6S LINE 002
FUNDS APPROVED BY JOHN FAIN FOR ROBIN M. NAITOVE.
CPA, COMPTROLLER DATE: _05-21-3001
FOR ROBIN M. NAITOVE. CPA, COMPTROLLER DATE:
'� 3 G
Assignment of JPA EXHIBIT A
r, -
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION FORM 350-020-01
ENCUMBRANCE INPUT FORM COMPTROLLER -FIN ADMIN 03/98
RUSH (Needed by / / (date))
Reason for RUSH :
_ Advertise (Letting Date) — Termination/Cert of Comp
Award LOA _XX Supplemental _ Renewal _ Correction
New Addition Court Order Overrun
Contract # AH877 Contract Type AH Method of Procurement G
Vendor Name CITY OF MIAMI DDA Vendor ID"F591154607001
Has Written/Verbal Approval from a Participating Federal Agency
been received Yes _ No
Fed Agmt Amt! State Funds 5407.000 Local Funds
Beginning date of this Agmt: 10/31/01 Must be after fund approval)
Ending date of this Agmt: 06130/03(Estimate if necessary)
Execution date of this Agmt: 11/04/99(Only on original agreements)
Has work been authorized to begin? _ Yes�_X_ No
Have standard financial provisions been altered by contract terms?
Yes X_ No if so, show Revision date:
Does_thi–s agreement and/or change order include provisions for
reimbursement to D.O.T. from other entities? _ Yes X_ No
... *.r..***rr.rw**.... .*r ...... *...r.r*r. rrrw!*rrrrrrr+4wrw'.r.... rrr.....r............ r
Brief Description of Work/Comment: SUPPLEMENTAL # 1
FLAGLER STREET CORRIDOR IMPROVEMENT PROJECT
DESIGN AND CONSTRUCTION OF ADDITIONAL DRAINAGE IMPROVEMENTS
ORG-CODE *EO * OBJECT 'AMOUNT 'FIN PROD or JOB T *FCT
(FISCAL YEAR) (PROGRAM #) (FUND) alpha
55 063030643 *PD * 750008 * 5 37,000.00 * 40673413401 *215
(01/02) (87) (CIGP)
55 064010606 *HC * 750008 * $370,000.00 * 40673415401 '215
(01/02) (87) (CIGP)
55 xxxxxxxxx *xx * xxxxxx * $ * xxxxxxxxxxx 'xxx
(xx/xx) (xxxx)
TOTAL AMOUNT * $407,000.00
Originator: J.R. GONZALEZ DATE SENT:10/05/01 PH/SC:452-5804
E-mail USERID(s)PE656JG
*r ...... n*» * ....... *..rww.*........r»..*.....rrr+w..:*rrr+.www
TO BE COMPLETED BY OFFICE OF COMPTROLLER
... *r.* .... *... r+rwww:» rrr» ...... rr+rrwwwrrrr.....*»r».
BUDGET ENTITY _55100100 CATEGORY 088572-02
WORK PROGRAM VERIFICATION OK
ALLOTMENT YEAR DATE CHECKED
Cl S02 _0003 0004
FUNDS APPROVED BY C.B. SMITH
FOR ROBIN M. NAITOVE, CPA, COMPTROLLER DATE: 10-11-2001
.............. r..►*»r.....». rw....wr***»r............ r»+*r......r.: .w......r*rrr+.eer+::►»»»
Assignment of ,JPA
r,3-- 96 •
EXHIBIT A
CONSTRUCTION COST ESTIMATE
FOR THE IMPROVEMENT OF
FLAOLER STREET FROM WEST 2ND AVENUE TO BISCAYNE BOULEVARD
MIAMI-DADE COUNTY
ROADWAY
t.
