HomeMy WebLinkAboutrevised exhibit 111-25-03 Commission Agenda
Item D4.1 - SUBSTITUTE Package
PROJECT COOPERATION AGREEMENT
Between the City of Miami and CORAL VIEW DEVELOPMENT, INC.
for Certain Roadway & Public Right of Way Improvements
THIS AGREEMENT (the "Agreement") is made and entered into as of this day
of , 2003, by and between Coral View L.C. a Florida limited liability company
(hereinafter referred to as "CORAL VIEW") , with its principal office located at 2601 South
Bayshore Drive, 10TH Floor, Miami, Florida, 33133, and the CITY OF MIAMI, a municipal
corporation of the State of Florida (hereinafter referred to as "City"), with offices at 444 S.W.
2"d Avenue, Miami, Florida 33130-1910.
RECITALS:
A. CORAL VIEW is the fee simple owner of certain real property located at 3000
Coral Way, which has southern frontage on SW 22"d Terrace between SW 29th Avenue and SW
31st Avenue (the "Street Segment") as depicted in the attached Exhibit A incorporated herein
by reference) in the City of Miami, Miami -Dade County, Florida, on which it is constructing a
new mixed -use project containing approximately 226 residential units, known and identified as
The Aston (the "Development"). Said Development is, among other things, in furtherance of
the City's goal of creating market -rate housing near the downtown area. For purposes of this
Agreement, the term Coral View is interpreted to mean the owner, its architects, engineers and
general contractor engaged for the Development.
B. The City, pursuant to Resolution No. 03- adopted , 2003,
which Resolution is deemed as being incorporated by reference herein as though set forth in full,
supports the City's participation in a capital improvement project to make certain roadway
improvements in the City -owned public right-of-way on the Street Segment, which
improvements are being undertaken with input from community stakeholders, residents, property
owners and businesses. Further, the City has identified and funded additional capital
improvement projects to enhance the public right-of-way along Coral Way, a designated Scenic
Transportation Corridor by the City and a State Historic Highway by the State of Florida, which
fronts the north side of the Development.
C. Residents in the vicinity of the Development have requested, and the City has
confirmed the need for, improvements to the Street Segment, in the form of full roadway
reconstruction, including new pavement, curb and gutters, drainage, driveway aprons, sidewalks,
landscaping, pavement markings and signage (the "Road Improvements"), having a total
estimated cost of $193,000. Said Road Improvements would further the ease of travel, flow of
traffic and enhance the aesthetic appearance of the Street Segment, thus serve as public purpose
and primarily benefit the general public.
D. CORAL VIEW is committed to make certain improvements, valued at
approximately $39,000, to a designated portion of SW 22nd Terrace immediately in front of its
property pursuant to City building permits issued for the Development ("Developer
Improvements"), and thus has already engaged or will hire qualified firms to design and
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construct those improvements in the right-of-way. Said Developer Improvements consist of full
roadway reconstruction, including new pavement, curb and gutters, drainage, driveway aprons,
sidewalks, landscaping, pavement markings and signage for the portion of SW 22nd Terrace
directly in front of the Development to the center line of the road.
E. CORAL VIEW has proposed, and the City has accepted its offer, to additionally
design, engineer, and construct the Road Improvements, in additional to the Developer
Improvements, on behalf of the City at the same time as it performs those tasks for the Developer
Improvements, so as to minimize traffic and related disruptions within the area. Said offer is
conditioned on the City's review and approval of the design of the Road Improvements and on
the City's agreement to reimburse CORAL VIEW for its direct cost to design, engineer, and
construct the Road Improvements, subject to the terms, conditions limitations, and reservations
of this Agreement. Further, allowing Coral View to design and construct both the Road
Improvements and the Developer Improvements is expected to lower the price by eliminating or
reducing certain customary expenses such as contractor mobilization.
F. CORAL VIEW has devised a Preliminary Schematic Drawing for the Road
Improvements, attached hereto as Exhibit B, that has been approved by the City through its
Department of Capital Improvements (the "Department"). The City has determined that
construction of said Road Improvements will serve a valid public purpose and are in the best
interests of the City insofar as they promote the ease of travel, the flow of traffic and an
enhanced aesthetic appearance of the Street Segment, and thus support the safety and welfare of
the residents of the City. The Road Improvements as defined herein are to be located upon the
City owned public right-of-way which will remain open, accessible and available for the use and
enjoyment of the general public and serves the municipal and public purposes set forth herein.
