HomeMy WebLinkAboutexhibitLOCALLY FUNDED AGREEMENT p' o tt
Between
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
and
CITY OF MIAMI
NE 9TH, 10TH, AND 11TH STREETS
FROM NE 2ND AVENUE TO BISCAYNE BLVD.
THIS AGREEMENT is made and entered into this day of , 2004
between the State of Florida, Department of Transportation, hereinafter referred to as the
`DEPARTMENT', and the City of Miami, a municipal corporation of the State of Florida,
hereinafter referred to as the `CITY'.
WITNESSETH:
WHEREAS, the DEPARTMENT will be constructing a project on SR 5 / Biscayne
Boulevard from NE 5th Street to NE 13th Street, designated as Financial Project ID Number
249835-2-52-01; and
WHEREAS, the CITY intends to convert NE 9th, NE loth, and NE 11th Streets just west
of this segment of Biscayne Boulevard from one-way operation to two-way operation; and
WHEREAS, the CITY has requested that the DEPARTMENT include the work of
converting these three side streets in the construction contract for Biscayne Boulevard, such side
street work hereinafter referred as to the `PROJECT'; and
WHEREAS, the CITY has prepared a set of construction plans for the PROJECT, which
have been designated as DEPARTMENT Financial Project ID Number 249835-2-52-02; and
WHEREAS, the parties agree that it would be more cost and time effective to have the
DEPARTMENT construct the PROJECT; and
WHEREAS, the CITY will provide funding to the DEPARTMENT for the construction
of the PROJECT as described in the attached Exhibit "A"; and
WHEREAS, The DEPARTMENT and the CITY have determined that it would be to the
best interest of the general public to enter into this agreement;
NOW, THEREFORE, in consideration of the mutual covenants contained herein and
other valuable considerations, the receipt and sufficiency of which is hereby acknowledged, the
parties herein agree:
Page 1 of 7
Locally Funded Agreement between the Florida Department of Transportation and the City of Miami, Financial Project ID #249835.2-52-02
1, General Requirements.
a. The DEPARTMENT will construct the PROJECT according to
DEPARTMENT standards and specifications and per the PROJECT plans
provided by the CITY.
b. The PROJECT includes milling, resurfacing, and striping of NE 9th, 10th, and
11th Streets between NE 2nd Avenue and the DEPARTMENT's Biscayne
Boulevard project. Additionally, the signalized intersection of NE 2nd Avenue
and NE 10th Street is proposed to be modified by adding a new mast arm to
accommodate the new westbound traffic.
c. The DEPARTMENT will supervise and inspect all aspects of PROJECT
construction,
d. The CITY shall, by the issuance of a resolution by its Board of City
Commissioners, ratify this Agreement. Such resolution will be hereby
attached to this Agreement as Exhibit "B".
e. The CITY MANAGER or duly authorized designee shall be authorized to act
on behalf of the CITY in all matters pertaining to this Agreement.
2. Financial Provisions.
a. The CITY agrees that it will, at least thirty (30) calendar days prior to the
DEPARTMENT'S advertising the PROJECT for bid, furnish the
DEPARTMENT an advance deposit in the amount of $82,500.00 (Eighty -
Two Thousand Five Hundred Dollars) for full payment of the estimated
PROJECT cost for Locally Funded PROJECT number 249835-2-52-02, The
advance deposit shall be the total estimated PROJECT cost plus allowances
(10% Contingency) as described in the attached Exhibit "A". The
DEPARTMENT may utilize this deposit for payment of the costs of the
PROJECT.
b. The CITY will retain an additional 10% of the estimated construction cost in
an amount not to exceed $7,500, pending approval by the City Manager in the
event additional funds are needed for increased cost.
c. If the accepted bid amount plus allowances is in excess of the advance deposit
amount, the CITY will provide an additional deposit within fourteen (14)
calendar days of notification from the DEPARTMENT or prior to posting of the
accepted bid, whichever is earlier, so that the total deposit is equal to the bid
amount plus allowances. The DEPARTMENT will 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
Page 2 of 7
Locally Funded Agreement between the Florida Department of Transportation and the City of Miami, Financial Project ID #249835-2-52-02
submitted to and approved by the DEPARTMENT'S project manager indicating
when the deposit will be made. The CITY understands the request and approval
of additional time could delay the PROJECT, and additional costs may be
incurred due to a delay of the PROJECT.
d. If the 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 by the
CITY in writing.
e. Should PROJECT modifications or changes to bid items occur that increase
the CITY's share of total PROJECT costs, the CITY will be notified by the
DEPARTMENT accordingly. The CITY agrees to provide, without delay, in
advance of the additional work being performed, adequate funds to ensure that
cash on deposit with the DEPARTMENT is sufficient to fully fund its share of
the PROJECT. The DEPARTMENT shall notify the CITY as soon as it
becomes apparent the actual costs will overrun the award 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 during the PROJECT
and on final accounting as provided herein below. Funds due from the CITY
during the PROJECT not paid within forty (40) calendar days from the date of
the invoice are subject to an interest charge at a rate established pursuant to
Section 55.03, Florida Statutes.
f, 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 the final payment
has been made to the Contractor, not when the construction work is complete.