..i
101-1 MOBILIZATION
LS
1.00
$450,000.00
$450.000.00
102.1 MAINTENANCE OF TRAFFIC
LS
1.00
$360.000.00
=`350.00000
102.10 OFF-DUTY POLICE
HR
240.00
_ $35.00
$8.400.00
102-60 SPE AL SIGN A AND 8
ED
140.00
$10.00
f 1.400.00
102.99 VARIABLE MESSAGE SIGNS
ED
280.00
$50.00
$13.000.00
110.1 CLEARING AND GRUBBING
LS
1.00
$150.000.00
$160.000.00
120.1 REGULAR EXCAVATION INCLUDES GRADING
CY
739.00
$7.00
$5,173.00
1804 ITYPE-8- STABILIZATION (C.B.R.30) (ITTfICK)
SY
389.00
$2.50
$072.60
327-748 MILLING EXISTING PAVEMENT .75 -AVERAGE DEPT
SY
28.45200
$10.00
$204,520.00
331-3.1 TYPE 6.111 ASPHALTIC CONCRETE 10.75' AVERAGE T10CKNESS)
T14_
1.21200
$80.00
$98.960.00
339.1 MISCELLANEOUS ASPHALT PAVEMENT
TN
410.00
$107.00
$43.870.00
400.1.15 MISCELLANEOUS CONCRETE
CY
248.00
$500.00
$124,000.00
425.11 MODIFY EXISTING DRAINAGE STRUCTURE
EA
13.00
51,000.00
$13.000 00
425.12 TRENCH GRATE AND FRAME a' WIDE. 1 T LONG AT EVERY LOCATION)
LF
25.00
$500.00
$12.50000
425.19 TRENCI I GRATE AND FRAME(Ir WIDE)
LF
17600
$100.00
S17,6W.00
425.14 HEAVY DUTY CURB INLET FRAME, GRATE AND CURB BOX
EA
19.00
$2.000.00
138.000.00
520.1.2 CONCRETE CURB d GUTTER(TYPE F
LF
1,070.00
$16.00
$20.550.00
520.5.11 4' CONCRETE TRAFFIC SEPARATOR EPE 1. OPTION 2
LF
174.00
$31.00
$5.220.00
522.1 CONCRETE SIDEWALK4-THICK
SY
3.850.00
$30.00
$115,500.00
522.1.2 TEXTURED CONCRETE SIDEWALK 4 -THICK
SY
42.00
$45.00
$1,800.00
522.2 CONCRETE SIDEWALK B-TWCK
SY
58.00
140.00
$2.240.00
1000-136-08 HDPE DRAINAGE PIPE 127
LF
361.00
$75.00
$28,576.00
1090.138.11 HDPE DRAINAGE PIPE 6'
LF
11.00
$75.00
5825.00
1
TOTAL ROADWAY
51-793-195.50
"DOES NOT INCLUDE COST OF ULII I IY IILLOCATK)N
0
n
v
U
N
J
0
ap
CONSTRUCTION COST ESTIMATE
FOR THE IMPROVEMENT OF
FLAGLER STREET FROM WEST 2ND AVENUE TO BISCAYNE BOULEVARD
MIAMI -BADE COUNTY
SIGNING & PAVEMENT MARKING
�
1 •t• 1
:Sig: Y
:•i•:•I.1•t• �1' W
. t�: t•: :•I� S•S•. i�:4 iar ::U111t`R11iCEi'
bl' •
10040.1
SIGN SINGLE POST ESS THAN 12 SF)
AS
33.0
$32000
510,560.00
0
Icn
10046.11
EXISTING SIGN O BE REMOVED)
AS
29.0
32.300.00
70046-21
424S 'ING SIGN O BE RELOCATED
AS
71.0
_3_100.00
$150.00
$10,650.00
70571
FLEXIDLE TUBULAR DELINEATOR
EA
9.0
$50.00
$450.00
706-1-12
REFLECTIVE PAVEMENT MARKER
EA
613.0
$3.60
$2,152.60
