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HomeMy WebLinkAboutExhibit 8NW 'llth Place 3 111ER-DR City of Miami Transportation Enhancement Program (TEP) North Spring Garden Greenway/ East Allapattah Greenway 0 0.02 0.04 0.08 0.12 0.16 Miles Legend North Spring Garden Greenway/ East Allapattah Greenway FOOT FM NO. 4166081 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION LOCAL AGENCY PROGRAM AGREEMENT EXHIBIT "B" SCHEDULE OF FUNDING 525.010-00 PROJECT MANAGEMENT OFFICE 05/06 Page CITY OF MIAMI, FLORIDA ATTN: Department of Capital Improvements 444 SW 2 d Avenue, 8th Floor Miami, FL 33130 FPN: PROJECT DESCRIPTION Name: North SDrina Garden Greenwav/East Allapattah Greenway Termini: NW 7th Street and NW 7`h street/road to NW North River Drive and NW 11th Place Length: 3104 LE TYPE OF WORK By Fiscal Year FUNDING (1) TOTAL PROJECT FUNDS (2) AGENCY FUNDS (3) STATE & FEDERAL FUNDS Planning 2006-2007 2007-2008 2008-2009 Total Planning Cost Project Development & Environment (PD&E) 2006-2007 2007-2008 2008-2009 Total PD&E Cost Design 2006-2007 2007-2008 2008-2009 Total Design Cost $377,800.00 $377,800.00 Right -of -Way 2008-2007 2007-2008 2008-2009 Total Right -of -Way Cost Construction 2006-2007 2007-2008 2008-2009 2009-2010 Total Construction Cost $54,000.00 $54,000.00 $1,000,000.00 $1,000,000.00 $2,625,710.00 Construction Engineering and Inspection (CEI) 2006-2007 2007-2008 2008-2009 Total CEI Cost Total Construction and CEI Costs $73,200.00 $73,200,00 TOTAL COST OF THE PROJECT $4,130,710.00 $3,130,710,00 $1,000,000.00 The Department's fiscal year begins on July 1. For this project, funds are not projected to be available until after the 1st of July of each fiscal year. The Department will notify the Agency, in writing, when funds are available. STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION LOCAL AGENCY PROGRAM AGREEMENT EXHIBIT "D" ALTERNATIVE PAY METHOD Paragraph 6.00 is expanded by the following: 525-010-40 PROJECT MANAGEMENT OFFICE 09106 Page The Department will pay to the Agency, after receipt of an invoice, an amount equal to the invoice received by the Agency from the Agency's contractor(s) or consultant(s). All invoices received from the Agency shall clearly separate the cost to the contractor(s) or consultant(s) from the Agency's cost billed to the Department. All of the Agency's invoiced costs must have been incurred by the Agency prior to the date of the invoices. All invoices submitted to the Department must provide complete documentation, including a copy of the contractor's or consultant's invoice(s), to substantiate the cost on the invoice. The Agency must certify on each invoice that the costs from the contractor(s) or consultant(s) are valid and have been incurred by the contractor(s) or consultant(s). Each monthly invoice subsequent to the first invoice from the Agency must contain a statement from the Agency that the previous month's cost incurred by the contractor(s) or consultants(s) has been paid by the Agency to the contractor(s) or consultant(s). Date Advance Payment Approval Received from FOOT Comptroller STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION LOCAL AGENCY PROGRAM AGREEMENT EXHIBIT "L" LANDSCAPE MAINTENANCE AGREEMENT (LMA) Paragraph 13.14 is expanded by the following: The Department and the Agency agree as follows: 525-010-40 PROJECT MANAGEMENT OFFICE 08/06 Page 1. Until such time as the project is removed from the project highway pursuant to paragraphs 3 and 5 of this LMA, the Agency shall, at all times, maintain the project in a reasonable manner and with due care in accordance with all applicable Department guidelines, standards, and procedures hereinafter called "Project Standards.' Specifically, the Agency agrees to: a) Properly water and fertilize all plants, keeping them as free as practicable from disease and harmful insects; b) Properly mulch plant beds; c) Keep the premises free of weeds; d) Mow and/or cut the grass to the proper length; e) Properly prune all plants which responsibility includes removing dead or diseased parts of plants and/or pruning such parts thereof which present a visual hazard for those using the roadway; and f) Remove or replace dead or diseased plants in their entirety, or remove or replace those plants that fall below original Project Standards. The Agency agrees to repair, remove or replace at its own expense all or part of the project that falls below Project Standards caused by the Agency's failure to maintain the same in accordance with the provisions of this LMA. In the event any part or parts of the project, including plants, has to be removed and replaced for whatever reason, then they shall be replaced by parts of the same grade, size, and specification as provided in the original plans for the project. Furthermore, the Agency agrees to keep litter removed from the project highway. 