HomeMy WebLinkAboutExhibit - AgreementPEACOCK PARK PUBLIC PARKING LOT
RE- CONFIGURATION PROJECT
B-75883
JOINT PARTICIPATION AGREEMENT
BETWEEN CITY OF MIAMI
AND
MIAMI PARKING AUTHORITY
This AGREEMENT, is made and entered into this day of , 2014,
by and between the CITY OF MIAMI, FLORIDA, a municipal corporation of the STATE
OF FLORIDA, hereinafter referred to as the "City", and the DEPARTMENT OF OFF-
STREET PARKING a/k/a MIAMI PARKING AUTHORITY, an agent and instrumentality
of the CITY OF MIAMI, hereinafter referred to as "MPA".
WTNESSETH
WHEREAS, both parties herein wish to re -configure the existing parking lot and
provide upgrades to the surrounding area at Peacock Park located at 2820 McFarlane
Road Miami, FL, within both the City and MPA limits, hereinafter referred to as the
"Project"; and
WHEREAS, the Project scope includes, but is not limited to: milling and
resurfacing, asphalt, curb and gutter, new sidewalks, French drains, signage and
pavement markings, landscaping and lighting; as further described in the scope of work
attached hereto as Exhibit "A"; and
WHEREAS, the City and MPA wish to develop an expanded public parking lot to
support Peacock Park; and
WHEREAS, the existing parking lot has 36 spaces and the newly constructed lot
will have four (4) additional spaces; and
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WHEREAS, the MPA will benefit from the additional revenues collected by the
increase in parking spaces; and
WHEREAS, the City will benefit from the additional spaces by allowing for more
residents to patronize the park; and
WHEREAS, the total estimated Project cost is $302,971.02; and
WHEREAS, the operation and maintenance of this parking lot is the
responsibility of the MPA, as stated in Article 3.1 in this Agreement; and
WHEREAS, the MPA will support the City's efforts by providing funding in an
amount not to exceed $200,000; and
WHEREAS, on August 8, 2014, the MPA's Board, by Resolution No. 14--04,
authorized the issuance of grant funding, in an amount not to exceed $200,000, to the
CITY; and
WHEREAS, on , 2014, the Miami City Commission, by Resolution No.
R-14- , authorized the acceptance of a Grant, in the amount of $200,000, from
the MPA, to underwrite costs associated with the Additional Upgrades, as described in
the Scope of Work Exhibit "A" attached hereto; and
NOW, THEREFORE, in consideration of the promises and covenants contained
herein, the parties agree:
1 EFFECTIVE DATE AND TERM: This Agreement shall take effect upon its
execution and shall terminate upon completion and close-out of the Project.
2 RESPONSIBILITIES OF CITY:
The City is responsible for the management and administration of the Project.
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2.1 Accounting: The City shall at all times maintain separate accounting for the
costs of the Project so those costs may be independently verified and audited
by the MPA, at the request and cost of the MPA. The City agrees to permit
the MPA auditors to inspect the books, records and accounts of the Project
for three years after completion of the Project. These records shall be made
available to the MPA for inspection within five (5) working days upon receipt
of a written request from the MPA.
2.2 Design: The City will secure engineering design and consulting services
from qualified firms to develop the construction plans, technical specifications,
special provisions, pay items and construction cost estimates for the Project
(the "Design Work") in accordance with all applicable City, County, State and
Federal standards and specifications. The City agrees that the selection,
retention and discharge of the design consultant shall be the responsibility of
the MPA in accordance with applicable laws. The City shall have the right to
award the Design Work to a qualified firm through an existing Agreement if
deemed the most advantageous method to complete the Project
2.3 Construction: The City shall procure the services of a licensed contractor
holding a general contractor's license to construct the Project (the "Build
Work"). The City may award the contract through any available lawful means
which, in the City's discretion, affords the most cost effective and
advantageous method for construction of the Project and which may include,
but is not limited to, bid solicitation, request for proposals, the award of a
change order on existing City contract(s), or the extension of unit -prices
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provided in connection with prior competitive bid awards. The City shall have
the right to award the Build Work to a qualified firm through an existing
Agreement if deemed the most advantageous method to complete the
Project.
Subsequent to the evaluation of bids or proposals by the City, if applicable,
and the City's determination of the most advantageous bid or proposal, the
City shall provide said evaluation to the MPA for review and approval. The
MPA agrees that the selection, retention and discharge of such contractor
shall be the responsibility of the City.