G. In consideration of this offer, the City adopted Resolution No. (the
"Enabling Resolution"), a copy of which is attached hereto and made a part hereof as
Exhibit C, authorizing the City Manager to enter into this Agreement to assist with the funding
design, engineering and the construction of the Road Improvements in an amount not to exceed
One Hundred and Ninety -Three Thousand and No/100 Dollars ($193,000) (the "Funding
Amount") pursuant to the terms, conditions and reservations contained herein.
H. The Funding Amount has been allocated from and is derived from the proceeds of
the City's Limited Ad Valorem Tax Bonds, Series 2002, "Homeland Defense / Neighborhood
Improvement Bonds" (the "Bonds"), Project No. 311714 entitled "District 4 - Quality of Life
Improvements" for the purposes defined herein, provided that CORAL VIEW agree to be
responsible for: (i) the design, engineering and construction of the Road Improvements, and (ii)
any cost over -runs, change orders, expenses and fees beyond the Funding Amount that occur in
the design, engineering and/or construction and completion of such Road Improvements, except
those change orders that are specifically requested in writing by the City. The maximum amount
of the City liability to assist in the funding of these Road Improvements, pursuant to the terms of
the Resolution and this Agreement, shall not exceed the Funding Amount of One Hundred and
Ninety -Three Thousand ($193,000.00) dollars set forth herein
NOW, THEREFORE, in consideration of Ten and No/100 Dollars ($10.00) and for
other good and valuable consideration, the receipt and sufficiency of which are hereby
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acknowledged, CORAL VIEW and the City hereby agree that the foregoing recitals are true and
correct and further agree as follows:
(1) Incorporation by Reference. The recitals set forth in the preamble to this
Agreement are incorporated by reference as though set forth in full herein and made a part
hereof.
(2) Condition Precedent of Bond Oversight Committee Approval . It is a
condition precedent to the City's ability to lawfully enter into this Agreement that the City
receive a favorable recommendation from its Bond Oversight Board stating that the City may
apply a portion of the proceeds of the Bonds to fund the construction of the Improvements
pursuant to the terms, covenants and conditions of this Agreement. This condition has been fully
performed as the Bond Oversight Committee approved the funding amount for these stated
purposes at their meeting of October 28, 2003.
(3) Ownership of Improvements. The parties agree that the City shall be the owner
of the both the Road and Developer Improvements, after the completion of construction by
CORAL VIEW and upon acceptance of the both improvements by the City, which shall be
defined as the receipt and approval of "as built" drawings and final release of all subcontractor
and supplier liens by its Director of the Capital Improvements Department (the "Director").
Both the Road and Developer Improvements will be situated upon a public right-of-way owned
by the City. At the conclusion of the construction of the Improvements, CORAL VIEW shall
tender a bill of sale absolutely conveying title of the Improvements herein funded to the City,
free and clear of liens and encumbrances. Warrantee items such as landscaping materials shall
be maintained by CORAL VIEW though the warranty period. After the receipt of a bill of sale
and/or the conclusion of any warranty period, said Improvements shall be subsequently
maintained by City or any other successor public agency responsible to maintain the right-of-
way.
(4) Funding. CORAL VIEW will contribute an amount not less that Thirty Nine
Thousand Dollars ($39,000) ("CORAL VIEW Contribution") for the construction of the
Developer Improvements pursuant to the terms of its building permit. The City shall provide
funds in an amount not to exceed a maximum of One Hundred and Ninety Thousand Dollars
($190,000) (the "Funding Amount") solely for the construction of the Road Improvements,
provided the City shall have no obligation to fund any amounts in excess of the Funding
Amount For the purposes of this Agreement, the "
Total Estimated Cost" shall mean the sum
total of the ;Funding Amount and the; CORAL :VIEW Contribution,; or •the cumulative total of
Two Hundred Thirty Two` Thousand Dollars ($232,000).
