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Exhibit 1
LOCALLY FUNDED AGREEMENT THIS LOCALLY FUNDED AGREEMENT (hereinafter `Agreement') is made and entered into this _ day of , 20_, between the CITY OF MIAMI, a municipal corporation of the State of Florida, hereinafter called `CITY', and the STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION a component agency of the State of Flonda' hereinafter called the `DEPARTMENT'. RECITALS: WHEREAS, the DEPARTMENT has juri 5/13rickell Avenue corridor within the corporate WHEREAS, the CITY has requested the DEPAR and Road (S.R.) to install decorative pedestrian crosswalks along S.R. 5Brickell Avenue from©uth of SE 25t1i Roaci to SES' Street; and greeI ' tolinstall decorative pedestrian crosswalks WHEREAS, the DEPARTMENT has ;,. nRF along S.R. 5Brickell Avenuefrom south of SE 251 1 Road to SE 5th Street, subject to the terms and conditions detailed in thisA,greeme, and 4N "' WHEREAS, heEPARTMENT and the CITY find it mutually beneficial to allow the CITY to fund the ,increased cos 91*der NiW al Project Number 412473-1-52-02, associated with the installation oie decorative Pcestrian crosswalks along S.R. 5/Brickell Avenue from south of NE 25t' Road to SE ` treet, lie einafter collectively called the `PROJECT', and as detailed in the attached Exhibit "A", "dope of Services", which is herein incorporated by reference; and WHEREAS, the parties are authorized to enter into this Agreement pursuant to Sections 334.044(7) and 339.12 (2006), Florida Statutes (F.S.), and authorize its officers to do so; Page 1 of 11 Locally Funded Agreement between the City of Miami and the Florida Department of Transportation, Financial Project Number 412473-1-52-02 � -0 05 -3?/,� NOW, THEREFORE, in consideration of the premises, the mutual covenants and other valuable considerations contained herein, the receipt and sufficiency of which are hereby acknowledged, the parties agree as follows: 1. Recitals. The Recitals to this Agreement are true and correct and are incorporated herein by reference and made a part hereof 2. General Requirements. r � . (a) A true and correct copy of the Resolution,6f;.the'CITY Coi' i fission approving this Agreement is attached hereto as Exhibif`"C", `CITY OF MIAMI RESOLUTION', and is incorporated herein by reference., v T„` (b) The DEPARTMENT will administer and consfiuct the PROJECT in accordance with ' sf the PROJECT plans and e attached Exhibit "A' . .`Scope of Services'. The DEPARTMENT will complete the PRO CTai hzmg funds provided by the CITY. �.,. (c) The CITwi Y;ll `pi Vide funding td'Ahe DEPARTMENT in the aggregate amount of 40,3 TWEN V TWO TH JSAND THREE HUNDRED EIGHT DOLLARS ($22,308.00) 4� wdt�x tie PROJEC l� per they F�naic al Provisions detailed in Section 3 of this of Agreemei&d as outl ned�in the attachment Exhibit "B", � Financial Summary", UZI which is hereifl!)f corpot ed by reference. (d) Upon the receipt, authorization and encumbrance of funding received from the CITY as a resaalt4f This Agreement, the DEPARTMENT Contractor will commence work on the PROJECT. (e) The DEPARTMENT Contractor may not commence work on the PROJECT until the CITY funding for the PROJECT is on deposit with the DEPARTMENT. Page 2 of 11 Locally Funded Agreement between the City of Miami and the Florida Department of Transportation, Financial Project Number 412473-1-52-02 3. Financial Provisions. (a) The CITY agrees that it will, no later than thirty (30) calendar days after the DEPARTMENT's execution of this Agreement, furnish the DEPARTMENT an advance deposit in the amount of TWENTY TWO THOUSAND THREE HUNDRED EIGHT DOLLARS ($22,308.00) for full payment of the estimated PROJECT cost for Locally Funded Project Number 412473-1-52-02 . Theadance deposit shall be the total estimated PROJECT costplus allowances (ten percen#ti contingency). The (� 3 DEPARTMENT may utilize this deposit for payment of the costsf the PROJECT. A ^ The DEPARTMENT, in consultation witY, shall renegotiate, e scope of the work to keep costs within,,an agreed upon maxlinum amount prior to the work being done that would increase thecosts "associated with flus PROJECT beyond the advance deposit amount of TWENTY ,TWO ,TH01-SAND THREE HUNDRED EIGHT 3 � DOLLARS ($22,308 D0). , As : K -4 f q ry �x (b) If the accepted bid amount plus allowances is in excess of the advance deposit amount, the ITX7 well provide a"n"°=add-t�ona1 deposit within fourteen (14) calendar days of notification,the bLPARTMENT or prior to posting the accepted bid, whichever ,�s earlier, so At the total deposit is equal to the bid amount plus allowances. The F ,a MP TME notify the CITY as soon as it becomes apparent the accepted bid amount, plus 'allowances, is in excess of the advance deposit amount. However, failure of the DEPARTMENT to so notify the CITY shall not relieve the CITY from its obligation to pay for its full participation