2.4 Construction Administration and Inspection: The City shall exercise all
responsibilities of the owner under the construction contract, including
construction administration and inspections. The City may delegate this
function to an authorized agent or Construction Engineering Inspection
consultant. The City will allow the MPA access to the site for review and
observation during construction. The MPA will assist the City in preparation
of the final punch list and close-out of the Project.
2.5 Permits and Approvals: During the course of the design, the City shall
obtain all necessary approvals, permits, and utility adjustments; and
coordinate the review of construction documents by utilities and permitting
agencies. The City shall make all necessary adjustments. as required for
approval and/or permitting by those agencies. The City shall obtain all
necessary approvals, permits, and utility adjustments for the Project in
accordance with applicable State, Federal and Local Laws and ordinances.
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2.6 Funding Amount: The MPA agrees to provide funds for the Project in the
not to exceed amount of $200,000, for eligible expenses, as defined herein,
incurred by the City for the construction of the Project. The MPA shall
disburse to the City funds for the Project within thirty (30) days of execution of
this Agreement. The MPA shall incur no liability for any costs in excess of
said funding amount unless there has been a duly authorized increase
approved by the MPA Board. Any portion of unused funds shall
be returned to the MPA at the completion and turnover of the Project. The
total Project cost is estimated at an amount not to exceed $302,971.02.
2.7 Project Cost Adjustments: The parties recognize that adjustments to the
above -referenced costs may be required in the future and that at the option of
the parties, amendments may be entered into to revise the funds available for
the Project. Provided that prior legislative authorization for funding is in place,
additional amendments may be executed by the City and MPA. Otherwise,
further funding commitments shall be subject to the approvals of the parties'
respective governing boards.
3. RESPONSIBILITIES OF THE MPA
3.1. Maintenance: The MPA agrees to operate and maintain all aspects of the
parking lot in full.
4 ELIGIBLE EXPENSES: The parties agree that the design, construction,
inspections, permitting and administration expenses incurred by the City that are
directly related to the Project are eligible expenditures for MPA's funding, and
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documentation will be made available to substantiate expenditures in the form of
approved invoices, verified payment requests, documented journal entries,
and/or check vouchers, at the request of the MPA.
5 COMPLIANCE WITH LAWS: The parties shall comply with applicable federal,
state and local laws, codes, ordinances, rules and regulations in performing their
respective duties, responsibilities, and obligations pursuant to this Agreement
and with all applicable laws relating to the Project. The parties shall not
unlawfully discriminate in the performance of their respective duties under this
Agreement.
6 DISPUTE RESOLUTION, APPLICABLE LAW: The parties shall resolve any
disputes, controversies or claims between them arising out of this Agreement in
accordance with the "Florida Governmental Conflict Resolution Act", Chapter
164, Florida Statutes, as amended. This Agreement shall be governed by the
laws of the State of Florida. Venue in any proceedings shall be in Miami -Dade
County, Florida.
7 ENTIRE AGREEMENT, AMENDMENTS: This document incorporates and
includes all prior negotiations, correspondence, conversations, agreements and
understandings applicable to the matters contained herein and the parties agree
that there are no commitments, agreements, or understandings concerning the
subject matter of this agreement that are not contained in this document.
Accordingly, the parties agree that no deviation from the terms hereof shall be
predicated upon any prior representations or agreements, whether oral or written.
It is further agreed that no modification, amendment or alteration in the terms
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contained herein shall be effective unless set forth in writing in accordance with
this section. No modification, amendment or alteration in the terms or conditions
contained herein shall be effective unless contained in a written document
prepared with the same or similar formality as this Agreement and executed by
the parties.
8 JOINT PREPARATION: The parties acknowledge that they have sought and
received whatever competent advice and counsel as was necessary for them to
form a full and complete understanding of all rights and obligations herein and
that the preparation of this Agreement has been their joint effort. The language
agreed to expresses their mutual intent and the resulting document shall not,
solely as a matter of judicial construction, be construed more severely against
one of the parties from the other.
9 SEVERANCE: In the event a portion of this Agreement is found to be invalid by
a court of competent jurisdiction, the remaining provisions shall continue to be
effective unless the City or MPA elect to terminate this Agreement. An election
to terminate this Agreement based upon this provision shall be made within
seven (7) days after the finding by the court becomes final.
10 RECORDS AND REPORTS/AUDITS AND EVALUATION:
a. Public Records; Maintenance of Records. This Agreement shall be
subject to Florida's Public Records Laws, Chapter 119, Florida Statutes, as
amended. The parties understand the broad nature of these laws and agree to
comply with Florida's Public Records Laws, and laws relating to records retention.