In return, CORAL VIEW hereby agrees that it shall be responsible for all costs of
designing, engineering, initiating, permitting and completing construction of the Road
Improvements that exceed the Funding Amount. Further, if the cost of completion of the Road
Improvements is less than the Funding Amount, one hundred (100%) percent of the savings shall
accrue to the City. For purposes of this Agreement, costs relating to the construction of the
Improvements shall be defined to mean and include fees for professional engineers, architects,
landscape architects, surveyors, mapping, other bona fide design professionals, geoteclmical
testing, collectively referred to as "Allowable Soft Costs" and labor, materials, supplies,
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equipment, supervisory personnel, and insurance and bonding required herein for the
construction of the Road Improvements as set forth in this Agreement (the "Construction
Costs"). For purposes of this Agreement, Allowable Soft Costs and Construction Costs relating
to the Road Improvements shall not include the costs of land or rights of way, and fees for
lobbyists, legal or tax, environmental or regulatory counsel, auditors, accountants, brokers and
salespersons or other "soft costs". There shall be no mark up by CORAL VIEW on either
Allowable Soft Costs or Construction Costs or on related costs, that is, only the actual, direct
cost incurred by CORAL VIEW may be billed to the City for reimbursement pursuant to this
Agreement. Notwithstanding anything to the contrary contained herein, the purchase and
construction of the Improvements are undertaken on behalf of the City and the City shall, upon
completion and acceptance, be the owner of the Improvements constructed with the Funding
Amount.
(5) Construction Plans. CORAL VIEW and the City, acting by and through its
Director, agree that the development of the Improvements shall be substantially in accordance
with the Schematic Design and Contemplated Scope of Improvements ("Contemplated Scope")
as further described in the attached Exhibit D, or as may be modified by mutual agreement
between the Director and CORAL VIEW. Based on the Schematic Design and Contemplated
Scope, CORAL VIEW shall arrange to provide Construction Plans and documents that
additionally comply with applicable City of Miami Urban Design Standards and Guidelines. The
City, acting by and through the Director or his duly authorized designee, shall review and
approve all subsequent design documents and cost estimates pertaining to the Improvements at
progress phases deemed appropriate by the Director. CORAL VIEW shall duly consider and
implement comments and revisions suggested by the Director during such periodical reviews of
the progress Construction Documents. Throughout the design process, CORAL VIEW shall use
its best effort to ensure that the Road Improvements can be built within the Funding Amount,
and may, if approved by the Director in his sole discretion, make adjustments to the
Contemplated Scope as necessary. All decisions with regard to modifications of the progress
Construction Documents shall rest with the Director or his duly authorized designee.
CORAL VIEW hereby agrees to provide final detailed construction plans, specifications
and related documents (the "Construction Documents") pertaining to the Improvements in the
public right-of-way in a manner consistent with the Schematic Design and Contemplated Scope.
The Construction Documents shall include all design, engineering and consultants' plans needed
for completion of the Improvements (including, but not limited to, plans for the new pavement,
curbs and gutters, drainage, driveway aprons, sidewalks, landscaping, signage and striping).
(6) Final Construction Documents Review and Options: The final Construction
Documents shall be forwarded to the Director for his review and approval as to consistency with
the Schematic Design and Contemplated Scope, and said approval by Director shall not be
unreasonably withheld, conditioned or delayed. In the event the Director fails to comment on
such documents in writing within forty-five (45) days of their transmittal to him, the
Construction Documents will be deemed approved without the necessity of further action.
CORAL VIEW shall determine, as evidenced by one or more construction bids from
reputable and qualified construction contractors, including those it has retained for the
Development, that are acceptable to the Director, whether the Road Improvements as depicted in
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the Construction Documents can be constructed within the Funding Amount. Such evidence
shall be presented to the Director within the 45-day Construction Document review period. The
Director shall approve any and all bids prior to acceptance by CORAL VIEW. In the event that
all of the construction bid(s) for the Road Improvements exceed the Funding Amount, then
CORAL VIEW may: a) seek additional bids front additional contractors that are acceptable to
the Director, b) recommend to the Director, for the Director's consideration and sole approval,
changes in the scope of work and/or Construction Documents that will reduce the Construction
Cost to the Funding Amount, c) contribute additional funds for the Road Improvements, or d)
decline to implement construction of the Road Improvements, without penalty to either party and
without recourse by either party, excepting that any City funds received will promptly refunded
to the City. In the event that option b) hereinabove is considered, there shall be no modification
in scope that, solely in the opinion of the Director, negatively impacts or reduces the standards of
quality or aesthetics incorporated into the original Schematic Plan. In the event that option d)
hereinabove is considered, CORAL VIEW shall still construct, at its sole cost and expense, the
Developer Improvements contemplated within CORAL VIEW original permit plans submitted
and approved by the City Building Department.
