HomeMy WebLinkAboutPre-LegislationCity of Miami
Legislation
Resolution: R-10-0479
City Hall
3500 Pan American
Drive
Miami, FL 33133
www.miamigov.com
File Number: 10-01142
Final Action Date:10/28/2010
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S),
AUTHORIZING THE CITY MANAGER TO EXECUTE AMENDMENT ONE TO THE
LOCALLY FUNDED AGREEMENT WITH THE FLORIDA DEPARTMENT OF
TRANSPORTATION, IN SUBSTANTIALLY THE ATTACHED FORM, FOR THE
INSTALLATION OF DECORATIVE PEDESTRIAN CROSSWALKS ALONG STATE
ROAD 5/BRICKELLAVENUE FROM SOUTH OF SOUTHEAST 25TH ROAD TO
SOUTHEAST 5TH STREET, MIAMI, FLORIDA, IN AN AMOUNT NOT TO EXCEED
$10,132, THEREBY INCREASING THE TOTAL CONTRACT AMOUNT FROM
$22,308 TO $32,440; ALLOCATING FUNDS, IN THE AMOUNT OF $10,132, FROM
THE DISTRICT 2 QUALITY OF LIFE FUNDS.
WHEREAS, pursuant to Resolution No. 09-0534, adopted December 10, 2009, the City
Commission authorized the City Manager to execute a Locally Funded Agreement with the Florida
Department of Transportation ("FDOT"), 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 ("Project"), in an amount not to exceed $22,308; and
WHEREAS, the lowest bid for the construction of the Project was higher than the estimate due to
the scope requirements for special materials and specialty work; and
. WHEREAS, the City Commission, after careful consideration of this matter, deems it advisable and
in the best interest of the City of Miami to authorize the City Manager to execute Amendment One, in
substantially the attached form, to increase funds for the Project, in an amount not to exceed $10,132,
thereby increasing the total contract amount from $22,308 to $32,440;
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 Amendment One to the Locally Funded
Agreement with FDOT, in substantially the attached form, 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, in an amount not to exceed $10,132, thereby increasing the total contract
amount from $22,308 to $32,440.
.1 it; a si Section 3. cFunds`for the:City's required contribution, in the -amount bf $10,132,, are allocated from
the District 2 Quality of Life Funds.
Section 4: This Resolution shall.become effective immediately upon its adoption and signature of
.the Mayor.{2}
City of Miami
Page 1 of 2 File Id: 10-01142 (Version: 1) Printed On: 11/10/2010
File Number: 1 D-01142 Enactment Number: R-10-0479
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
File Id: 10-01142 (Version: 1) Printed On: 11/10/2010
Florida Department of Transportation
CHARLIE CRIST
GOVERNOR SECRETARY
Miami, FL 33172
1000 NW 111th Avenue
December 20, 2010
Ms. Monica U. Rodriguez
Legislative and Contracts Manager
City of Miami
444 SW 2nd Avenue
Miami, FL 33130
STEPHANIE C. KOPELOUSOS
Re: Amendment One to Locally Funded Agreement Execution Notice
Project# 412473-1-52-02
Dear Ms. Rodriguez,
Enclosed for the City of Miami's records are two (2) original fully executed
Amendments for the aforementioned project. The Amendment was executed by the
Florida Department of Transportation (Department) on Tuesday, December 14, 2010.
Thank you on behalf of the Department for your assistance in expediting the
execution of the Amendment. If you have questions or concerns, please feel free to
contact me at 305-470-5112.
