Loading...
HomeMy WebLinkAboutExhibit 1Contract # LOCAL FUNDS REIMBURSABLE JOINT PARTICIPATION AGREEMENT BETWEEN STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION AND CITY OF MIAMI THIS AGREEMENT is made and entered into this day of , 2005, 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, hereinafter referred to as the `CITY'. RECITALS: WHEREAS, the DEPARTMENT is authorized to enter into contractual agreements with governmental entities in accordance with Section 334.044(7), Florida Statutes, and is required, pursuant to Section 339.135, Florida Statutes, to adopt a five-year work program prior to the beginning of each Fiscal Year (`FY'), with the Fiscal Year beginning on July 1 of each calendar year and ending June 30 of the following calendar year; and WHEREAS, the DEPARTMENT has an existing design and construction project on Biscayne Boulevard (State Road 5/U.S.-1) from NE 13th Street to NE 38th Street, programmed under Financial Project Number 414624-1-52-01, the construction funding of which is allocated in FY 2007/08; and WHEREAS, the DEPARTMENT split out a portion of this larger project, specifically for the one - block section of Biscayne Boulevard from NE 14th to NE 15th Streets, programmed under Financial Project Numbers 414624-2-58-01 (non -budgeted) and 414624-2-A8-01 (reimbursement phase) and hereinafter referred to as the `PROJECT', and, as described in the attached Exhibit "A", `Scope of Services', which is incorporated herein by reference; and WHEREAS, in order to expedite completion of the PROJECT in advance of the DEPARTMENT's 2005/06-2009/10 Five -Year Adopted Work Program, the CITY shall administer PROJECT design and construction and provide financial assistance for the PROJECT in the current FY 2005/06, in accordance with Section 339.12, Florida Statutes; and WHEREAS, the DEPARTMENT shall reimburse the CITY for eligible incurred PROJECT expenses in future FY 2007/08, subject to the terms contained herein; 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: Page 1 of 8 Local Funds Reimbursable Joint Participation Agreement between the Florida Department of Transportation and the City of Miami, Financial Project Numbers 414624-2-58-01 and 414624-2-A8-01 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 submit this Agreement to its City Commission for ratification or approval by Resolution. A copy of said Resolution is attached hereto as Exhibit "B", 'City Resolution', and is incorporated herein by reference. b. The CITY will provide financial assistance for PROJECT design and construction in the current FY 2005/06 and in accordance with Section 339.12, Florida Statutes, c. The DEPARTMENT will provide the CITY with the existing PROJECT survey data, initial drainage analysis and any engineering or other information currently available as a work product of the DEPARTMENT's consultant contract with Keith and Schnars, P.A., for the larger Biscayne Boulevard project. d. The CITY will assign one of its transportation and transit design firms to complete 100% construction plans for the PROJECT in coordination with the DEPARTMENT, The DEPARTMENT will require review and approval of PROJECT construction plans at the following phases of completion: 60%, 90% and 100%. e. The CITY shall supervise and inspect all aspects of PROJECT construction. £ The CITY shall complete all PROJECT elements in accordance with the DEPARTMENT's `Design Standards' and the `Standard Specifications for Road and Bridge Construction'. g. The CITY shall coordinate the application, payment and receipt of all required DEPARTMENT permits prior to the commencement of PROJECT construction. h. The CITY shall utilize one of its Job Order Contractors for PROJECT construction. i. The DEPARTMENT shall reimburse the CITY in one lump sum payment, in an amount equal to that expended on PROJECT design and construction, excluding costs for PROJECT administration, up to a maximum limiting amount of one million six hundred fifty thousand dollars ($1,650,000.00), for eligible PROJECT costs in future Fiscal Year 2007/08; and 3. FINANCIAL PROVISIONS a. Eligible PROJECT costs may not exceed one million six hundred fifty thousand dollars ($1,650,000.00), as outlined in Exhibit "A", `Scope of Services'. If additional funding is required, contingent upon DEPARTMENT approval, a supplemental agreement between the DEPARTMENT and the CITY authorizing the additional DEPARTMENT funding shall be executed prior to such costs being incurred. Page 2 of 8 Local Funds Reimbursable Joint Participation Agreement between the Florida Department of Transportation and the City of Miami, Financial Project Numbers 414624-2-58-01 and 414624-2-A8-01 b. The DEPARTMENT agrees to pay the CITY for the herein described services at a 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 State Comptroller under Section 215.422(14), Florida Statutes, or by the Department's Comptroller under Section 334.044(29), Florida Statutes. 