All PROJECT cost records and accounts 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 the final accounting of total PROJECT costs pursuant
to the terms of this agreement is less than the total deposits to date, a refund of
the excess will be made by the DEPARTMENT to the CITY. If the final
accounting is not performed within three hundred and sixty (360) days, the
CITY is not relieved of its obligation to pay.
g•
In the event the final accounting of total PROJECT costs is greater than the
total deposits to date, the CITY will pay the additional amount within forty
(40) calendar days from the date of the invoice from the DEPARTMENT.
The CITY agrees to pay interest at a rate established pursuant to Section
55.03, Florida Statutes, on any invoice no paid within forty (40) calendar
days until the invoice is paid.
h. The payment of funds under this Locally Funded Agreement will be made
directly to the DEPARTMENT for deposit.
Page 3 of 7
Locally Funded Agreement between the Florida Department of Transportation and the City of Miami, Financial Project ID 4249835-2-52-02
3. Indemnification. To the extent permitted by Section 768.28, Florida Statutes, the
parties agree to indemnify each other for liability due to any act of omission, neglect
or wrongdoing of a party or any of its officers, agents or employees. Further, the
parties agree to defend each other against any and all such claims or demands which
may be claimed and have arisen as a result of or in connection with the parties'
participation in this Agreement. Nothing contained herein shall be construed to
contradict the provisions of Section 768.28, Florida Statutes, nor shall this Article be
construed to require either party to indemnify the other for the negligent acts of the
other.
4. Governing Law. This agreement shall be governed and construed in accordance
with the laws of the State of Florida.
5. Separability. 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 the applicable law.
6. 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
shall be sent either by registered or certified U.S. mail, return receipt
requested, postage prepaid, or by electronic mail (e-mail) as described below
in paragraph 6.c, addressed to the party to receive such notices as follows:
To DEPARTMENT: Florida Department of Transportation
1000 Northwest 111 Avenue, Room 6137
Miami, Florida 33172-5800
Attn: Kenneth Robertson, JPA Coordinator
To CITY:
Phone: (305) 470-5452
Fax: (305) 470-5552
City of Miami
444 S.W. 2"d Avenue, 10th Floor
Miami, Florida 33130-1910
Attn: Director of Transportation and CIP
Phone: (305) 416-1017
Fax: (305) 416-1019
Federal Employer ID # (FEIN):
596000375
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.
Page 4 of 7
Locally Funded Agreement between the Florida Department of Transportation and the City of Miami, Financial Project ID #249835-2-52-02
c. Electronic mail (e-mail) communications to and from the DEPARTMENT
regarding this Agreement, return receipt requested, are acceptable if addressed
to or received from the two e-mail addresses below listed. Changes to these e-
mail addresses, if any, shall be issued by the DEPARTMENT to the CITY in
writing:
1. JPA Coordinator: Kenneth.Robertson@dot.state.fl.us
2. Project Manager: Yuanet.Letzelter(cz�dot.state.fl.us
7. Entire Agreement. This Locally Funded 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.
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 MANAGER DISTRICT SECRETARY
ATTEST: ATTEST:
(SEAL) CITY CLERK (SEAL) EXECUTIVE SECRETARY
LEGAL REVIEW:
CITY ATTORNEY DISTRICT GENERAL COUNSEL
RISK MANAGEMENT REVIEW:
Risk Management Administrator
Page 5 of 7
Locally Funded Agreement between the Florid Department of Transportation and the City of Miami, Financial Project ID #249835-2-52-02
EXHIBIT "A"
1. Project Description:
Two-way conversion of NE 9th, NE 10th, and NE 11th Streets from NE 2" Avenue to Biscayne
Boulevard.
Project Limits; From NE 2" d Avenue to Biscayne Blvd.
FDOT Financial Project ID: 249835-2-52-02
County: Miami -Dade
FDOT Project Manager: Yuanet P. Letzelter, P.E.
2. Project Funding:
The amount shown below is the current cost estimate of the PROJECT:
Description Amount
Construction Cost: $75,000.00
Contingency (10%); $7,500.00
Subtotal $82,500.00
Additional Contingency (10%) $7,500.00
TOTAL: $90,000.00
Page 6 of 7
Locally Funded Agreement between the Florida Department of Transportation and the City of Miami, Financial Project ID #249835-2-52-02
Exhibit "B"
CITY RESOLUTION
Page 7 of 7
Locally Funded Agreement between the Florida Department of Transportation and the City of Miami, Financial Project ID #249835-2-52-02