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HomeMy WebLinkAboutexhibit- agreementJOINT PARTICIPATION AGREEMENT CITY OF MIAMI AND THE FLORIDA DEPARTMENT OF TRANSPORTATION Stormwater Improvements Project SW 6th Street (Intersection with SW 64th Court) SW 64th Court (from SW 8th Street to SW 6th Street) This Joint Participation Agreement ("Agreement") is made and entered into this day of , 2004, by and between the City of Miami, a municipal corporation of the State of Florida, hereinafter referred to as the "City," and the Florida Department of Transportation (FDOT), hereinafter referred to as the "Department." SECTION I Definitions For purposes of this Agreement, the following terms shall apply: 1. Agreement shall mean this document, including any written amendments thereto, and other written documents or parts thereof which are expressly incorporated herein by reference. 2. Department shall mean the Florida Department of Transportation, District VI, by and through its District Secretary. 3. City shall mean the City of Miami, by and through its City Manager. 4. Force Maieure shall mean an act of God, epidemic, lighting, earthquake, fire, explosion, hurricane, flood or similar occurrence, strike an act a public enemy, or blockage, insurrection, riot, general arrest or restraint of government and people, civil disturbance or similar occurrence, which has had or may reasonably be expected to have a material adverse effect on the rights or obligations of either party under this Agreement. SECTION II Purpose 1. The City has designed a Stormwater Management Improvements project with assistance from a Consultant (T.Y. LIN InternationaUH.J. ROSS International) that encompasses construction of stormwater drainage systems for the areas between SW 62" d Avenue and SW 67th Avenue and SW 8th Street and Flagler Street. This Agreement provides for drainage improvements for a portion of that area which is located along SW 64th Court between SW 8th Street and SW 6th Street, including improvements along SW 6th Street in the intersection of SW 64th Court, hereinafter collectively referred to as the "Project" (see Exhibit A - Project Description for more detailed information). Page 1 of 13 2. The Project is within the City's right-of-way. The City and the Department agree that the Project shall be constructed in accordance with standards and specifications approved both by the City and the Department. 3. The City has agreed to secure and manage the construction contract and to administer and supervise the construction of the Project consistent with the terms of this Agreement and governing laws and ordinances. 4. The total estimated cost for this Project is $183,000.00 (see Exhibit B - Project Cost Estimate). 5. Pursuant to this Agreement, the Department agrees to provide funds to the City for this project in the amount of $85,000.00. Such funds shall be made available by the Department to the City as specified in Section VI (Department's Financial Obligation) of this Agreement. SECTION III Authority 1. The Department and the City have determined that it would be to the best interest of the general public and the citizens of the City to enter into this Agreement. 2. The parties are authorized to enter this Agreement pursuant to Section 339.08(2)(e), Florida Statutes, and Resolution of the City. SECTION IV Term of Agreement 1. The term of this Agreement shall commence with the date of execution, and shall expire upon completion of the Project. 2. The Department's performance and obligation to pay under this Agreement is contingent upon an annual appropriation by the Legislature (See Section VI for more detailed information). SECTION V Scope of Work 1. The scope of work for the Project includes the removal and replacement of existing inlets with proposed inlets, the addition of an exfiltration trench (Le., "French drain"), and drainage pipes within the Project limits, hereinafter referred to as the "Improvements". This proposed system will connect or tie into the existing drainage system. 2. The City will bid, construct, and manage construction for the Project. Page 2 of 13 3. The Department will provide final construction plans to the City, and its Consultant for the Improvements as specified in attachment A. The plans for the Improvements to be furnished by the Department are subject to the City's approval, and upon such approval, will be incorporated into the set of plans developed by the City for more comprehensive stormwater improvements for the area and its adjacencies. SECTION VI Department's Financial Obligation 1. Nothing in this Agreement shall be construed to violate the provisions of Section 339.135 (6)(a), Florida Statutes (2000), which provides as follows: 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 a contract 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 $25,000 and which have a term for a period of more than one year. 2. The Department shall reimburse the City for all approved invoices up to $85,000.00. 