711-3
PAVEMENT MESSAGE THERMOPLASTIC
EA
17.0
$120.00
$2,000.00
7114
DIRECTIONAL ARROW (THERMOPLASTK
EA
47-0
3120.00
$5,61000
111.33
SKIP TRAFFIC STRIPE (6• VO NTE) S:RMOPLASTIC
LF
5 763.0
$2.00
$11,666.00
711-M-81
SOLID TRAFFIC STRIPE W WHITE ERMOPLASTIC)
LF
10.437.0
$1.50
$16.655.60
71133.121
SOLID TRAFFIC STRIPE fir WHITE HERMOPLASTIC
LF
6,330.0
$2.00
$10,660.00
71135-161
SOLID TRAFFIC STRIPE IW WI11TE(THERMOPLASTIC)
LF
1.696.0
$2.75
$4,324.60
71135.211
SOLID TRAFFIC STRIPE • WHITE(THERMOPLASTIC)
LF
1,104.0
$1.00
$6,016.00
7113641
SOLID TRAFFIC STRIPE YELLOW(THERMOPLASTIC)
LF 1
976101
$1.50
314,641.50
711.36.161
SOLID TRAFFIC STRIPE (16- YELL HERMOPLASTM)
LF
360.0
$2.75
3962.50
11139-81
SOLID TRAFFIC STRIPE W BLUE(THERMOPLASTIC)
LF
227.0
$1.60
$34050
TOTAL SIGNING 9 PAVEMENT MARKING
$91629.00
TOTAL ROADWAY
=1,793,195.50
CIVIL SHARE OF SIGNALIZATION PAY ITEMS
$294.400.00
TOTAL CIVIL PAY ITEMS
$2,165,224.50
0
ap
a
�
k
W
W
=
0
Icn
1
-n
D
w
�'
0
ap
i
J
Com'
W
m
x
W
i
D
CONS RUCTION COST ESTIMATE
FOR THE IMPROVEMENT OF
FLAGLER STREET FROM WEST 2ND AVENUE TO BISCAYNE BOULEVARD
MIAMI•DADE COUNTY
SIGNALIZATION
"Firs 1+aN•
:rt
LF
1,140.0
$i o .00
� 11 400.00
620.1.1
GROUNDING ELECTRODE
LF
1,060.0
19.00
10,510.00
630.1.12
CONDUIT 2 41 PVC UNDERGROUND
W
LF
3,070.0
$16.00
$71,450.00
630.1-13
CONDUAT Y IWAD SERVICE UNDER PAVEMENT
P1
13.0
$4.000.00
$52.000.00
632.7-1
SIGNAL CABLE
EA
119.0
5660.00
$77.35000
6361.11
PULL BOX. METER TYPE (WCL. 1d GROUNDING ROD)
$210.00
ELECTRICAL SERVICE WIRE NO. B AWG WITH THW INSULATION
LF
140.0
$1.60
639.2-1
MAST ARM COMBINATION (TROMBONE STYLE) (BLACK ANNODIZED)
EA
2.0
$25.900.00
$51600.00
641.11-20
MAST ARM COMBINATION (TROMBONE STYLE) (BLACK ANNODIZED)
EA
5.0
$26.230.00
$131,150.00
641.11.22
MAST ARM COMBINATION (TROMBONE STYLE) (BLACK ANNODIZED)
EA
2.0
626.660.00
$53.120.00
647-11.24
MAST ARM COMBINATION (TROMBONE STYLE) (BLACK ANNODIZED)
EA
1.0
$26,910.00
$26.910.00
611.11 26
MAST ARM COMBINATION (TROMBONE STYLE) (BLACK ANNOOIZEO)
EA
4.0
$27.230.00
$109.000.00
677.11-28
MAST ARM COMBINATION (TROMBONE STYLE) (BLACK ANNODIZED)
EA
4.0
621,690.00
$110,300.00
641-11-30
MAST ARM COMBINATION (TROMBONE SME) (BLACK ANNODIZED)
EA
2.0
$26,000.00
$66.000.00
647-11.32
