HomeMy WebLinkAboutExhibit - AgreementAMENDMENT NO. 1 TO JOINT PARTICIPATION AGREEMENT
WITH DOWNTOWN DEVELOPMENT AUTHORITY
DOWNTOWN MIAMI SIGNAGE AND WAYFINDING SYSTEM
This AMENDMENT NO. 1 to the Joint Participation Agreement, dated October 18, 2013
(the "Agreement"), by and between the CITY OF MIAMI, FLORIDA, a municipal
corporation of the STATE OF FLORIDA (hereinafter referred to as "City"), and the
MIAMI DOWNTOWN DEVELOPMENT AUTHORITY, a public -private non-profit
business organization of the City (hereinafter referred to as "DDA"), for the Downtown
Wayfinding Signage System, Project B-30941 ("Project") is entered into this
day of , 2015.
RECITALS
WHEREAS, both parties herein wish to facilitate the construction of signage and
wayfinding improvements, within both the City and DDA limits, hereinafter referred to as
the "Project," described as follows:
The Project scope includes, but is not limited to: new vehicular, pedestrian, and
parking wayfinding signage, and improvements to the public right-of-way, such
as the removal of repetitive and aging signs, and the installation of district
gateway and destination signs.
WHEREAS, the City and the DDA wish to enhance the signage and wayfinding
system for motorists, pedestrians, bicyclists, and transit users within the Downtown
Miami area; and
WHEREAS, the City and the DDA applied for and were awarded a federal grant
in the amount of $1,000,000.00 from the Florida Department of Transportation for the
construction of the Project; and
WHEREAS, in the Agreement, the DDA supported the City's efforts by providing
funding in an amount not to exceed $150,000.00 towards the Project; and
WHEREAS, the DDA now wishes to increase its contribution of funds towards
the Project by an amount not to exceed $350,000.00 for an aggregate total contribution
of $500,000.00 towards the Project; and
WHEREAS, the City Commission has adopted Resolution No. to
accept the additional contribution of funds towards the Project, in an amount not to
exceed $350,000.00;
NOW, THEREFORE, in consideration of the foregoing, the parties hereby amend
the Agreement as follows:
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1. Article 2.3. 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 DDA access to the site for
review and observation during construction. The DDA will assist the City in
preparation of the final punch list and close-out of the Project. The costs
associated with the construction administration and inspection(s) for the
Project shall be borne by the DDA on a reimbursement basis. The DDA shall
reimburse the City for the construction administration and inspections costs
incurred for the Project upon the completion and close-out of the Project, at a
fee not to exceed fifteen percent (15%0) of the total construction costs for the
Project
2. Article 3.3. Funding Amount:
The DDA agrees to provide funds for the Project in the not to exceed amount
of 8-1-50,000 Five Hundred Thousand Dollars ($500,000.00), for eligible
expenses, as defined herein, incurred by the City for the construction of the
Project. The DDA shall disburse finds to the City for the Project on a
reimbursement basis. The DDA shall incur no liability for any costs in excess
of said funding amount unless there has been a duly authorized increase
approved by the DDA Board of Directors. The not to exceed amount of
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Project. The costs associated with the construction, administration and
inspection(s) for the Project shall be borne by the DDA on a reimbursement
basis. The DDA shall reimburse the City for the construction, administration,
and inspection(s) costs incurred for the Project upon the completion and
close-out of the Project at a fee not to exceed fifteen percent (15%) of the
total construction costs for the Project.
3. Article 4, Eligible Expenses:
The parties agree that only the construction administration expenses incurred
by the City that are directly related to the Project, and specifically identified in
Exhibit "A," are eligible expenditures for DDA's funding, and 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 DDA.
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4. The "Exhibit A REVISED" attachment hereto, which by this reference is
incorporated into the Agreement, shall replace the original Exhibit "A"
attachment from the Agreement.
5. All other terms and conditions of the Agreement are in operative force and
effect and remain unchanged.
IN WITNESS WHEREOF, the parties hereto set their hands and official seals the
day and year first above written.
ATTEST:
MIAMI DOWNTOWN DEVELOPMENT
AUTHORITY, BY ITS BOARD OF
DI RECTORS
BY: BY:
Todd B, Hannon Alyce Robertson
Clerk of the Board Executive Director
THE CITY OF MIAMI, FLORIDA
CITY OF MIAMI, a municipal
corporation of the State of Florida
(Affix City Seal)
ATTEST:
BY: BY:
Todd B. Hannon Daniel J. Alfonso
City Clerk City Manager
APPROVED AS TO FORM AND APPROVED AS TO INSURANCE
CORRECTNESS: REQUIREMENTS:
BY: BY:
Victoria Mendez, City Attorney
Ann -Marie Sharpe, Director
Risk Management Department
EXHIBIT A - REVISED
Miami Downtown Development Authority will reimburse the City of Miami for the
construction administration expenses of the Downtown Miami Signage and
Wayfinding System, Capital Project B-30941 with the following Project elements:
• Construction of new vehicular, pedestrian and parking wayfinding signage,
and improvements to the public right-of-way, such as the removal of
repetitive and aging signs, and the installation of district gateway and
destination signs.
The project is bounded by the DDA limits (see attached Exhibit B).
DDA Funding Amount: not to exceed $150,000.00 $500,000.00
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