3. Both parties further agree that if the final auditing of the eligible Project costs indicates the eligible costs exceed $183,000, the parties must enter into a supplemental Agreement for the City to receive any additional funding from the Department. „. dine parties further agree, that if there are additional Project cost that are not eligible, the Department shall not be obligated or liable to the City, third parties or their agents or employees for reimbursement of the ineligible Project costs. {State - SECTION VII City's Project Obligations 1. It is understood and agreed by the parties hereto that the City shall comply with Section 337.11(3)(a), (b), Florida Statutes, and/or the City's procurement regulations in the hiring of a Construction Contractor and CEI Consultant for this Project. 2. The City shall obtain all applicable federal, state and local permits and approvals (with the exception of Department permits and approvals, if any, which shall be obtained by the Department) required to conduct activities required under this Agreement. Page 3 of 13 3. The City will construct, supervise and inspect all aspects of the Project construction. 4. The City shall submit quarterly progress cent ofreports workthe completedDepartment andidentifying mmary of nature of the work performed, the estimatedp payment(s) made for the Project. SECTION VIII City's Maintenance Responsibilities Upon completion of this project, the City shall be solely responsible for maintaining the stormwater management system. Monthly inspections during the heavy rainfall season should be conducted to ensure the system is working at optimum performance. System cleaning should be conducted at the discretion of the City's Maintenance Engineer. SECTION IX City Event of Default 1. Without limitation, the failure by the City to substantially fulfill any material obligation in accordance with this Agreement, unless justified by Force Majeure, shall constitute a "City Event of Default." 1. If a City Event of Default should occur, the Department shall have the following rights and remedies which it may exercise singly or in combination: a. The right to declare that this Agreement together with all rights granted to the City hereunder are terminated, effective upon such date as is designated by the Department provided that Notice to the City to cure is given and the City fails to cure the default within fifteen (15) days of the breach. b. Any and all rights provided under federal laws and the laws of the State of Florida. SECTION X Department Event of Default 1. In addition to the Department' s Financial Obligation, without limitation, the failure by the Department to substantially fulfill any material obligation in accordance with this Agreement, unless justified by Force Majeure, shall constitute a "Department Event of Default." 2. If a Department Event of Default should occur, the City shall have all of the following rights and remedies which it may exercise singularly or in combination: Page 4 of 13 a. The right to declare that this Agreement together with all rights granted to the Department hereunder are terminated, effective upon such date as is designated by the City provided that Notice to the fit to breachetis given and the City fails to cure the default within fifteen (15) days o b. Any and all rights provided under federal laws and the laws of the State of Florida. SECTION XI General Provisions 1. Termination. Either party may terminate this Agreement without cause by providing sixty (60) days prior written notice of intent to terminate to the other party. The Department shall be entitled to reimbursement of monies paid tooutCity cause in the by the event of termination for cause by the Department or termination y. Reimbursements due to the Department shall be based upon the percent of the Project not yet completed. 2. Prior A eements Amendment to � ree �n representationshis irior t modifications ations contains the entire agreement between the parties, and Y concerning this Agreement shall be of no force or effect. dulyThis ecue d by the parties orithe r fied, altered or amended only by a written amendment representatives. Nothing in this Agreement shall prevent the City from securing contracts necessary to complete the Project. 3. Fleadinas. Captions and headings in this Agreementfor ease the meaning or ence only and do not constitute a part of this Agreement andshall not interpretation of any provisions herein. 4. Notices and A royal. Notice to either fmust homiven it isin intended,ting b at the certified lace for return receipt requested, addressed to the party giving of notice in compliance with the provisionsthis iparagr aphf. For the present, the parties designate the following as the respective places fg FLORIDA DEPARTMENT OF TRANSPORTATION District Secretary Florida Department of Transportation 1000 N.W. 111 Avenue Miami, Florida 33172 CITY OF MIAMI City Manager City of Miami 3500 Pan American Drive page 5 of 13 Miami, FL 33133 With Copies to: City Attorney City of Miami 444 S.W. 2nd Ave Miami, FL 33130 Department of Capital Improvements City of Miami 444 S.W. 2nd Ave Miami, FL 33130 5. Performance by Parties. Except as otherwise provided in this Agreement, in the event of any dispute arising over the provisions of this Agreement, the parties shall proceed with the timely performance of their obligations during the pendency of any legal or other similar proceedings to resolve such a dispute. 