enc: Two (2) original Amendments
cc: Judy Solaun-Gonzalez, FOOT; File
Sincerely,
Michelle Loren Meaux
Joint Participation Agreement Coordinator
www.dot.state.fl.us
AMENDMENT ONE TO LOCALLY FUNDED AGREEMENT
BETWEEN THE STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
AND THE CITY OF MIAMI
This Amendment One to that certain Locally Funded Agreement, executed on February 22, 2010 (the "Contract"),
incorporated herein by reference, between the City of Miami, a municipal corporation of the State of Florida ("CITY"), and
the State of Florida Department of Transportation, a component agency of the State of Florida ("DEPARTMENT"), for the
installation of decorative pedestrian crosswalks on State Road (S.R.) 5/Brickell Avenue from SE 25th Roa/to SE 5th
Str t, programmed under Financial Project Number 412473-1-52-02 ("PROJECT"), is entered into this / day of
W , 2012•
RECITALS:
WHEREAS, the Contract was entered into by both parties pursuant to the approval of the DEPARTMENT and of
the CITY Commission by Resolution No. R-09-0534, adopted on December 10, 2009, in the total amount of Twenty Two
Thousand Three Hundred Eight Dollars ($22;308.00) for PROJECT costs; and
•
WHEREAS, it is necessary to increase the total Contract amount by Ten Thousand One Hundred Thirty Two
Dollars ($10,132.00) to provide additional dollars needed to fully fund the CITY's share of PROJECT costs; and
WHEREAS, the CITY Commission has adopted Resolution No. R-10-0480 on October 28, 2010, to approve the
PROJECT increase in the total Contract amount from $22,308.00 to $32,440.00;
NOW, THEREFORE, for the considerations hereinafter set forth:
The Contract dated February 22, 2010, is hereby amended as follows:
Financial Provisions shall be increased by an amount not to exceed Ten Thousand One Hundred Thirty
Two Dollars ($10,132.00). The contract total shall not exceed Thirty Two Thousand Four Hundred Forty
Dollars ($32,440.00).
Exhibit "B" shall be supplemented by the increased amount of Ten Thousand One Hundred Thirty Two
Dollars ($10,132.00).
All other terms and conditions of the Contract are in effect and remain unchanged.
CITY OF MIAMI:
By:
City Manager
ity Clerk
LEGAL
LlRwEVIEW
By: L y�-tRI
RISK MANAGEMENT`
y( Risk Administrator
TRANSP
By:
STATE OF1. LORIDA, DEPARTMENT OF
irj•
Dis i•• S; cretary
ATTES :
(SEAL)
By: VX�itacl a►7i�c� �'" it�
Executive Secretary
LEGAL REVIEW:
District Chief Counsel
TA l ON:
City of Miami
Legislation
Resolution: R-10-0479
City Hall
3500 Pan American
Drive
Miami, FL 33133
www.miamigov.com
File Number: 10-01142
Final Action Date:10/28/2010
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S),
AUTHORIZING THE CITY MANAGER TO EXECUTE AMENDMENT ONE TO THE
LOCALLY FUNDED AGREEMENT WITH THE FLORIDA DEPARTMENT OF
TRANSPORTATION, IN. SUBSTANTIALLY THE ATTACHED FORM, FOR THE
INSTALLATION OF DECORATIVE PEDESTRIAN CROSSWALKSALONG STATE
ROAD 5/BRICKELLAVENUE FROM SOUTH OF SOUTHEAST 25TH ROAD TO
SOUTHEAST 5TH STREET, MIAMI, FLORIDA, IN AN AMOUNT NOT TO EXCEED
$10,132, THEREBY INCREASING THE TOTAL CONTRACT AMOUNT FROM
$22,308 TO $32,440; ALLOCATING FUNDS, IN THE AMOUNT OF $10,132, FROM
THE DISTRICT 2 QUALITY OF LIFE FUNDS.
WHEREAS, pursuant to Resolution No. 09-0534, adopted December 10, 2009, the City
Commission authorized the City Manager to execute a Locally Funded Agreement with the Florida
Department of Transportation ("FDOT"), for the installation of decorative pedestrian crosswalks along
State Road 5/Brickefl Avenue from South of Southeast 25th Road to Southeast 5th Street, Miami,
Florida ("Project"), in an amount not to exceed $22,308; and
WHEREAS, the lowest bid for the construction of the Project was higher than the estimate due to
the scope requirements for special materials and specialty work; and
. WHEREAS, the City Commission, after careful consideration of this matter, deems it advisable and •
in the best interest of the City of Miami to authorize the City Manager to execute Amendment One, in
substantially the attached form, to increase funds for the Project, in an amount not to exceed $10,132,
thereby increasing the total contract amount from $22,308 to $32,440;
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 Amendment One to the Locally Funded
Agreement with FDOT, in substantially the attached form, 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, in an amount not to exceed $10,132, thereby increasing the total contract
amount from $22,308 to $32,440.
