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HomeMy WebLinkAboutPre Legislation & Pre ExhibitCity of Miami Legislation Resolution: R-09-0534 City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File Number: 09-01106 Final Action Date:12/10/2009 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE A LOCALLY FUNDED AGREEMENT, AND A MAINTENANCE MEMORANDUM OF AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORMS, WITH THE FLORIDA DEPARTMENT OF TRANSPORTATION, FOR THE INSTALLATION OF DECORATIVE PEDESTRIAN CROSSWALKS ALONG STATE ROAD 5/BRICKELL AVENUE FROM SOUTH OF SOUTHEAST 25TH ROAD TO SOUTHEAST 5TH STREET, MIAMI, FLORIDA; ALLOCATING FUNDS, FOR THE CITY OF MIAMI'S REQUIRED CONTRIBUTION, IN THE AMOUNT OF $22,308, FROM DISTRICT 2 QUALITY OF LIFE FUNDS. WHEREAS, the Florida Department of Transportation ("FDOT") has jurisdiction over and maintains the State Road 5/Brickell Avenue Corridor within the limits of the City of Miami ("City"); and WHEREAS, the City has requested the FDOT to install decorative pedestrian crosswalks along State Road 5/Brickell Avenue south of Southeast 25th Road to Southeast 5th Street, Miami, Florida; and WHEREAS, the FDOT has agreed to install said crosswalks under the terms and conditions set forth in the Locally Funded Agreement, and Maintenance Memorandum of Agreement (collectively the "Agreements"), in substantially the attached forms; NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. The recitals and findings contained in the Preamble to this Resolution are adopted by reference and incorporated as if fully set forth in this Section. Section 2. The City Manager is authorized{1} to execute Agreements, in substantially the attached forms, with the FDOT, for the installation of decorative pedestrian crosswalks along State Road 5/Brickell Avenue south of Southeast 25th Road to Southeast 5th Street, Miami, Florida. Section 3. Funds for the City's required contribution, in the amount of $22,308, are allocated from District 2 Quality of Life Funds. Section 4. This Resolution shall become effective immediately upon its adoption and signature of the Mayor.{2} City ofMiami Page 1 of 2 Printed On: 1/25/2010 File Number: 09-01106 Enactment Number: R-09-0534 Footnotes: {1} The herein authorization is further subject to compliance with all requirements that may be imposed by the City Attorney, including but not limited to those prescribed by applicable City Charter and Code provisions. {2} If the Mayor does not sign this Resolution, it shall become effective at the end of ten calendar days from the date it was passed and adopted. If the Mayor vetoes this Resolution, it shall become effective immediately upon override of the veto by the City Commission. City of Miami Page 2 of 2 Printed On: 1/25/2010 LOCALLY FUNDED AGREEMENT THIS I CALJ.-Y FUNDED AGREEMENT (hereinafter `Agreement') is made and entered into this 22 day of 4,t\A.t.r1 , 20/t7 between the CITY OF MIAMI, a municipal corporation of the State of Florida, hereinafter called `CITY', and the STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION a component agency of the State of Florida, hereinafter called the `DEPARTMENT'. RECITALS: WHEREAS, the DEPARTMENT has jurisdiction over and maintains State Road (S.R.) 5/Brickell Avenue corridor within the corporate limits of the CITY; and WHEREAS, the CITY has requested the DEPARTMENT to install decorative pedestrian crosswalks along S.R. 5/Brickell Avenue from south of SE 25th Road to SE 5th Street; and WHEREAS, the DEPARTMENT has agreed to install decorative pedestrian crosswalks along S.R. 5/Brickell Avenue from south of SE 25th Road to SE 5th Street, subject to the terms and conditions detailed in this Agreement; and WHEREAS, the DEPARTMENT and the CITY find it mutually beneficial to allow the CITY to fund the increased costs, under Financial Project Number 412473-1-52-02, associated with the installation of the decorative pedestrian crosswalks along S.R. 5/Brickell Avenue from south of NE 25th Road to SE 5th Street, hereinafter collectively called the `PROJECT', and as detailed in the attached Exhibit "A", "Scope of Services", which is herein incorporated by reference; and WHEREAS, the parties are authorized to enter into this Agreement pursuant to Sections 334.044(7) and 339.12 (2006), Florida Statutes (F.S.), and authorize its officers to do so; Page 1 of 11 Locally Funded Agreement between the City of Miami and the Florida Department of Transportation, Financial Project Number 412473-1-52-02 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: 1. Recitals. The Recitals to this Agreement are true and correct and are incorporated herein by reference and made a part hereof. 