6. Rights of Others; Nothing in this Agreement, express or implied, is intended to confer upon any person other than the parties hereto any rights or remedies under or by reason of this Agreement. 7. Compliance with Laws. This Agreement shall be governed by and construed in accordance with the laws of the State of Florida. The City and the Department agree to submit to service of process and jurisdiction of the State of Florida for any controversy or claim arising out of or relating to this Agreement or a breach of this Agreement. Venue for any court action between the parties for any such controversy arising from or related to this Agreement shall be in Miami -Dade County, Florida. 8. Severability. The invalidity of one or more of the phrases, sentences, clauses, or Sections contained in this Agreement shall not affect the validity of the remaining portion of the Agreement, provided the material purposes of this Agreement can be determined and effectuated. 9. Waiver. There shall be no waiver of any right related to this Agreement unless in writing signed by the party waiving such right.No deconstruedo exercise a to t under this Agreement shall impair such right or shall beonstrued to bea waiver thereof. Any waiver shall be limited to the particular right waived, and shall not be deemed a waiver of the same right at a later time, or of any other right under this Agreement. 10. Attornev's Fees. If either party to this Agreement is required to initiate litigation to enforce any term or condition of this grea ent, the t both a cirrevailing party shall be entitled to a cuit court and appellate level, from reimbursement of attorney's fees andcosts, the other party. Page 6 of 13 11. Contractual Indemnity. The City and State hereby indemnify, defend, save and hold each other harmless from all claims, demands, liabilities and suits of any nature whatsoever arising out of, because of, or due to the breach of this Agreement by them, their agents or employees, subject to statutory limitations. It is specifically understood and agreed that this indemnification clause does not cover or indemnify the parties for their own negligence or breach of contract. The parties recognize and accept 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). (b) It is unlawful for the Board of County Commissioners to expend or contract for the expenditure in any fiscal year more that the amount budgeted in each fund' s budget, 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 party in the performance of services required under this Agreement, that party will immediately forward the claim to the other party. Each party will evaluate the claim and report its finding to each other within fourteen (14) working days and will jointly discuss options in defending the claim. Page 7 of 13 [SPACE LEFT INTENTIONALLY BLANK.] Page 8 of 13 IN WITNESS WHEREOF, the City has caused this Agreement to be executed in its name by the City Manager or his designee, attested by the City Clerk; and, the Department has caused this Agreement to be executed in its nf the Dehe District Secretary and attested by the Executive pe by tartrnent to be hereto attached, all on the day and year Secretary and has caused the seal of first written above. ATTEST: CITY OF MIAMI, FLORIDA, a Florida municipal corporation By: By: City Clerk City Manager APPROVED AS TO FORM AND CORRECTNESS: By: City Attorney FLORIDA DEPARTMENT OF TRANSPORTATION By: By: Executive Secretary District Secretary APPROVED AS TO FORM AND LEGAL SUFFICIENCY: By: District General Counsel Page 9 of 13 Exhibit A JOINT PARTICIPATION. AGREEMENT CITY OF MIAMI AND THE FLORIDA DEPARTMENT OF TRANSPORTATION Stormwater Improvements Project SW 6th Street (Intersection with SW 64th Court) SW 64th Court (from SW 8th Street to SW 6th Street) Project Description February 12, 2004 1.0 Introduction Currently there exists a major flooding problem in the area of the City of Miami (City) near SW 64th Court from SW 8th Street to SW 6th Street. Since there is some contribution of stormwater runoff from the SW 8 Street right of way towards this area, the City has sought the cooperation of the Florida Department of Transportation (Department) for drainage improvements in this area. The flooding problems associated with these improvements lie in the City's jurisdiction. Within the last two (2) to three (3) years, the Department placed additional inlets and French drain to help the low-lying areas within this project site, but due to the poor exfiltration in the area, the area still floods during heavier rainfall events. The purpose of the Project is to assist the City of Miami in reducing the flooding conditions for the SW 64th Court from SW 8th Street to SW 6th Street that occurs during heavy rainfall events (5- year frequency or less). The Project area for the subject JPA includes the area along SW 64th Court between SW 8th Street and SW 6th Street, welDe las improvements artment propose to ong SW 6th remove andStreet in the replace the intersection of SW 64th Court. The City and the p existing stormwater management system in this area with new inlets and exfiltration trenches to reduce the volume of runoff, catch debris, and treat the runoff within the exfiltration trenches. This project will serve as an initial improvement for the area since the ultimate Master Plan for the area, being implemented by the City in phases, entails the addition of pump stations and new drainage systems for the entire area. The proposed pump stations eventually outfall to the C-4 (Tamiami Canal) Canal. Due to the duration in completing the construction of the Master Plan, these initial improvements will providesome relief from flooding for the residences along SW 64th Court between SW 8thtreet and SW 6} Street, as well as improvements along SW 6th Street in the intersection of SW 64thCourt. Once the Master Plan project for the area is completed, the system proposed via this JPA will connect to the Master Plan system and further benefit the surrounding areas with added flood control measures. 