MAST ARM COMBINATION (TROMBONE STYLE) (BLACK ANNODIZED)
EA
3.0
$26.260.00
$64.76000
041-11-34
647-11-36
MAST ARM COMBINATION (TROMBONE STYLE) (BLACK ANNODIZED)
EA
3.0
$26.600 00
$65.600.00
641-11-36
MAST ARM COMBINATION (TROMBONE SME) (BLACK ANNODIZED)
EA
3.0
520.940.00
166.620.00
641.1140
MAST ARM COMBINATION (TROMBONE STYLE) (BLACK ANNODLZED)
EA
2.0
$20.300.00
$50.600.00
647.1142
MAST ARM COMBINATION (TROMBONE STYLE) (BLACK ANNODIZED)
EA
1.0
$29.600.00
629 60000
647.1144
MAST ARM COMBINATION (TROMBONE STYLE) (BLACK ANNODIZED)
EA
1.0
$30.000.00
$30.000.00
641.11.54
MAST ARM COMBINATION (TROMBONE STYLE) {BLACK ANNODIZED)
EA
2.0
632.000.00
554.000.00
647.1386
MAST ARM COMBINATION. (TROMBONE STYLE) DOUBLE ARM (BLACK ANNODIZED)
EA
1.0
$34,000.00
$94.000.00
041.15.20
MAST ARM COMBINATION. (TROMSONE STYLE) WITH LUMINAIRE (BLACK ANNOOIZED)
EA
1.0
$30 .00
$30.000.00
MAST ARM COMBINATION. (TROMBONE STYLE) WITH LUMINAIRE (BLACK ANNODIZED)
EA
1.0
630.000.00
$36.000.00
647-16.40
TRAFF C SIGNAL. I WAY 3 -SECTION 121NCH STANDARD ALUMI M, COMPLETE WITH IlORIZONTAL MOUNTING
$750.00
00
530.5.00
650.1.131
BRACKET A LAMPS
TRAFFIC SIGNAL. I-WAY 4 -SECTION 12 INCH STANDARD ALUMINUM. COMPLETE WITH HORIZONTAL MOUNTING
AS
76.0
1
AS
2.01
$000.00
&1 AW On
650.1,141
BRACKET i LAMPS
y
N_
tt��
7
<p
O
"h
L
D
0
i
- o
1
0
0
�,
m
T
10 :36 Its P, r ay. —
T-3; TI P.06/06 F-5.0�
DOES NOT INCLUDE COST OF UTILITY RELOCATION
OJ3- 967
Assignment of JPA EXHIBIT A
CONSTRUCTION COST ESTIMATE
FOR THE DRAINAGE IMPROVEMENTS
AT THE CITY OF MIAMI DOWTOWN AREA
MIAMI-DADE COUNTY
(DRAINAGE)
ES�CRl1'1 . R
I
MOBILIZATION LS
1.00
$35.000.00
$35.000.00
2
MAINTENANCE OF TRAFFIC LS
1.00
$20.000.00
$20,000.00
3
OFF-DUTY POLICE HR
120.00,
_535.00
1 S4.200.00
4
DEEP WELL Wn%-I 4`x12' BOX EA
6.001
$42,000.00
$252,000.00
5
INLET EA
2.001
S5.000.00
$10,000.00
6
IW STORM SEWER PIPE LS
26.001
$45.00
$1,170.00
7
TRENCH RESTORATION SY
950.00
$2500
1 $23750.00
8
CONNECTION TO EXISTING SYSTEM EA
8.00
$1.500.001
$12.000.00
9
CONTINGENCY LS
1.00
$10,000.00
$10.000.00
ITOTAL DRAINAGE CONSTRUCTION
$368,120.00
DRAINAGE DESIGN
$37,000.00
ITOTAL DRAINAGE
1 $405,120.00
DOES NOT INCLUDE COST OF UTILITY RELOCATION
OJ3- 967
Assignment of JPA EXHIBIT A
to
:DM kyr.