(7) Construction and Draw Requests. CORAL VIEW shall be responsible for the
construction of the Improvements substantially in accordance with the Construction Documents
approved by the Director. If deemed necessary by the Director, CORAL VIEW shall
substantiate its expenditure of the CORAL VIEW Contribution for the Developer Improvements
prior to the City approving any invoices for reimbursement to CORAL VIEW of the Funding
Amount for the Road Improvements.
(7.1) Construction Means and Methods, No damages for Delay. CORAL VIEW shall
be responsible for supervision and performance of the Improvements, including,
without limitation, scheduling, permitting, materials, labor, and means and
methods of construction performed by CORAL VIEW's contractor.
(7.2) In the event of any delays to the Project and/or construction of the
Improvements, CORAL VIEW's sole remedy shall be to seek an extension of
time from the Director in accordance with the applicable terms of the contract.
CORAL VIEW is not entitled to delay damages under this Agreement. The City
will not be liable for any delay damages or damages in any way attributable to
performing work out of sequence, acceleration claims, or other similar type
claims, work slow downs, inefficiencies, sequencing issues, reduced
productivity, or even acceleration claims.
CORAL VIEW shall submit a detailed monthly invoice, which complies with Florida's
Prompt Payment Act, §218.70, Fla. Stat. (2002) to the City for all costs relating to the
construction of the Improvements performed during the preceding month, along with reasonable
substantiating documentation as requested by the City. Provided the work has been performed,
the City shall make payment within thirty (30) days after the date the City receives such detailed
invoice.
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(8) Insurance and Bonding; Indemnity and Hold Harmless.
(a) Insurance and Bonding: Prior to commencing the construction of the
Improvements, CORAL VIEW shall provide the City's Risk Management Administrator
with evidence, consisting of certificates or policies of insurance and bonds issued by
Florida insurers and/or sureties rated A:XV or better per A.M. Best's Key Rating Guide,
latest edition, of: (a) builder's risk insurance for the full replacement cost of the
Improvements; (b) general liability insurance in such form and amounts as may be
reasonably required by the City's Risk Management Administrator; and (c) a Payment
and Performance Bond from the general contractor in substantially the form prescribed
for a public construction bond by Section 255.05, Fla. Stat. (2003), guaranteeing
performance of this Agreement and payment of all subcontractors, laborers, material
persons, suppliers and the like, in the Funding Amount as set forth herein or in an amount
equivalent to the Construction Cost of the Improvements, whichever amount is greater.
The City of Miami will be a named obligee on the bond required by this section in a
minimum amount of one hundred and ninety-three thousand ($193,000) dollars. The
amount of insurance coverage required will not be less than the amounts set forth in
Exhibit E, "Insurance Requirements", attached hereto and, made a part hereof. Said
insurance policies shall name the City as an additional insured and said bond shall name
the City as sole Obligee upon such bond. The foregoing insurance coverage and bonding
shall be maintained in effect by CORAL VIEW until final completion and acceptance of
the Improvements by City. CORAL VIEW shall furnish to the City's Risk Management
Administrator certificates of insurance and/or insurance policies for the coverage required
hereunder and the required payment/ performance bond for City review, comment and
approval at least thirty (30) days prior to commencement of construction of
Improvements funded by the City. The City shall be given at least 30 days prior written
notice of any cancellation, lapse, or material modification of said insurance coverage
and/or bond. As allowed under the provisions of §255.05(7), Florida Statutes (2002) the
City's Risk Management Administrator may , in writing, decide to accept an alternative
form of security submitted by CORAL VIEW in lieu of the Payment and Performance
Bond.