2.0 Tasks The following tasks are delineated regarding the proposed Project: Task 1 Developing Drainage Plan (Department) Page 10 of 13 The Florida Department of Transportation's District -wide Drainage Design and Plans Review Consultant (A.D.A. Engineering, Inc.) will coordinate with the City of Miami, the City's Consultant (T.Y. LIN International/H.J. Ross) and the Department to produce plans in order to expedite this project completion. Upon completion and approval of the drainage improvement plans, the signed and sealed plans will be submitted by the Department to the City for incorporation into the Master Plan set as an additional set of plans. Task 2 Removing Existing Drainage System (City's Contractor) The contractor for the City will remove the existing drainage system for the SW 64th Court area as well as part of the SW 6th Street area. It is assumed that the City will procure construction services such that these drainage improvements are constructed first for the area of SW 64th Court. Task 3 Constructing New Drainage System (City's Contractor) At completion of Task 2, the City's contractor will furnish and install new drainage inlets, pipes and exfiltration trench as specified in the drainage plan. The contractor will also connect the proposed system to the existing system on SW 6th Street as shown on the plans. Task 4 Managing Construction (City andlor its Consultant) It is the responsibility of the City to ensure that the proposed drainage system is constructed as per the drainage/construction plans provided by the Department. 3.0 Schedule The duration of this project is approximately 6 months beginning with the date of execution of the Agreement. Task 1 is almost done as the drainage plan has been completed by the Department's consultant. The plan is to be reviewed by the City. The duration for the construction portion of the work (Tasks 2 and 3) should be completed within 6 months. The duration of Task 4 is concurrent with Tasks 2 and 3. Project status meetings (i.e., face-to-face andlor telephone conference calls) will be conducted on an as -needed basis with representatives from the City, the Department, and their respective consultants/contractors. 4.0 Staffing Staffing for the design portion of this Project is to be provided by the Department and its consultants. Staffing for the construction and construction management are to be provided by the City's staff and its consultants and/or contractors. Key personnel for this Project are to be identified by the parties before the Project work begins. 5.0 Cost Page 11 of 13 See Exhibit B for the Project Cost Estimate. Page 12 of 13 Exhibit B JOINT PARTICIPATION AGREEMENT CITY OF MIAMI AND THE FLORIDA DEPARTMENT OF TRANSPORTATION Stormwater Improvements Project SW 6th Street (Intersection with SW 64th Court) SW 64th Court (from SW 8th Street to SW 6th Street) Project Cost Estimate February 11, 2004 A.D.A. Engineering, Inc. JILConsulting Engineers & Planners City of Miami Drainage District Contract C-8305 FM No. 41143313201 Task Order 15 CONSTRUCTION COST ESTIMATE Mobilization Barricade Type I ( Assume 31 CD In Place) Construction Signs ( Assume 31 CD In Place) Mill Existing Asphalt* Roadway Pavement Restoration* Remove Existing Pavement Remove Existing Pavement Markings Re -Stripe Area Type D4 Inlet (assume D3 >10' Deep) Type D5 MH (assume J-7T) 24" French Drain (assume @ -6) 18" FD Pipe (assume @ -6) Driveway Restoration ( 7@Assume 14'x12') Stamped Conc. Driveway Rest. ( 1@Assume 14'x12') Sodding To Match Existing Tree Relocation >12" Manhole Removal Traffic Plates Contingency (10%) 1.00 960.00 465.00 3000.00 3000.00 50.00 25.00 750.00 10.00 1.00 725.00 354.00 131.00 20.00 970.00 2.00 1.00 300.00 DATE: LS EA/Day EA/Day SY SY SY LF LF EA EA LF LF SY SY SY EA EA EA/Day LS 11401 SW 40th Street, Suite 470 Miami, F133165 Phone:(305)-551-4608 Fax: (305)-551-8977 wtwv,a 1aenzineerin5.com 10/27/2003 $2,500.00 $0.37 $1.00 $4.00 $18.00 $12.00 $1.75 $0.86 $1,828.00 $2,840.00 $61.00 $56.00 $18.00 $200.00 $3.00 $228.00 $220.00 $7.00 Total Project Cost: Total FDOT Contribution via JPA: Project cost for City of Miami: Note: The Project Cost Estimate includes only construction costs, which are Tasks 2-3, not Tasks 1 and 4. $500.00 $355.20 $465.00 $12,000.00 $54,000.00 $600.00 $43.75 $645.00 $18,280.00 $2,840.00 $44,225.00 $19,824.00 $2,358.00 $4,000.00 $2,910.00 $456.00 $220.00 $2,100.00 S165,821.95 $16,582.20 $182,404.15 $85,000.00 $97,404.15 Page 13 of 13