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HomeMy WebLinkAboutExhibitContract Number: STORM WATER PUMP STATION JOINT PARTICIPATION AGREEMENT BETWEEN STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION AND THE CITY OF MIAMI THIS AGREEMENT is made and entered into this day of , 20 , between the State of Florida Department of Transportation, a component agency of the State of Florida, hereinafter referred to as the `DEPARTMENT', and the City of Miami, a municipal corporation of the State of Florida, existing under the Laws of the State of Florida, hereinafter referred to as the `CITY'. RECITALS: WHEREAS, the DEPARTMENT has jurisdiction over and maintains the State Road (S.R.) 5Brickell Avenue corridor in the CITY; and WHEREAS, the DEPARTMENT has drafted design plans for the installation of the storm water pump station on S.R. 5Brickell Avenue from SE 25"' Street to SE 5th Street and is installing the pump station in accordance with DEPARTMENT Contract 4 T-6190; and WHEREAS, the CITY has agreed to enter into a Maintenance Memorandum of Agreement assigning the maintenance of the storm water pump station to the CITY in perpetuity, hereinafter referred to as the `MMOA'; and WHEREAS, the DEPARTMENT has agreed to reimburse the CITY for fifty percent (50%) of the annual cost to maintain the storm water pump station, hereinafter referred to as the `PROJECT', the individualelementsof which are outlined in the attached Exhibit "A", `Scope of Services', which is herein incorporated by reference; and WHEREAS, the DEPARTMENT has programmed funding for the PROJECT under Financial Project Number 412473-4-78-01 for the eligible PROJECT costs up to a maximum limiting amount, as outlined in the attached Exhibit "B", `Financial Summary', which is herein incorporated by reference; and WHEREAS, the parties hereto mutually recognize the need for entering into an Agreement designating and setting forth the responsibilities of each party; and WHEREAS, the parties are authorized to enter into this Agreement pursuant to Section 339.48(e) and 339.12, Florida Statutes (F.S.); Page 1 of 10 Storm Water Pump Station Joint Participation Agreement between the Florida Department of Transportation and the City of Miami Financial Project Number # 412473-4-78-01 P4;, 97 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. INCORPORATION OF RECITALS The foregoing recitals are true and correct and are incorporated into the body of this Agreement, as if fully set forth herein. 2. GENERAL REQUIREMENTS a. The CITY shall be responsible for assuring that the PROJECT complies with the executed MMOA, all applicable Federal, State and Local laws, rules, regulations, guidelines, and standards. b. The CITY shall submit this Agreement to its CITY Council for ratification or approval by resolution. A copy of said resolution is attached hereto as Exhibit "C", `City of Miami Resolution', and is herein incorporated by reference. c. The CITY shall administer, supervise and inspect all aspects of the PROJECT, and as further defined in Exhibit "A", `Scope of Services'. All aspects of PROJECT are subject to DEPARTMENT standards and specifications and must be in compliance with all governing laws and ordinances. d. The CITY shall not execute any contract or obligate itself in any manner requiring the disbursement of DEPARTMENT funds, including consulting or construction contracts or amendments thereto, with any third party with respect to the PROJECT without the prior written approval of the DEPARTMENT. The DEPARTMENT specifically reserves the right to review qualifications of any consultant or contractor and to approve or disapprove CITY employment of same. e. This Agreement and any interest herein shall not be assigned, transferred or otherwise encumbered by the CITY under any circumstances without prior written consent of the DEPARTMENT. However, this Agreement shall run to the DEPARTMENT and its successors. f. The DEPARTMENT will not participate in any expenditures, which result due to the CITY's neglect. g. The DEPARTMENT shall reimburse the CITY for fifty percent (50%) of the eligible PROJECT maintenance costs as defined in Exhibit `B", `Financial Summary', and in accordance with the financial provisions in Section 3 of this Agreement. h. The CITY shall comply with all federal, state, and local laws and ordinances applicable with work or payment of work thereof, and will not discriminate on Page 2 of 10 Storm Water Pump Station Joint Participation Agreement between the Florida Department of Transportation and the City of Miami Financial Project Number # 412473-4-78-01 the grounds of race, color, religion, sex, national, origin, age or disability in the performance of work under this Agreement. 