DOWNTOWN DEVELOPMENT AUTHORITY
First Union Financial Center
2C0 S. Biscayne Boulevard
Suite 1818
Miami. Florida 33131
Tel: (305) 579.6675
Fax: (305) 371-2423
E -Mail: dcafddamiami.com
STATE OF FLORID A
COUNTY OF MIAMI-DADE
On this 30th day of October. 20011 attest that the preceding or attached
document is a true, exact, complete, and unaltered photocopy made by me
of DDA Resolution No. 22/01. executed on June 15th. 20lkesented to
me by the document's custodian, Patricia Allen and to the best of my
knowledge, that the photocopied document is neither a vital record nor a
public record, certified copies of which are available from an official
source other than a notary public.
I
y
SANDRAHEANMIDQ `
`!` { %W COMMISSION I CC 811196 a t` r
EXPIRES: May 11.2003 tV\.L
�F eonow nw NMq PAW una.r"�"•R
Notary Public, State of Florida
Sandra Hernandez 1
93- 367
Assignment of JPA
EXHIBIT A
RESOLUTION NO. 21'01
A RESOLUTION OF THE BOARD OF DIRECTORS OF
THE DOVvNTOW� DEVLEOPtiIENT AUTHORITY
C DDA ' j OF THE CITY OF tiIIAN11. FLORIDA
AUTHORIZING THE EXECUTIVE DIRECTOR TO
EXECUTE A CONTRACT AVIENDIIENT WITH THE
FLORIDA DEPARTMENT OF TRANSPORTATION
PROVIDING S1.9 MILLION DOLLARS IN FLUiDING
FOR THE TWO-WAY TRAFFIC CONVERSION- FOR
THE DOWN. -TOWN -T FL -,OGLER STREET
CORRIDOR LNIPROVEMENT PROJECT.
`WHEREAS. the DDA ha: ,d J :. Pcrtici tior. A 1
execluted a 0'i't ''a gre�r e nt BJP �:, vv tti? the
Florida Department of Tran__ crcaticn in the amount of S300;000 for the design of the IJc ,-:,to%vr
Lliami Hauler Street Corridor im-p•
�rov,.:nent Proje..c-,, and
WHEREAS, the t,vo-:vav t:_.= c ccnversion -or.icr of :e Fr—OJe^: ;s
construction int year =���1-�1���2: and
WHEREAS, the Florida Department of Tra scer --tion has prepared a contract
amendment providing fLinl'_ir? to the DDA in t'e a nou:.t of S1.9 rriliiel: dolly== for the
construction of the rLwo-ovav tra�:c conversion.
NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF DIRECTORS OF THE
DOWN. TOIN- DEVELOPMENT ALUT'riORIT"y' OF THE CITY OF MI..NE. FLORID_..
Section 1. Tile DDA Board o: Directors authorizes tl:e Executive Direc:ov to exec -'_-t
a contract aneridmnent with the Florid2 Department providirg S1.9 I:iIL^
dolly:s in funding for the two-".. %. tra;7Fc conversion for zh—
Corider Improvement P:0je-
Assignment of JPA
93- 96"7
EXHIBIT A
PASSED _zND ADOPTED this 1f`'% cap. o` June. 2001.
Cor!mnis_rone W i r-dul Go%
Chairnan
Patrice All n I
Exl-cutive Director
ATTEST:
L
Sandra Hernandez '1' " ..
Secretary to the Board of Director
0j3- 967
Assignment of JPA = EXHIBIT A
Florida Department of TransportatioD RI G1
L
JFB BUSH DISTKICT SIX JOSE ARRI U
GOVERNOR PUBLIC TRANSPORTATION OFFICr SECRETARY
632 SOUTH .MIA.Mi AVENUL
MIAMI, FLORIDA 33130
PHONE: (305) 377-5906
FAX: (305) 377.-4967
DATE: June 6, 2003
TO: Mr. Adam. Paul Lukin
Project �bianager _ L
City of Miami Downtown Developmert Authority
200 South Biscayne Boulevard, Suite 1816
vliami, F:orida 33131
FROM: ( Rene Rodriguez. P.E.. District Public Transportation: Manac,
SUBJECT: EXTENSION OF TMIE — Joint Participation Agreement
FM -No.: 410673413401/40673413401 Contmct No.: AR877
Flagler Street Marketplace
`•liami• Dade County
The time allotted for the completion of services on subject agreement dated IliC,4/99 and any
supplemental thereto will expire on 06/30/03.