2. Maintenance of the project shall be subject to periodic inspections by the Department. In the event that any of the aforementioned responsibilities are not carried out or are otherwise determined by the Department to not be in conformance with the applicable Project Standards, the Department, in addition to its right of termination under paragraph 4(a), may at its option perform any necessary maintenance without the need of any prior notice and charge the cost thereof to the Agency. 3. It is understood between the parties hereto that any portion of or the entire project may be removed, relocated or adjusted at any time in the future as determined to be necessary by the Department in order that the adjacent state road be widened, altered or otherwise changed to meet with the future criteria or planning of the Department. The Agency shall be given notice regarding such removal, relocation or adjustment and shall be allowed 60 days to remove ail or part of the project at its own cost. The Agency will own that part of the project it removed. After the 60-day removal period, the Department will become the owner of the unresolved portion of the project, and the Department then may remove, relocate or adjust the project as it deems best, with the Agency being responsible for the cost incurred for the removal of the project. 4. This LMA may be terminated under any one of the following conditions: a) By the Department, if the Agency fails to perform its duties under this LMA following 15 days' written notice; or STATE OF FLORIDA QEPARTMENT OF TRANSPORTATION LOCAL AGENCY PROGRAM AGREEMENT EXHIBIT "L" (continued) LANDSCAPE MAINTENANCE AGREEMENT (LMA) 525-010-40 PROJECT MANAGEMENT OFFICE OMB Page b) By either party following 60-calendar days' written notice. 5. In the event this LMA is terminated in accordance with paragraph 4 hereof, the Agency shall have 60 days after the date upon which this LMA is effectively terminated to remove all or part of the remaining project at its own cost and expense. The Agency will own that part of the project it removed. After the 60-day removal period, the Department then may take any action with the project highway or all or part of the project it deems best, with the Agency being responsible for any removal costs incurred. 6. This LMA embodies the entire agreement and understanding between the parties hereto, and there are no other agreements or understandings, oral or written, with reference to the subject matter hereof that are not merged herein and superseded hereby. 7. This LMA may not be assigned or transferred by the Agency, in whole or in part, without consent of the Department. B. This LMA shall be governed by and construed in accordance with the laws of the State of Florida. 9. All notices, demands, requests or other instruments shall be given by depositing the same in the U.S. mail, postage prepaid, registered or certified with return receipt requested: a) If to the Department, addressed to: or at such other address as the Department may from time to time designate by written notice to the Agency; and b) If to the Agency, addressed to: City of Miami Department of Capital Improvements 444 SW 2nd Ave., Miami, FL 33130 or at such other address as the Agency may from time to time designate by written notice to the Department. 10. This LMA, if attached as an exhibit to the Agreement, forms an integral part of the Agreement between the parties dated All time limits provided hereunder shall run from the date of receipt of all such notices, demands, requests, and other instruments. STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION LOCAL AGENCY PROGRAM AGREEMENT EXHIBIT "R" ADVANCE PROJECT REIMBURSEMENT Paragraph 2.02, second and third sentences are deleted and the following substituted: 525-010-40 PROJECT MANAGEMENT OFFICE 06106 Page This Agreement shall continue in effect and be binding on all parties until the project is completed, any subsequent litigation is complete and terminated, final costs are known, and legislatively appropriated reimbursements, if approved, are made by the Department. Paragraph 7.00, first sentence is deleted and the following substituted: The Department agrees to reimburse the Agency in accordance with Section 339.12, Florida Statutes, an amount not to exceed the total cost specified in paragraph 3.01 beginning in the Department's Fiscal Year . If the funding is from the Federal Highway Administration (FHWA), the payment will be made in a lump sum in the year(s) the project is scheduled in the Department's Work Program as of the date of this Agreement. If the FHWA funding is programmed in the Department's Adopted Work Program over a multi -year period, an annual amount equal to the amount programmed will be reimbursed in each of these years. If the project is for resurfacing, is estimated over $2,000,000 and is state -funded, payments will be made in 6 equal quarterly payments beginning in the year the project was originally programmed. For all other state -funded construction contracts estimated over $2,000,000, payments will be made in 10 equal quarterly payments beginning in the year the project was originally programmed. All payments will be made in accordance with paragraph 6.00 of this Agreement. If there is a required local match of the non-federal share, the reimbursement will be reduced by the required amount. The Department further agrees to request appropriation of said amounts from the Legislature prior to each fiscal year in question. STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION LOCAL AGENCY PROGRAM AGREEMENT EXHIBIT "RL" ROADWAY LIGHTNING MAINTENANCE AGREEMENT (RLMA) Paragraph 13.14 is expanded by the following: 525-010-40 PROJECT MANAGEMENT OFFICE 08/06 Page 1. a) The Agency shall, at its sole cost and expense, maintain the existing or about to be installed roadway lighting system throughout its expected useful life unless and until this exhibit is superseded by a State Highway Maintenance and Compensation Agreement. b) In maintaining the roadway lighting system, the Agency shall perform all activities necessary to keep the roadway lighting system fully and properly functioning, with a minimum of 90% lights burning for any lighting type (e.g., high mast, standard, under deck, sign) or roadway system at all times for their normal expected useful life in accordance with the original design thereof, whether necessitated by normal wear and tear, accidental or intentional damage or acts of nature. Said maintenance shall include, but not limited to, providing electrical power and paying all charges associated therewith, routine inspection and testing, preventative maintenance, emergency maintenance, replacement of any component parts of the facilities (including the poles and any and all other component parts installed as part of the facilities), and the locating (both vertically and horizontally) of the facilities as may be necessary. c) All maintenance shall be in accordance with the provisions of the following: (1) Manual of Uniform Traffic Control Devices (MUTCD); and (2) All other applicable local, state or federal laws, rules, resolutions or ordinances and Department procedures. 2. Record Keeping The Agency shall keep records of all activities performed pursuant to this RLMA. The records shall be kept in such format as is approved by the Department. 3. Default In the event that the Agency breaches any of the provisions above, then in addition to any other remedies which are otherwise provided for in this Agreement, the Department may exercise one or more of the following options, provided that at no time shall the Department be entitled to receive double recovery of damages: a) Pursue a claim for damages suffered by the Department or the public. b) Pursue any other remedies legally available. c) As to any work not performed by the Agency, perform any work with its own forces or through contractors and seek reimbursement for the cost thereof from the Agency, if the Agency fails to cure the non-performance within 14 calendar days after written notice from the Department; however, that advance notice and cure shall not be preconditions in the event of an emergency. STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION LOCAL AGENCY PROGRAM AGREEMENT EXHIBIT "RL" (continued) ROADWAY LIGHTNING MAINTENANCE AGREEMENT (RLMA) 525-010-40 PROJECT MANAGEMENT OFFICE 08/06 Page 4. Force Majeure Neither the Agency nor the Department shall be liable to the other for any failure to perform under this exhibit to the extent such performance is prevented by an act of God, war, riots, natural catastrophe or other event beyond the control of the non -performing party and which could not have been avoided or overcome by the exercise of due diligence, provided the party claiming the excuse from performance has: a) Promptly notified the other party of the occurrence and its estimate duration, b) Promptly remedied or mitigated the effect of the occurrence to the extent possible, and c) Resumed performance as soon as possible. 5. Miscellaneous a) The parties understand and agree that the Department has manuals and written policies and procedures which shall be applicable at the time of the project and the relocation of the facilities and except that the Agency and the Department may have entered into joint agreements for utility work to be performed by a contractor. To the extent that such a joint agreement exists, this exhibit shall not apply to facilities covered by the joint agreement. Copies of Department manuals, policies, and procedures will be provided to the Agency upon request. b) Time is of the essence in the performance of all obligations under this RLMA.