3. FINANCIAL PROVISIONS a. Eligible PROJECT costs may not exceed SEVENTY FIVE THOUSAND DOLLARS ($75,000.00), as outlined in Exhibit `B", `Financial Summary'. If additional funding is required, contingent upon DEPARTMENT approval, a supplemental agreement between the DEPARTMENT and the CITY authorizing the additional funding shall be executed prior to such costs being incurred. b. The DEPARTMENT agrees to pay the CITY for the herein described services the compensation as detailed in this Agreement. c. Payment shall be made only after receipt and approval of goods and services, unless advance payments are authorized by the Department's Comptroller under Section 334.044(29), F.S., or by the Department of Financial Services under Section 215.422(14), F.S. d. Bills for fees or other compensation for services or expenses shall be submitted in detail sufficient for a proper preaudit and postaudit thereof. e. Travel costs will not be reimbursed. f. Records of costs incurred under the terms of this Agreement shall be maintained and made available upon request to the DEPARTMENT at all times during the period of this Agreement and for five (5) years after final payment is made. Copies of these documents and records shall be furnished to the DEPARTMENT upon request. Records of costs incurred include the CITY's general accounting records and the project records, together with supporting documents and records, of the consultant/contractor and all subconsultants/subcontractors performing work on the project, and all other records of the consultant/contractor and subconsultants/subcontractors considered necessary by the DEPARTMENT for a proper audit of costs. g. In the event this contract is for services in excess of $25,000.00 and a term for a period of more than 1 year, the provisions of Section 339.135(6)(x), F.S., are hereby incorporated: "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 such funds are available prior to Page -1 of 10 Storm Water Pump Station Joint Participation Agreement between the Florida Department of Transportation and the City of Miami Financial Project Number # 412473-4-78-01 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 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 1 year." h. The DEPARTMENT's obligation to pay is contingent upon an annual appropriation by the Florida Legislature. 4. GOVERNING LAW This Agreement shall be governed and construed in accordance with the laws of the State of Florida. 5. AMENDMENT This Agreement may be amended by mutual agreement of the DEPARTMENT and the CITY expressed in writing, executed and delivered by each party. 6. INVALIDITY If any part of this Agreement shall be determined to be invalid or unenforceable, the remainder of this Agreement shall not be affected thereby, if such remainder continues to conform to the terms and requirements of applicable law. 7. COMMUNICATIONS a. All notices, requests, demands, consents, approvals and other communications which are required to be served or given hereunder, shall be in writing and hand -delivered or sent by either registered or certified U.S. mail, return receipt requested, postage prepaid, addressed to the party to receive such notices as follows: To DEPARTMENT: Florida Department of Transportation 1000 Northwest 111 Avenue, Room 6202A Miami, Florida 33172-5800 Attn: Michelle Meaux, JPA Coordinator Ph: (305) 470-5112; Fax: (305) 470-5704 Page 4 of 10 Storm Water Pump Station Joint Participation Agreement between the Florida Department of Transportation and the City of Miami Financial Project Number # 412473-4-78-01 To CITY/COUNTY: City of Miami 444 SW 2nd Avenue Miami, Florida 33130 Attn: Ph: b. Either party may, by notice given as aforesaid, change its address for all subsequent notices. Notices given in compliance with this section shall be deemed given when placed in the mail. 8. EXPIRATION OF AGREEMENT This Agreement will expire on June 30, 2016, unless an extension of the time period is requested by the CITY and granted in writing by the DEPARTMENT's District Six Secretary or Designee. 9. RENEWAL In accordance with Section 287.058(1)(f), F.S., this Agreement may be renewed for a period that may not exceed three (3) years or the term of the original contract, whichever period is longer, only if mutually agreed to in writing by the DEPARTMENT and the CITY. Any such renewal shall be subject to the same terms and conditions set forth in this Agreement, and shall be contingent upon the availability of funds. 