In accordance with section 18.00 of the Joirt Participation Agreement, you may request a tin c
extension. For your convenience, you may complete, sign, date and return Lhis form to me.
It is requested that the Joint Participation Agreement for the subject project be extended until
6/30/04 for the Following reasons (s): (Use attachment if necessary)
This is requested to complete the assignment of the Joint Participa:;on
Agreement to the City of Miami. We anticipate the assignment to be
executed and construction to begin this year by the City of Miami.
:attached for reference are:
1. FDOT letter regarding assignment of JPA; and
2. DDA. letter regarding Justification for Certificate Forward
Agency: City of Munni -Downtown
Development Authority
(Agency heat or Represent v
Name. Alonso 'Menendez
(Type or Prin(ed)
Tittle: Chief Of Stam
Date: ; Laa In-,
:APPROVED: Florida Departmelit of Transportation
r /!
DistricrDirector of Planning and Public Transaortation
Date:
Cc: Cesar Gonzalez
P. o i ec t Manager
r_L.., ,i Arww.dot. state. M. us
-_a�� - Ca��ta� _mtrwemen-,,s n _
.,e�art�e^
Assignment of JPA
V AECYCL=D ?APER
r`? IXHIB A
TO
FROM
CITY OF MIAMI, FLORIDA
INTER -OFFICE MEMORANDUM
s
30
DATE: SEP " 2 2003 FILE:
SUBJECT: Resolution to Execute Assignment of Joint
Participation Agreement with DDA & FDOT -
Administration & Funding For Flagler Marketplace
REFERENCES: Project
ENCLOSURES: Resolution, JPA, Supplemental JPA
RECOMMENDATION:
It is respectfully recommended that the City Commission adopt the attached Resolution
authorizing the City Manager to execute an Assignment of the Joint Participation Agreement
with the Downtown Development Authority ("DDA") and the Florida Department of
Transportation ("FDOT") that provides for the City, through the Department of Capital
Improvements, to administer and technically supervise the Flagler Street Marketplace Project
(CIP No. 341140, also known as the Flagler Street Corridor Improvements Project), including
the receipt of reimbursements and administration of remaining FDOT grant funds for the Project
in the total estimated amount of $2,270,000.
BACKGROUND:
The City, the DDA, FDOT and other agencies have labored to facilitate the construction of
improvements to enhance traffic operations in the City, as proposed under the Downtown
Flagler Street Marketplace Project (the "Project), budgeted in the City's current Capital
Improvements Program as Project No. 341140. The project consists of new decorative street
lighting (portions of which have been completed), drainage system upgrades (portions also
complete), roadway improvements (milling, resurfacing, striping, curb and gutter), traffic light
modifications and signalization, and streetscape improvements to accomplish the 2 -way
conversion of Flagler Street.
FDOT allocated funds in the total amount of $2,607,000 to DDA for this work. To that end,
DDA and FDOT entered into a Joint Participation Agreement on November 4, 1999 and a
subsequent Supplemental Joint Participation Agreement on October 31, 2001 (together
referred to as the "JPA"). Under the terms of the JPA, FDOT funds are to be used for the
design and construction of the roadway and drainage well improvements. The design of those
improvements has been completed under the direct supervision of DDA at a total cost of
$337,000, leaving a balance of $2,270,000 in the funding allocation from FDOT for
construction. DDA, FDOT and the City find that the construction of the improvements is best
accomplished under the direct administrative and technical supervision of the City's Department
of Capital Improvements ("DCI"). Thus, the parties have prepared the attached Assignment of
the Joint Participation Agreement, which sets forth the terms and conditions for the use and
reimbursement of FDOT funds by the City.