2. General Requirements. (a) A true and correct copy of the Resolution of the CITY Commission approving this Agreement is attached hereto as Exhibit "C", 'CITY OF MIAMI RESOLUTION', and is incorporated herein by reference. (b) The DEPARTMENT will administer and construct the PROJECT in accordance with the PROJECT plans and the attached Exhibit "A", `Scope of Services'. The DEPARTMENT will complete the PROJECT utilizing funds provided by the CITY. (c) The CITY will provide funding to the DEPARTMENT in the aggregate amount of TWENTY TWO THOUSAND THREE HUNDRED EIGHT DOLLARS ($22,308.00) for the PROJECT, per the Financial Provisions detailed in Section 3 of this Agreement, and as outlined in the attachment Exhibit "B", "Financial Summary", which is herein incorporated by reference. (d) Upon the receipt, authorization and encumbrance of funding received from the CITY as a result of this Agreement, the DEPARTMENT Contractor will commence work on the PROJECT. (e) The DEPARTMENT Contractor may not commence work on the PROJECT until the CITY funding for the PROJECT is on deposit with the DEPARTMENT. Page2ofll Locally Funded Agreement between the City of Miami and the Florida Department of Transportation, Financial Project Number 412473-1-52-02 3. Financial Provisions. (a) The CITY agrees that it will, no later than thirty (30) calendar days after the DEPARTMENT's execution of this Agreement, furnish the DEPARTMENT an advance deposit in the amount of TWENTY TWO THOUSAND THREE HUNDRED EIGHT DOLLARS ($22,308.00) for full payment of the estimated PROJECT cost for Locally Funded Project Number 412473-1-52-02. The advance deposit shall be the total estimated PROJECT cost plus allowances (ten percent contingency). The DEPARTMENT may utilize this deposit for payment of the costs of the PROJECT. The DEPARTMENT, in consultation with the CITY, shall renegotiate the scope of the work to keep costs within an agreed upon maximum amount prior to the work being done that would increase the costs associated with this PROJECT beyond the advance deposit amount of TWENTY TWO THOUSAND THREE HUNDRED EIGHT DOLLARS ($22,308.00). (b) 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 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 submitted to and approved by the DEPARTMENT's Project Manager Page 3of11 Locally Funded Agreement between the City of Miami and the Florida Department of Transportation, Financial Project Number 412473-1-52-02 indicating when the deposit will be made. The CITY understands the request and approval of the additional time could delay the PROJECT, and additional costs may be incurred due to a delay of the PROJECT. (c) If 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. (d) 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 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.S.). (e) The DEPARTMENT intends to have its fmal 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 final payment has been made to the Contractor, not when the construction work is complete. All PROJECT cost records and accounts Page4ofll Locally Funded Agreement between the City of Miami and the Florida Department of Transportation, Financial Project Number 412473-1-52-02 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 final accounting of total PROJECT costs pursuant to the teiiils of this agreement is less than the total deposit 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 from its obligation to pay. (f) 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 as established pursuant to Section 55.03, F.S., on any invoice not paid within forty (40) calendar days until the invoice is paid. (g) The payment of funds under this Locally Funded Agreement will be made directly to the DEPARTMENT for deposit. (h) . 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." Page 5of11 Locally Funded Agreement between the City of Miami and the Florida Department of Transportation, Financial Project Number 412473-1-52-02 4. Effective Date of this Agreement. This Agreement shall become effective on the date hereof. 5. Provisions Separable. The provisions of this Agreement are independent of and separable from each other, and no provision shall be affected or rendered invalid or unenforceable by virtue of the fact that for any reason any other or others of them may be invalid or unenforceable in whole or in part. 6. Amendment of Agreement. This Agreement may only be amended by mutual agreement of the DEPARTMENT and the CITY, expressed in writing and executed and delivered by each. 7. Notices. All notices, requests, demands and other communications required or permitted under this Agreement shall be in writing and shall be deemed to have been duly given, made and received when delivered (personally, by courier service such as Federal Express, or by other messenger) against receipt or upon actual receipt of registered or certified mail, postage prepaid, return receipt requested, addressed as set forth below: (a) If to the CITY: (b) If to the Department: City of Miami 444 SW 2nd