on final accounting as provided herein below. If the CITY cannot provide the additional deposit within fourteen (14) days, a letter must be submitted to and approved by the DEPARTMENT's Project Manager Page 3 of 11 Locally Funded Agreement between the City of Miami and the Florida Department of Transportation, Financial Project Number 412473-1-52-02 indicating when the deposit will be made. The CITY understands the request and approval of the additional time could delay the PROJECT, and additional costs may be incurred due to a delay of the PROJECT. (c) If accepted bid amount plus allowances is less than the advance deposit amount, the DEPARTMENT will refund the amount that the advance deposit exceeds the bid amount plus allowances if such refund is requested fiy the CITY in writing. (d) Should PROJECT modifications or changes .Ipr bid items occur that increase the CITY's share of total PROJECT DEPARTMENT accordingly. The of additional work being pf with the DEPARTMENT is DEPARTMENT shall notify the from the amount. the - CITY will bftotlfiod by the � 10 provide, without delay, in advance adequate' ands to ensure that cash on deposit e, to fully fund Its 5liare of the PROJECT. The a soon a a becomes apparent the actual costs giver, failure of the DEPARTMENT to so notify not relieve the CITY from'its obligation to pay for its full participation M k )JECT ani on'fmal accounting as provided herein below. Funds due not paid within forty (40) calendar days from the of the ink' e are Adbject to an interest charge at a rate established pursuant to Section 55.03, Florida Statutes (F.S.). W. CR (e) The DEPARTMENT intends to have its final and complete accounting of all costs incurred`, in connection with the work performed hereunder within three hundred and sixty (360) days of final payment to the Contractor. The DEPARTMENT considers the PROJECT complete when final payment has been made to the Contractor, not when the construction work is complete. All PROJECT cost records and accounts Page 4 of 1 I Locally Funded Agreement between the City of Miami and the Florida Department of Transportation, Financial Project Number 412473-1-52-02 (f) (g) (h) shall be subject to audit by a representative of the CITY for a period of three (3) years after final close out of the PROJECT. The CITY will be notified of the final cost. Both parties agree that in the event final accounting of total PROJECT costs pursuant to the terms of this agreement is less than the total deposit to date, a refund of the excess will be made by the DEPARTMENT to the not performed within three hundred and sixty from its obligation to pay. In the event the final accounting deposits to date, the CITY will pay the PROJECT costs is days from the date of the invoice from the D interest at a rate as establishedriursuatto Section within forty (40) calendar days final accounting is CITY is not relieved the total within forty (40) calendar The CITY agrees to pay on any invoice not paid The payment of`unds,under this Locally Funded Agreement will be made directly to the DEPARTMENT far deposit. in tH9 agreement shall be'' construed to violate the provisions of Section 339.135(G�(a�Florida tuts, which provides as follows: "The Department" during any fiscal year, shall not expend money, incur any liability,',",',,,,,,,r enter into an contract which b its terms involves the Y � Y expenditz e of money in excess of the amounts budgeted as available for expends„ e during such fiscal year. Any contract, verbal or written, made in solation of this subsection is null and void, and no money may be paid on suh ccontract. The Department shall require a statement from the Comptroller of the Department that such 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 year, but any contract so made shall be executory only for the value of the services to be rendered or agreed to be paid for in succeeding fiscal years; and this paragraph shall be incorporated verbatim in all contracts of the Department which are for an amount in excess of TWENTY FIVE THOUSAND DOLLARS ($25,000.00) and which have a term for a period of more than one year." Page 5 of 11 Locally Funded Agreement between the City of Miami and the Florida Department of Transportation, Financial Project Number 412473-1-52-02 4. C Effective Date of this Agreement. This Agreement shall become effective on the date hereof. Provisions Separable. The provisions of this Agreement are independent of and separable from each other, and no provision shall be affected or rendered invalid or unenforceable by virtue of the fact that for any reason any other or others of thein may be invalid or unenforceable in whole or in part. Amendment of Agreement. This Agreement the DEPARTMENT and the CITY, 7. Notices. All notices, requests, demands and othrt under this Agreement shall be in carting and shall be t- � and received when delivered (persona7lvthv: courier other messenger) against receipt or utual agreement of executed and'd by each. or permitted to have been duly given, made such` as Federal Express, or by stered or certified mail, postage prepaid, return receiptrequested, addressed'�as set forth below: �W ; (a) If to the CITYCity of Mlam 4 a 41 6%-444 S W /2 ,a Avenue `'amFL 33130 Attention: Pedro Hernandez City Manager Ph: 305-250-5400 (b) f to the Depar ')keit: Florida Department of Transportation m 1000 NW 111 Avenue, Room 6202-B Miami, Florida 33172 Attention: Michelle Loren Meaux, JPA Coordinator Ph: 305-470-5112 Fax: 305-470-5704 Any party may"alter the address to which communications or copies are to be sent by giving notice of such change of address in conformity with the provisions of this paragraph for the giving of notice. Page 6 of 11 Locally Funded Agreement between the City of Miami and the Florida Department of Transportation, Financial Project Number 412473-1-52-02 8. Entire Agreement. This Agreement, including its attached Exhibits, contain the sole and entire Agreement between the parties with respect to such subject matter and supersede any and all other prior written or oral agreements between them with respect to such subject matter. 9. Binding Effect. This Agreement shall be binding upon representatives, successors and assigns. 10. Waiver. Waiver by either parry of any breach of considered as or constitute a continuing any other provision of this Agreement. 11. Captions. The captions convenience or reference and in no Agreement or the intent of any of its 12. Absence of Third Party Beneficia intended to benefici upon tw 13. Other D 14. anyone a on of of any other and their respective shall not be f the same or in this Agreeme"pit are inserted only as a matter of day define,, limit, extend or `describe the scope of this ies. Nothing in this Agreement, express or implied, is .on any entity or person other than the parties and their permitted y right oi'erriedaes under or by reason of this Agreement as a third rvvisw,except as specifically provided in this Agreement; or (b) f arty to this Agreement to maintain an action pursuant to or based parties shall take all such actions and execute all such documents which may be reasonably necessary to carry out the purposes of this Agreement, whether or not specifically provided for in this Agreement. Governing Law. This Agreement and the interpretation of its terms shall be governed by the laws of the State of Florida, without application of conflicts of law principles. Venue for any Page 7 of 11 Locally Funded Agreement between the City of Miami and the Florida Department of Transportation, Financial Project Number 412473-1-52-02 judicial, administrative or other action to enforce or construe any term of this Agreement or arising from or relating to this Agreement shall lie exclusively in Miami -Dade County, Florida. IN WITNESS WHEREOF, the parties hereto have made and executed this Agreement on f> the day and year first above written, the CITY OF MIAMI, signing by and through its City Manager, and the STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION;{signing by and through its District Secretary, each duly authorized to CITY OF MIAMI: CITY MANA ATTEST:af: STATE OF FLORIDA, DEPARTMENTOF TRANSPORTATION: DISTRICT SECRETARY ) EXECUTIVE SECRETARY DISTRICT CHIEF COUNSEL Page 8 of 11 Locally Funded Agreement between the City of Miami and the Florida Department of Transportation, Financial Project Number 412473-1-52-02 EXHIBIT `A' SCOPE OF SERVICES The DEPARTMENT is installing decorative pedestrian crosswalks along S.R. 5Brickell Avenue from SE 25`h Road to SE 5th Street at the following intersections: • Crosswalk at station 68+60+ (includes removal of existing brick • Crosswalk at station 91+20± (includes removal of existing brick PROJECT LIMITS: SR5Brickell Avenue from south of SE 25" Road to:E 5"' Street DEPARTMENT Financial Project Number: 412473-1 COUNTY: Miami -Dade DEPARTMENT Project Manager: Judy Solaun-Gonzalez, P,!, 305-470-5207 CITY Project Manager: David J. Mendez,"P E,, Chief Civil Engmee ; 305-416-1200 Page 9 of 11 Locally Funded Agreement between the City of Miami and the Florida Department of Transportation, Financial Project Number 412473-1-52-02 EXHIBIT `B' FINANCIAL SUMMARY The DEPARTMENT's Work Program allocates the following funding, programmed on Financial Project Number 412473-1-52-02, for PROJECT completion: Fiscal Year: Amount: 2009/2010 $22,308.;00„ > Local M $22,308.00 Page 10 of 11 Locally Funded Agreement between the City of Miami and the Florida Department of Transportation, Financial Project Number 412473-1-52-02 EXHIBIT `C' CITY OF MIAMI RESOLUTION To be herein incorporated once approved by the CITY Commission. Page 11 of 11 Locally Funded Agreement between the City of Miami and the Florida Department of Transportation, Financial Project Number 412473-1-52-02