(b) Hold Harmless and Indemnity. CORAL VIEW, its successors and assigns hereby
covenant not to sue, hold harmless, indemnify, and defend the City, and other City of
Miami Boards or Agencies, and their respective officers and employees in any and all
actions, claims, demands, costs, expenses, liabilities or damages arising or accruing by
virtue of negligent acts or omissions of CORAL VIEW, its agents, servants,
representatives, successors and assigns. This hold harmless, indemnity and covenant not
to sue includes, without limitation, any and all claims for personal injury, wrongful death,
damage to or loss of property, violation of applicable contracts, laws, codes, rules,
construction, architectural, or design decisions, actions or omissions. The duty to defend
may be complied with, at the option of the City Attorney, by either paying reasonable
attorney's fees for the cost incurred by the City in its defense, or by selecting defense
counsel, the cost of which shall be borne by CORAL VIEW. The obligations under this
section shall survive the expiration or cancellation of this Agreement and shall be
construed to comply with the applicable provisions of Chapter 725 , Florida Statutes
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(2003) This hold harmless and indemnity will not apply to claims for gross negligence, or
willful, wanton or intentional misconduct or statutory violations of the City , its officials
and employees, except and to the extent that these actions are caused by or result from
the acts or omissions of CORAL VIEW, its servants, agents, or representatives.
(9) Compliance With Laws. CORAL VIEW and the City shall at all times comply
with all applicable municipal, county, state and federal laws, ordinances, codes, statutes, rules
and regulations, approved development orders, and City of Miami Guidelines governing the
design and construction of the Improvements and the granting of Funds for use thereof.
(10) Miscellaneous.
(a) Enforcement. The provisions of this Agreement may be enforced by all
appropriate actions in law and in equity by any party to this Agreement, or fee simple
owners of the Property. In order to expedite the conclusion of the actions brought
pursuant to this Agreement, the parties, their successors and assigns will not demand jury
trial nor file permissive counterclaims outside the bounds of this Agreement in such
actions. Each party shall bear their own respective attorney's fees. A court of competent
jurisdiction may award court costs to a prevailing party.
(b) Counterparts. This Agreement may be executed in any number of counterparts
and by the separate parties hereto in separate counterparts, each of which when taken
together shall be deemed to be one and the same instrument.
(c) City Officials. The "City" is a municipal corporation, and the City Manager as its
Chief Administrative Officer, is empowered to make all decisions with regard to this
Agreement on behalf of the City, unless otherwise provided by law or by resolution of the
City Commission.
(d) Successors and Assigns. This Agreement may not be assigned, sold, pledged,
hypothecated or encumbered, in whole or in part, to any third party or business entity,
contract vendee, successor , assign or to an institutional lender providing construction
funding for development of the Development, without the prior approval of the Miami
City Commission. The City is relying on the commitment, skill and reputation of
CORAL VIEW in performing this work and may withhold or cancel funding in the event
there is any assignment, pledge, sale or other disposition by CORAL VIEW without
having first secured the approval of the City Manager or his designee, which may be
unreasonably withheld or delayed.
(e) Construction of Agreement. The section headings contained in this Agreement
are for reference purposes only and shall not affect the meaning or interpretation hereof.
All of the parties to this Agreement have participated fully in the negotiation of this
Agreement, and accordingly, this Agreement shall not be more strictly construed against
any one of the parties hereto. In construing this Agreement, the singular shall be held to
include the plural, the plural shall be held to include the singular, and reference to any
particular gender shall be held to include every other and all genders.
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(f) Notices. Any and all notices required or desired to be given hereunder shall be in
writing and shall be deemed to have been duly given when delivered by hand (including
recognized overnight courier services, such as Federal Express) or three (3) business days
after deposit in the United States mail, by registered or certified mail, return receipt
requested, postage prepaid, and addressed to the recipient at the address for such party set
forth in the introductory paragraph to this Agreement (or to such other address as any
party hereunder shall hereafter specify to the other in writing).
City of Miami:
Jorge Cano, Director
Capital Improvement Programs
444 S.W. 2' Avenue, 8th Floor
Miami, FL 33130
CORAL VIEW, L.C. :
Willy A. Bermello, Manager
2601 South Bayshore Dr., 10TH Floor
Miami, FL 33133
With a copy to:
Alejandro Vilarello, City Attorney
444 S.W. 2nd Ave, Suite 945
Miami, FL 33130
(g) Severability. In the event any term or provision of this Agreement is determined
by appropriate judicial authority to be illegal or otherwise invalid, such provision shall be
given its nearest legal meaning or be construed as deleted as such authority determines,
and the remainder of this Agreement shall be construed in full force and effect.