El • . z. Section 3. cFunds for the.City's-required contribution, in the amount of $10,132, are allocated from
the District 2 Quality of Life Funds.
-r: 3cSection-4. This Resolution shall become effective immediately upon its adoption and signature of
the Mayor.{2} .:
City of Miami Page 1 of 2 File Id: 10-01142 (Version: 1) Printed On: 11/10/2010
File Number 10-01142 Enactment Number: R-10-0479
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 File Id: 1 D-01142 (Version: 1) Printed On: 11/10/2010
•
bb
City 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 of Miami Page I of 2
File Id: 09-01106 (Version: I) Printed On: 12/22/2011
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
File Id: 09-01106 (Version: 1) Printed On: 12/22/2011
,LOCALLY FUNDED AGREEMENT
THIS Li9CALVY FUNDED AGREEMENT (hereinafter `Agreement') is made and entered into
this 'a day of -re..6Y14,6,/1 , 20 0, 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. 5Brickell Avenue from south of SE 25th Road to SE 5t1' 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
25t1' Road to SE 5t'' 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
Wand 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 continence work on the PROJECT until the
CITY funding for the PROJECT is on depositwith the DEPARTMENT.
Page 2 of 11
Locally Funded Agreement between the City of Miami
'and the Florida Department of Transportation, Financial:Project.Numnber.412473-1-52-02 :.:.;:;:.:._..:=
3. Financial Provisions. -
(a) The CITY agrees that it will, no later than thirty (3.0) 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.depositwithin fourteen (.14)..days, a..._,.
flI : , n_ • lettei. rniist .be- submitted to and approved by the DEPARTMENT's Project Manager
Page 3of11
Locally Funded Agreement between the Cfty 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 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 final payment .has, been: irlade to -the ;contractor, not:
when the construction work is complete. _:All PROJECT cost records and accounts
Page 4 of 11 ..
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 terms 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, succeed ng fi.scal..years; and .this paragraph
shall be incorporated verbatim in all contracts of the Department W'bich are for
amoiint .in excess of TWENTY FIVE THOUSAND DOLLARS
.
-..:--� :. ( 25,000:00) and.which.have a term for aperiod-of more than one .year."
Page5ofll
Locally Funded Agreement behaween the City of l liami
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 2' 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, .TPA 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. •
Paee6ofll
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
C.
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.
L4. Governing -Law. , This -Agreement and the interpretation_ of its terms shall' be'governed:°bythg -
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.
ATTEST:1_ -4 —
(SEAL) 'CITY CLERK
CITY ATTORNEY
,/- ,./'
/
/,
,..
/ 11. //
RISK M$NAGE4E1N;T
/tv
STATE OF FLORIDA,
DEPARTMENT OF TRANSPORTATION:
BY:
D StRiCfSECRETARY
ATTEsT:7gawityi
(SEAL) EXECUTiMECREY tIRY
LEGAL REVIEW:
DISTRICT CHIEF COUNSEL°
•
• .
. • , •,. • , • ...•
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..5/Brickell Avenue
from SE 25th Road to SE 5th Street at the following intersections:
• Crosswalk at station 68+60± (includes removal of existing brick pavers)
• 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
Page9ofll
Locally Funded Agreement between the City of Aliami
.and. the Florida Department of Transportation, Financial Project Number 412473-1-52-02
EXIIIBIT '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.
Pagellofll
Locally Funded Agreement between the City of A/rams
.:'and the Florida Department of Transportation, Financial Project Number 412473-1-52-02
FLORIDA DEPARTMENT OF TRANSPORTATION
DECORATIVE PEDESTRIAN CROSSWALKS
MAINTENANCE MEMORANDUM OF AGREEMENT
WITH
CITY OF MIAMI
This AGREEMENT, entered into this 21, day of 66)a-1\ ,
200, by and between the FLORIDA DEPARTMENT OF TRANSPORTATIdN, a
component agency of the State of Florida, hereinafter called the
DEPARTMENT, and the CITY OF MIAMI, a municipal corporation of the
State of Florida, hereinafter called the CITY.