10. INVOICING The CITY shall invoice the DEPARTMENT on an annual basis for completed maintenance work. All maintenance costs charged to the PROJECT, including approved services contributed by the CITY or others, shall be supported by properly executed payroll, time records, invoices, contracts or vouchers evidencing in proper detail the nature and propriety of the charges. Invoices for maintenance work completed before contract expiration shall be submitted no later than October 28, 2016. Invoices submitted after will not be paid. 11. ENTIRE AGREEMENT This Joint Participation Agreement is the entire Agreement between the parties hereto, and it may be modified or amended only by mutual consent of the parties in writing. Page 5of10 Storm Water Pump Station Joint Participation Agreement between the Florida Department of Transportation and the City of Miami Financial Project Number # 412473-4-78-01 IN WITNESS WHEREOF, the parties hereto have executed this Agreement, on the day and year above written. CITY OF MIAMI: STATE OF FLORIDA, DEPARTMENT OF TRANSPORTATION: BY: BY: CITY MAYOR DISTRICT SECRETARY ATTEST: ATTEST: (SEAL) CITY CLERK (SEAL) EXECUTIVE SECRETARY LEGAL REVIEW: CITY ATTORNEY DISTRICT CHIEF COUNSEL Page 6 of 10 Storm Water Pump Station Joint Participation Agreement between the Florida Department of Transportation and the City of Miami Financial Project Number 4 412473-4-78-01 EXHIBIT "A" SCOPE OF SERVICES The CITY agrees to routinely and periodically maintain and operate, as specified herein, the storm water pump station. Upon completion of the installation, the CITY will be responsible for the routine operations and maintenance of the storm water pump station installed by the DEPARTMENT. The CITY shall not change or deviate from the PLANS AND SPECIFICATIONS, incorporated herein by reference, without written approval of the DERPARTMENT. The CITY shall be responsible for the below maintenance activities for the pump station described above: A. To maintain the storm water pump station systems (electrical, mechanical, etc.) working properly. B. To remove and dispose all waste and emissions such as used coolant, oil lubricants, etc. All government regulations shall be observed during the waste removal. C. To keep the pump stations tidy and in good order at all times. D. Before starting maintenance work on the pump, the pump must be isolated from the power supply and cannot be energized. This applies to the control circuit as well. E. To inspect the pump stations at least once a year, but more frequently under severe operating conditions. F. To inspect the oil levels after one week of operations when seals have been replaced. G. To perform oil changes in accordance with manufactured specifications. A service log shall be maintained for all maintenance operations. H. The CITY shall be responsible for all costs associated with routine operations, maintenance, and minor repairs, which include: electrical power, diesel fuel, oil, filters, labor, and other incidental maintenance and operations items. I. Excluded from the responsibility of the CITY, are all major repairs and replacement of the pump station components, such as controls, pumps and motors. J. As soon as it becomes immediately apparent, the CITY shall notify the DEPARTMENT of all needed major repairs for the storm water pump station. The CITY and the DEPARTMENT, as necessary, shall enter into future separate agreements to negotiate terms and commit funding for major repairs and replacement of the pump station components, such as controls, pumps, and motors. Said future agreements shall be Page 7 of 10 Storm Water Pump Station Joint Participation Agreement between the Florida Department of Transportation and the City of Miami Financial Project Number # 412473-4- 78-01 executed in advance of the start of any major repairs and/or replacement of the pump station components. K. The DEPARTMENT reserves the right, at its sole discretion: 1) to implement future major repairs and/or replacement of the pump station components; or 2) to negotiate and contract with the CITY to complete the major repairs and/or replacement of the pump station components on behalf of the DEPARTMENT in order to maintain the functionality of the pump stations. PROJECT Limits: S.R. 5/Brickell Avenue from SE 25th Street to SE 5th Street FDOT Financial Project Number: 412473-4-78-01 County: Miami -Dade FDOT Project Manager: B. Keith Jimmerson, P.E., South Dade Maintenance Engineer 305-256-6392 CITY Project Manager: TBD Page 8 of 10 Storm Water Pump Station Joint Participation Agreement between the Florida Department of Transportation and the City of Miami Financial Project Number # 412473-4-78-01 EXHIBIT "B" FINANCIAL SUMMARY Estimated PROJECT costs for reimbursement are below -listed, programmed under Financial Project Number 412473-4-78-01: Fiscal Year: 2011/2012 2012/2013 2013/2014 2014/2015 2015/2016 Amount: Fund Type: $15,000.00 Default State Funds (D) $15,000.00 Default State Funds (D) $15,000.00 Default State Funds (D) $15,000.00 $15.000.00 Total PROJECT Cost Estimate: $75,000.00 Default State Funds (D) Default State Funds (D) Page 9 of 10 Storm Water Pump Station Joint Participation Agreement between the Florida Department of Transportation and the City of Miami Financial Project Number 9 412473-4-78-01 EXHIBIT "C" CITY OF MIAMI RESOLUTION To be herein incorporated once approved by the CITY Board of Commissioners. 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