FISCAL IMPACT:
This action will have a positive fiscal impact on the City by increasing funding for this capital
project by $2,270,000.
JA/JCC/Dg
03- 967
Budgetary Impact Analysis
Department Capital Improvements ("DCI") Division:
Commission Meeting Date: Seat. 11, 2003
Title and brief description of legislation or attached ordinance/resolution: Authorizing_ the Manager to
execute an Assimment of the Joint Participation AZreement to provide FDOT funds and project supervision by DCI
for the Flagler Street Marketplace Project
1. Is this item related to revenue? No ❑ Yes ® Revenue Source: FDOT funds
2. is this item an expenditure? No ® Yes ❑ Amount:
General Fund Account No:
Special Revenue Fund Account No:
CIP Project No: 341140
3. Are there sufficient funds in Line Item? No: ❑ Yes:
Q„ffr—;—t fim`lc .will hP trnncferrPrl frnm the fnllnwino line item -,-
ACTION ACCOUNT NUMBER
TOTAL
From
$
From
$
To
$
To
$
A t.. a1,- ;.-- f... A -A 1.., 1mnrnvPmant Rnnrle9 wn 7 Ye-, I I
Project Name
Total Bond
Allocation
1" Series
Appropriation
Total
Allocations/
Encumbrances
Balance
Dollars Spent
to Date
Comments: Funds will be appropriated into the Capital Project at a later date
APPROVALS
Verified
e.L /,/—fJ
Dep S c to 1 ring, udgeting &
Perfo ance
Date:
D3
DOWNTOWN DEVELOPMENT A'J7HORITY
=at :3C- _
August 13, 2003
Ms. Dianne Johnson
City of Miami Department of Capital Improvements
444 SW 2nd Ave, 8th Floor
Miami, Fl 33131
Re: Flagler Street Project -Assignment of Joint Participation Agreement
Dear
As per your request, the following is a summary of the Assignment of Joint Participation
Agreement for the Flagler Street Project.
The Miami Downtown Development Authority (DDA) and Florida Department of
Transportation (FDOT) entered into a Joint Participation Agreement (JPA) dated
November 4, 1999, as amended by Supplemental Joint Participation Agreement Number
1, to provide funding for the design and construction for the two-way traffic conversion
and drainage wells for the Flagler Street Corridor Improvement Project. The JPA
provides for funding to the DDA on a reimbursement basis. The City has agreed to
supervise the construction of the Project and to make the initial payments. The DDA and
the City agree that it is in the best interest of both parties, and of the Project, for the City
to be the recipient of the JPA funds under the JPA The DDA wishes to assign to the City
and the City wishes to accept from DDA, the assignment of this JPA.
The DDA entered into the JPA with FDOT on November 4, 1999. The agreement
extends through June 30, 2004 and may be extended. The funding amount is $2, 607,000
of which $300,000 has been spent by DDA for roadway design and $37,000 for drainage
well design by DDA's consultant Corradino Group Inc.
The work required and funding of the JPA is as follows:
Roadway Improvements (two-way conversion
of Flagler Street and traffic improvements to
N. and S. I' Streets) $1,900,000
93- 967
Roadway Design ( completed by DDA's
consultant Corradino Group, Inc.) $300,000
Drainage well design ( completedby
DDA's consultant Corradino Group, Inc) $37,000
Drainage well construction (by
City of Miami) $370,000
Total $ 2, 607,000
In addition to the work and funding stipulated in the JPA, the Flagler Street Project
includes streetscape improvements estimated to cost $5,670,570 funded by the City and
signalization improvements estimated to cost $500,000 funded by the Miami -Dade
County as specified in the Flagler Street Project Funding Summary (attached).
Please let me know if you need any further information in this regard.
Sincerely,
Adaaul Lukin
DDA Project Manager
Attachment.
APL/bb
"")3," 967