(h) Exhibits. All of the Exhibits attached to this Agreement are incorporated in, and
made a part of, this Agreement.
(i) Amendments; Termination. This Agreement may not be amended, modified or
terminated except by written agreement of the parties hereto. Further, no modification or
amendment, excepting a termination for cause by the City under Section (11) herein,
shall be effective unless in writing and executed by the parties, employing the same
formalities as were used in the execution of this Agreement.
(11) Default.
a) Termination for Cause. In the event of a default, which is not cured within ninety
(90) days following the date of a written notice mailed as provided in Section (10) herein,
the parties shall have all rights and remedies provided by law or equity. The City
Manager shall grant one extension of not more than ninety (90) additional days in total if
such failure to cure is due to Force Majeure as that term is interpreted under Florida law.
b) This Agreement and/or the City's funding obligations under the Agreement may
be terminated, for cause, at the option of and by the City Manager, if any default is not
cured by CORAL VIEW or CORAL VIEW does not comply with any material terms,
covenants or condition provided herein within ninety (90) days from the date of a written
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notice from the City Manager; or when, in the opinion of the City Commission,
termination is necessary to protect the interests of public health, safety or general welfare.
This subsection shall not apply during any period of Force Majeure extension pursuant to
Section (11)a).
c) Termination for cause may include, without limitation, any of the following:
i) CORAL VIEW fails to obtain the insurance or bonding herein required.
ii) A mechanics, subcontractors , laborers or similar lien or encumbrance is placed
upon the Improvements or other City owned property due to actions or omissions of
CORAL VIEW, its agents, servants, or representatives and is not contested, bonded,
or discharged by CORAL VIEW within thirty (30) days of its recordation.
iii) CORAL VIEW fails to comply, in a substantial or material sense, with any of its
duties under this Agreement, any terms or conditions set forth in this Agreement, or
any Agreement it has with the City , its architect, engineer or contractor arising by
virtue of this Agreement, beyond the specified period allowed to cure such default.
iv) CORAL VIEW assigns, sells, transfers, hypothecates, pledges or encumbers this
Agreement or any interest therein, without securing the prior approval of the City
Commission .
v) CORAL VIEW fails to complete the Improvements in a timely manner as
required by this Agreement an in accordance with the Construction Documents.
vi) CORAL VIEW shall have no recourse or remedy from a termination made by the
City in accordance with this Section, except to retain the funds already disbursed and
demonstrably expended for the Improvements, in full and final settlement of any
claim, action, demand, cost, charge or entitlement it may have, or will, have against
the City, its officials or employees.
(12) Entire Agreement. This Agreement constitutes the entire agreement between the
parties with respect to the subject matter hereof and supercedes all prior agreements,
understandings and arrangements, both oral and written, between the parties with respect thereto.
(13) Governing Law. This Agreement shall be construed in accordance with, and
governed by, the laws of the State of Florida. Venue for all actions under this Agreement shall
be in Miami -Dade County, Florida.
(14) No Joint Venture Or Third -Party Beneficiaries. CORAL VIEW is an
independent contractor and is not an agent, joint venture, partner or affiliate of the City, nor can
the City be bound to honor any obligation or duty of CORAL VIEW, except as expressly
provided herein.
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Neither the City nor CORAL VIEW intends to directly or substantially benefit a third -
party by this Agreement. Therefore, the parties agree there are no third party beneficiaries to this
Agreement and that no third -party shall be entitled to assert a claim against either of them based
upon this Agreement.
(15) No Discrimination. CORAL VIEW represents and warrants that there shall be no
unlawful discrimination as provided by federal, state or local law, in connection with its
performance under this Agreement.
(16) Authority of CORAL VIEW Signatories. The undersigned executing this
Agreement on behalf of CORAL VIEW has authority of record pursuant to the attached
Corporate Resolution, and all applicable laws of the State of Florida to act on behalf of and bind
CORAL VIEW to every condition, covenant and duty set forth herein.
(17) Contingency Clause. Funding for this Agreement is contingent on the
availability of funds and of continued authorization for program activities and is subject to
termination due to lack of funds or authorization, reduction of funds, and/ or change in laws or
legal requirements.
(18) Frequently Continuing Conflicts. Neither Coral View nor the City nor its
employees shall have or hold any continuing or frequently continuing employment or contractual
relationship that is substantially antagonistic or incompatible with Coral view's loyal and
conscientious exercise of judgment related to this Agreement.