RECITALS:
WHEREAS, the DEPARTMENT has jurisdiction over State Road
(S.R.) 5/Brickell Avenue from south of SE 25th Road to SE 5th
Street, within the limits of the CITY, as part of the State of
Florida Highway System; and
WHEREAS, the DEPARTMENT is installing decorative pedestrian
crosswalks on S.R. 5/Brickell Avenue from south of SE 25th Road to
SE 5th Street, in accordance with DEPARTMENT Contract # T-6190 the
limits of which, hereinafter PROJECT LIMITS, are described in the
attached Exhibit 'A', which by reference hereto shall become a part
hereof; and
WHEREAS, the DEPARTMENT and the CITY are both committed to
improving the aesthetics within the PROJECT LIMITS; and
WHEREAS, the CITY has requested the DEPARTMENT to install
decorative pedestrian crosswalks, within the PROJECT LIMITS, and
the DEPARTMENT is willing to do so subject to the terms and
conditions contained herein; and
WHEREAS, the CITY, by Resolution No. 09-0534, dated December
10, 2009, attached hereto as Exhibit 'B', which by reference hereto
shall become a part hereof, desires to enter into this AGREEMENT
and authorizes its officers to do so.
NOW, THEREFORE, for and in consideration of the mutual
benefits to flow each to the other, the parties covenant and agree
as follows:
Decorative Pedestrian Crosswalks
Maintenance Memorandum ofAgreenient between Florida Department of Transportation and City of Miami
Page 1 of 7
1. DEPARTMENT RESPONSIBILITIES
1.1.Assignment
The DEPARTMENT and the CITY agree that, by executing this
AGREEMENT, all maintenance responsibilities pertaining to
the decorative crosswalks on various intersections within
the PROJECT LIMITS will be assigned to the CITY in
perpetuity.
2. CITY'S MAINTENANCE RESPONSIBILITIES
The CITY shall be solely responsible for the maintenance and
preservation of the decorative surface on all pedestrian
crosswalks within the PROJECT LIMITS, which locations are
described in Exhibit "A".
2.1.LITTER REMOVAL
2.1.1. Promptly and regularlyremove all litter from
the decorative pedestrian crosswalk surfaces.
2.2.DECORATIVE SURFACE
2.2.1. Maintain and make repairs to the decorative
crosswalk surfaces to prevent safety hazards
for those using or intending to use the
pedestrian crossings.
2.2.2. Sweep the decorative surfaces on pedestrian
crosswalks periodically to keep them free of
debris and to maintain an aesthetically
pleasing condition. A light pressure washing
may be necessary for heavy stain removal or
cleaning.
2.2.3.
3. AMENDMENTS
For any routine repairs or replacement due to
noticeable color scarring or surface
deterioration of the decorative surfaces, the
product authorized installer should be
contacted.
This AGREEMENT may be amended in writing if mutually agreed to
by both parties. -
Decorative Pedestrian Crosswalks
Maintenance Memorandum of Agreement between Florida Department of Transportation and City of Miami
Page 2 of 7
4. MAINTENANCE DEFICIENCIES
If, at any time while the terms of this AGREEMENT are in
effect, it shall come to the attention of the DEPARTMENT'S
DISTRICT MAINTENANCE ENGINEER that the CITY's responsibility
as established herein or a part thereof is not being properly
accomplished pursuant to the terms of this AGREEMENT, said
DISTRICT MAINTENANCE ENGINEER may, at his option, issue a
written notice, in care of the CITY MANAGER, to place the CITY
on notice regarding its maintenance deficiencies. Thereafter,
the CITY shall have a period of thirty (30) calendar days
within which to correct the cited deficiency or deficiencies.
If said deficiencies are not corrected within this time
period, the DEPARTMENT may, at its option, proceed as follows:
4.1. Maintain the decorative pedestrian crosswalks declared
deficient with DEPARTMENT and/or independent contractor's
materials, equipment and personnel. The actual cost for
such work will be charged to the CITY.