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 three years after final payment is made. Copies of these documents and records shall be fumished to the DEPARTMENT upon request. Records of costs incurred includes the CITY' s general accounting records and the project records, together with supporting documents and records, of the contractor and all subcontractors performing work on the project, and all other records of the contractor and subcontractors considered necessary by the DEPARTMENT for a proper audit of costs. g. Nothing in this Agreement shall be construed to violate the provisions of Section 339.135 (6) (a), Florida Statutes, 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 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. h. The DEPARTMENT's obligation to pay is contingent upon an annual appropriation by the Florida Legislature. i. The DEPARTMENT agrees to reimburse the CITY in accordance with Section 339.12, Florida Statutes. The CITY will not invoice the DEPARTMENT until after July 1 in the fiscal year(s) the PROJECT is scheduled in the DEPARTMENT's Work Program as of the date of execution of the Agreement. After receipt of a properly documented invoice, the payment(s) will be made to the CITY as follows: Page 3 of 8 Local Funds Reimbursable Joint Participation Agreement between the Florida Department of Transportation and the City of Miami, Financial Project Numbers 414624-2-58-01 and 414624-2-48-01 Lump sum, up to the amount of costs incurred after the execution of the Agreement, in the year(s) the PROJECT is scheduled in the DEPARTMENT's Work Program as of the date of execution of the Agreement (federally funded projects or projects estimated at two (2) million dollars or less). 4. INDEMNIFICATION To the extent permitted by Section 768.28, Florida Statutes, the parties agree to indemnify each other for liability due to any act or 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 Section be construed to require either party to indemnify the other for the negligent acts of the other. 5. GOVERNING LAW This Agreement shall be governed and construed in accordance with the laws of the State of Florida. 6. AMENDMENT This Agreement may be amended by mutual agreement of the DEPARTMENT and the CITY expressed in writing, executed and delivered by each party. 7. 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. 8. 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: b. To DEPARTMENT: Florida Department of Transportation 1000 Northwest 111 Avenue, Room 6137 Miami, Florida 33172-5800 Attn: Kenneth Robertson, JPA Coordinator Ph: (305) 470-5452; Fax: (305) 470-5552 To CITY: City of Miami 444 Southwest Second Avenue Page 4 of 8 Local Funds Reimbursable Joint Participation Agreement between the Florida Department of Transportation and the City of Miami, Financial Project Numbers 414624-2-58-01 and 414624-2-A8-01 Miami, Florida 33130-1910 Attn: Mary Conway, P.E., Capital Improvements and Transportation Director Ph: (305) 416-1027; Fax: (305) 416-1019 c. 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. 9. PROJECT COMPLETION AND EXPIRATION OF AGREEMENT The CITY agrees to complete the PROJECT on or before September 29, 2006. The DEPARTMENT will be reimbursing the CITY for eligible PROJECT costs in a future fiscal year; therefore, this Agreement will expire June 30, 2008, 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. Expiration of this Agreement will be considered termination of the PROJECT. 10. FINAL INVOICE The CITY must submit the final invoice on this PROJECT to the DEPARTMENT not sooner than July 1, 2007, and not later than June 30, 2008. Invoices submitted in advance of July 1, 2007, 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. -REMAINDER OF PAGE INTENTIONALLY LEFT BLANK - Page 5 of 8 Local Funds Reimbursable Joint Participation Agreement between the Florida Department of Transportation and the City of Miami, Financial Project Numbers 414624-2-58-01 and 414624-2-A8-01 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 MANAGER DISTRICT SECRETARY ATTEST: ATTEST: (SEAL) CITY CLERK (SEAL) EXECUTIVE SECRETARY APPROVED AS TO FORM AND LEGAL REVIEW: CORRECTNESS: CITY ATTORNEY DISTRICT GENERAL COUNSEL APPROVED AS TO INSURANCE REQUIREMENTS: CITY RISK MANAGEMENT ADMINISTRATOR Page 6 of 8 Local Funds Reimbursable Joint Participation Agreement between the Florida Department of Transportation and the City of Miami, Financial Project Numbers 414624-2-58-01 and 414624-2-A8-01