(19) Joint Preparation. Preparation of this Agreement has been a joint effort of the
City and Coral View and the resulting document shall not, solely as a matter of judicial
construction , be construed more severely against one of the parties than the other.
(20) Audit Rights. Pursuant to the applicable provisions of §18-100 to §18-102 of the
Code of the City of Miami, as amended from time to time which are deemed as , being
incorporated by reference herein, the City may audit CORAL VIEW's records relating to this
Agreement , during regular business hours, at a location within the City of Miami during the
term of this Agreement and for three (3) years thereafter.
(21) IN WITNESS WHEREOF, the parties have executed this Agreement as of the
day and year first above written.
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CORPORATE SECRETARY: CORAL VIEW L.C. , a Florida Limited
Liability Company
By:
(Print Name) Willy A. Bermello, Manager
WITNESSES
Print Name:
Print Name:
ATTEST:
Date:
(Affix Company/Corporate Seal)
CITY OF MIAMI, a municipal corporation of
the State of Florida
By:
Priscilla Thompson, City Clerk Name: Joe Arriola
Title: City Manager
APPROVED AS TO INSURANCE APPROVED AS TO FORM AND
REQUIREMENTS: CORRECTNESS:
Ramona Fiumara, Acting Administrator
Risk Management Department
Alejandro Vilarello, City Attorney
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EXHIBIT A
LOCATION MAP - Street Segment
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DRAWING NEEDED
EXHIBIT B
SCHEMATIC DESIGN
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EXHIBIT C
Resolution No. 03-
ENABLING RESOLUTION
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11-25-03 Commission Agenda
Item D4.1 - SUBSTITUTE Package
EXHIBIT D
CONTEMPLATED SCOPE OF WORK
The schedule below provides a listing of elements to be included in the development of
the Street Segment that is the subject of this Agreement.
TASK
Design and Construction
Mobilization
Roadway Reconstruction (includes full scope of work) **
Landscaping (includes all sodding and planting)
Surveying
Geotechnical Engineering Analysis
Permits
MOT
Testing
Civil Engineering Design Fees
Landscape Design Fees
Note: These fees exclude the fees that are the responsibility of the developer.
** See below for breakdown
Roadway;; Reconstruction Detail -
TASK
Design and Construction
MUI and Resurfacing
Curb and gutter
Exfiltration Trench
Valley Gutter
Inlets
Drainage, Pipe
Driveways
Striping and Signage
Sidewalk
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11-25-03 Commission Agenda
Item D4.1 - SUBSTITUTE Package
EXHIBIT E
INSURANCE REQUIREMENTS
Commercial General Liability
A. Limits of Liability
1. Bodily Injury and Property Damage Liability
Combined Single Limit
Each Occurrence $1,000,000
General Aggregate Limit $2,000,000
2. Products/Completed Operations
Aggregate Limit per project $2,000,000
Personal and Advertising Injury $1,000,000
B. Endorsements Required
1. City of Miami included as an Additional Insured
2. Products/Completed Operations - Coverage should be kept in force for a period of not
less than three years from the date of which the work was performed
3. Employees included as insured
4. Personal Injury
5. Contractual Liability
6. Waiver of Subrogation
7. Premises/Operations
8. Care, Custody and Control Exclusion Removed
9. Explosion, Collapse and Underground Hazard
10. Incidental Medical Malpractice
11. Loading and Unloading
12. Mobile Equipment (Contractors Equipment) whether owned, leased, borrowed, or
rented by the contractor or employees of the contractor
II. Business Automobile Liability
A. Limits of Liability
Bodily Injury and Property Damage Liability
Any Auto, Including Hired, Borrowed or Non -Owned Autos
Combined Single Limit
Any One Accident $ 1,000,000
B. Endorsements Required
City of Miami included as an Additional Insured
Employees included as insured
Waiver of Subrogation
III. Worker's Compensation
Limits of Liability: Statutory -State of Florida
Waiver of subrogation
IV. Employer's Liability
A. Limits of Liability:
$500,000 for bodily injury caused by an accident, each accident.
$500,000 for bodily injury caused by disease, each employee
$500,000 for bodily injury caused by disease, policy limit
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