5. NOTICES
All notices, requests, demands, consents, approvals, and other
communication which are required to be served or given
hereunder, shall be in writing and shall be sent by registered
mail or certified U.S. mail, return receipt requested, postage
prepaid, addressed to the party to receive such notices as
follows:
To the DEPARTMENT: Florida Department of Transportation
1000 Northwest 111 Avenue, Room 6205
Miami, Florida 33172-5800
Attention: District Maintenance Engineer
To the CITY:
City of Miami
444 SW .2nd Avenue
Miami, FL 33130
Attention: City Manager
6. DECORATIVE PEDESTRIAN CROSSWALKS INSTALLATION
6.1.It is understood between the parties hereto that the
decorative pedestrian crosswalks covered by this
AGREEMENT may be removed at any time in the future,' as
found_ necessary by the DEPARTMENT.,.,,.in order that ,the
adjacent i-state road be widened, ""altered< or: otherw.se
changed..and maintained to meet, with future criteria or
Decorative Pedestrian Crosswalks
Maintenance Memorandwii of Agreement between Florida Department of Transportation and City of Miami
Page 3 of 7
planning of the DEPARTMENT. All costs associated with
such activities will be solely at the expense of the
DEPARTMENT.
7. TERMINATION
This AGREEMENT is subject to termination under any one of the
following conditions:
7.1.In accordance with Section 287.058(1)(c), Florida
Statutes, the DEPARTMENT shall reserve the right to
unilaterally cancel this AGREEMENT if the CITY refuses to
allow public access to any or all documents, papers,
letters, or other materials made or received by the CITY
pertinent to this AGREEMENT which are subject to
provisions of Chapter 119, of the Florida Statutes.
7.2.0nly if mutually agreed to by both parties with a six (6)
month written notice.
8. TERMS
8.1.The terms of this AGREEMENT shall only commence upon
execution by all parties and after the CITY receives the
Notice To Proceed letter from the DEPARTMENT. This
AGREEMENT shall continue in perpetuity or until
termination as set forth in Section 7.
8.2 This writing embodies the entire AGREEMENT and
understanding between the parties hereto and there are
not other agreements and understanding, oral or written,
with reference to the subject matter hereof that are not
merged herein and superseded hereby.
8.3.This AGREEMENT is nontransferable and nonassignable in
whole or in part without the prior written consent of the
DEPARTMENT.
8.4.This AGREEMENT, regardless of where executed, shall be
governed by and constructed in accordance with the laws
of the State of Florida.
IN WITNESS WHEREOF, the parties hereto have caused these
presents..:c.to:Tbe. executed the day and year='first': above "writt=en
Decorative Pedestrian Crosswalks
Maintenance Memorandum of Agreement between Florida Department of Transportation and City of Miami
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ATTEST:
BY:
City Manager
Ar-
City Clerk .
STATE OF FLORIDA
DEPARTME'T OF, TRANSPORTATION:
BY:
Dstrict.Secretary
ATTEST ;% Yu -- j'—/fi•�4-J
Executive Secretary
LEGAL REVIEW:
BY: (Lags c�
Attorney District Chief Cotisel
Risk Management
Decorative Pedestrian Crosswalks
Maintenance Memorandum of Agreement between Florida Department of Transportation and City of Miami
Page5of7
EXHIBIT 'A'
PROJECT LIMITS
Below are the limits of the decorative pedestrian crosswalks to be
maintained under this AGREEMENT.
State Road Number:
Agreement Limits:
County:
5/Brickell Avenue
From south of SE 25th Road to SE 5th Street
Miami -Dade
• Crosswalk at station
pavers)
• Crosswalk at station
pavers)
• SE 15th Road (includes
leg of intersection)
• SE 14th Street
• SE 13th Street
• SE 10th Street
• SE 8th Street
• SE 7th Street
• SE 5th Street (south leg
68+60+
91+20+
removal
(includes removal of existing brick
(includes removal of existing brick
of existing brick pavers on the south
of intersection)
Decorative Pedestrian Crosswalks
Maintenance Memorandum of Agreement between Florida Department of Transportation and City of Miami
Page 6 of 7
EXHIBIT 'B'
CITY RESOLUTION
To be herein incorporated once ratified by the City of Miami
Board of CITY Commissioners.
Decorative Pedestrian Crosswalks
Maintenance Memorandum of Agreement between Florida Department of Transportation and City of Miami
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