Avenue Miami, FL 33130 Attention: Pedro Hernandez, City Manager Ph: 305-250-5400 Florida Department of Transportation 1000 NW 111 Avenue, Room 6202-B Miami, Florida 33172 Attention: Michelle Loren Meaux, JPA Coordinator Ph: 305-470-5112 Fax: 305-470-5704 Any party may alter the address to which communications or copies are to be sent by giving notice of such change of address in conformity with the provisions of this paragraph for the giving of notice. Page 6 of l l Locally Funded Agreement between the City of Miami and the Florida Department of Transportation, Financial Project Number 412473-1-52-02 8. Entire Agreement. This Agreement, including its attached Exhibits, contain the sole and entire Agreement between the parties with respect to such subject matter and supersede any and all other prior written or oral agreements between them with respect to such subject matter. 9. Binding Effect. This Agreement shall be binding upon the parties and their respective representatives, successors and assigns. 10. Waiver. Waiver by either party of any breach of any provision of this Agreement shall not be considered as or constitute a continuing waiver or a waiver of any other breach of the same or any other provision of this Agreement. 11. Captions. The captions contained in this Agreement are inserted only as a matter of convenience or reference and in no way define, limit, extend or describe the scope of this Agreement or the intent of any of its provisions. 12. Absence of Third Party Beneficiaries. Nothing in this Agreement, express or implied, is intended to (a) confer upon any entity or person other than the parties and their permitted successors and assigns any rights or remedies under or by reason of this Agreement as a third party beneficiary or otherwise except as specifically provided in this Agreement; or (b) authorize anyone not a party to this Agreement to maintain an action pursuant to or based upon this Agreement. 13. Other Documents. The parties shall take all such actions and execute all such documents which may be reasonably necessary to carry out the purposes of this Agreement, whether or not specifically provided for in this Agreement. 14. Governing Law. This Agreement and the interpretation of its terms shall be governed by the laws of the State of Florida, without application of conflicts of law principles. Venue for any Page 7 of 11 Locally Funded Agreement between the City of Miami and the Florida Department of Transportation, Financial Project Number 412473-1-52-02 judicial, administrative or other action to enforce or construe any term of this Agreement or arising from or relating to this Agreement shall lie exclusively in Miami -Dade County, Florida. IN WITNESS WHEREOF, the parties hereto have made and executed this Agreement on the day and year first above written, the CITY OF MIAMI, signing by and through its City Manager, and the STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION, signing by and through its District Secretary, each duly authorized to execute same. STATE OF FLORIDA, DEPARTMENT OF TRANSPORTATION: BY: ATTEST:qto4AATTEST: CITY (SEAL) EXECUTIVE SECRETAk DI 0 CT'SECRETARY CLERK - (SEAL) CITY ATTORNEY RISI 1ANAGEMENT LEGAL REVIEW: DISTRICT CHIEF COUNSE Page 8 of 11 Locally Funded Agreement between the City of Miami and the Florida Department of Transportation, Financial Project Number 412473-1-52-02 EXHIBIT 'A' SCOPE OF SERVICES The DEPARTMENT is installing decorative pedestrian crosswalks along S.R. 5Brickell Avenue from SE 25th Road to SE 5th Street at the following intersections: o Crosswalk at station 68+60+ (includes removal of existing brick pavers) o Crosswalk at station 91+20+ (includes removal of existing brick pavers) PROJECT LIMITS: SR5/Brickell Avenue from south of SE 25th Road to SE 5th Street DEPARTMENT Financial Project Number: 412473-1-52-02 COUNTY: Miami -Dade DEPARTMENT Project Manager: Judy Solaun-Gonzalez, P.E. 305-470-5207 CITY Project Manager: David J. Mendez, P.E., Chief Civil Engineer; 305-416-1200 Page 9 of 11 Locally Funded Agreement between the City of Miami and the Florida Department of Transportation, Financial Project Number 412473-1-52-02 EXHIBIT 'B' FINANCIAL SUMMARY The DEPARTMENT's Work Program allocates the following funding, programmed on Financial Project Number 412473-1-52-02, for PROJECT completion: Fiscal Year: 2009/2010 Amount: Fund Type: $22,308.00 Local Funds (LF) CITY OF MIAMI FINANCIAL RESPONSIBILITY: $22,308.00 Page 10 of 11 Locally Funded Agreement between the City of Miami and the Florida Department of Transportation, Financial Project Number 412473-1-52-02 EXHIBIT 'C' CITY OF MIAMI RESOLUTION To be herein incorporated once approved by the CITY Commission. Page 11 of 11 Locally Funded Agreement between the City of Miami and the Florida Department of Transportation, Financial Project Number 412473-1-52-02