Moreover, in furtherance of the MPA's audit rights in Section 9(c) below, the CITY
acknowledges and accepts the authority of the MPA to access the CITY's records,
legal representatives' and contractors' records, and the obligation of the CITY to
retain and to make those records available upon request, and in accordance with all
applicable laws. The CITY shall keep records to show its compliance with this
Agreement. In addition, the CITY's contractors and subcontractors must make
available, upon the MPA's request, any books, documents, papers, and records
which are directly pertinent to this specific Agreement for the purpose of making
audit, examination, excerpts, and transcriptions. The CITY agrees to incorporate
the MPA's right to access all records in the possession of the Contractor and any
subcontractors pertaining to the Project.
b. Reports. The CITY agrees to deliver or present to the MPA reports relating
to the use of the Grant Funds and, if applicable, the Conditional Grant Funds, as
requested by the MPA. Failure to provide said reports shall result in the Grant
Funds, and, if applicable, the Conditional Grant Funds, being withheld until the
CITY has complied with this provision. Thereafter, continued failure by the CITY in
providing such reports shall be considered a default under this Agreement.
c. Audit Rights. The MPA shall have the right to conduct audits of the CITY's
records pertaining to the Grant Funds and, if applicable the Conditional Grant
Funds, and to visit the Project, in order to conduct its monitoring and evaluation
activities. The CITY agrees to cooperate with the MPA in the performance of these
activities. Such audits shall take place at a mutually agreeable date and time.
11 DEFAULT: If either party fails to comply with any term or condition of this
agreement, or fails to perform any of its obligations hereunder, then that party shall be
in default. Upon the occurrence of a default hereunder, the non -defaulting party, in
addition to all remedies available to it by law, may immediately, upon written notice to
the other party, terminate this agreement.
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12 TERMINATION RIGHTS: Either party shall have the right to terminate this
agreement, in its sole discretion, at any time, by giving written notice to the other party
at least thirty (30) days prior to the effective date of such termination.
13 MISCELLANEOUS PROVISIONS:
12.1 Title and paragraph headings are for convenient reference and are not a
part of this Agreement.
12.2 No waiver or breach of any provision of this Agreement shall constitute a
waiver of any subsequent breach of the same or any other provision hereof, and
no waiver shall be effective unless made in writing.
14 NOTICES: Any and all notices required to be given under this agreement shall
be sent by first class mail, addressed as follows:
To the MPA:
Attention: Arthur Noriega, Chief. Executive Officer
Miami Parking Authority
40 NW 3rd Street, 1103
Miami, FL 33128
305-373-6789
With a copy to:
Tiffany C. Britton, Esq., Senior Executive Advisor
Miami Parking Authority
40 NW 3rd Street, 1103
Miami, FL 33128
To the City:
Attention: Mark Spanioli, P.E., Director
City of Miami
Capital Improvements and Transportation Program
444 SW 2nd Avenue, 8th Floor
Miami, FL 33130
(305) 416-1225
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IN WITNESS WHEREOF, the parties hereto set their hands and official seals the
day and year first above written.
ATTEST:
MIAMI PARKING AUTHORITY, BY ITS
BOARD OF DIRECTORS
BY: BY:
Monica Cuadro Arthur Noriega
Clerk of the Board Chief Executive Officer
ATTEST: CITY OF MIAMI, a municipal
corporation of the State of Florida
BY: BY:
Todd B. Hannon Daniel J. Alfonso
City Clerk City Manager
(Affix City Seal)
APPROVED AS TO FORM AND APPROVED AS TO INSURANCE
CORRECTNESS: REQUIREMENTS:
BY: BY:
Victoria Mendez Ann -Marie Sharpe
City Attorney Risk Management Director
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EXHIBIT A
SCOPE OF WORK
Project scope includes, but is not limited to: milling and resurfacing, asphalt,
curb and gutter, new sidewalks, French drains, signage and pavement markings,
landscaping and lighting. (An area plan sheet is attached as part of Exhibit A).
11 E V IS 10 N S
0£50111,001.1
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GIRALDO MAROUEZ,
CITY OF MIAMI PM
CITY OF MIAMI
CAPITAL IMPROVEMENTS PROGRAM
444 SA I. 4.4£141. MO FLOOR
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CITY OF MIA1111
CAPITAL IMPROVEMENTS PROGRAM
PROJECT NAME
PROJECT No
AICFARLANT., ROAD
ANDS. RAYS11ORE DRIVE
11-0000(1
ALTERNATIVE 2
SHEET
NO.
2