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HomeMy WebLinkAboutExhibit2-520; 1st Street fro LOCALLY FUNDED AGREEMENT THIS LOCALLY FUNDED AGREEMENT (hereinafter `Agreement') is made and entered into this day of , 20_, between the CITY OF MIAMI, a municipal corporation. of the State of Florida, hereinafter referred to as the `CITY', and the STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION a component agency of the State of Florida, hereinafter referred to as the `DEPARTMENT'. RECITALS: WHEREAS, the CITY has jurisdiction over and mai corridor within the corporate limits of the CITY; and x WHEREAS, the CITY has requested the DE nineteen (19) decorative light poles along S.R. 968/SW 1 Avenue; and WHEREAS, the DEPARTMENT has agreed decorative light poles al the terms and conditions .R.) 968/SW is` Street 4nstall or caus, o be installed get from Flagler Street to SW 17th or,cause to be installed nineteen (19) SW 1st Streetfrom Flagler Street to SW 17th Avenue, subject to e s Agreement, and W H IE AS, the CITY 11 fund t` c cr sed costs, under financial project number 414633- ssociated with tl €irist� late tl e nineteen (19) decorative light poles along S.R. 968/SW lagler Street 177 Avenue, hereinafter collectively called the `PROJECT', and as detailed in the`att shed 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, and authorize its officers to do so. Page 1 of 21 Locally Funded Agreement between the City of Miami and the Florida Department of Transportation, Financial Project Number 414633-2-52-02 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'thee CITY Ca iss on approving this Agreement is attached hereto as Exhibit`C ', `CITY OF MIAMI is incorporated herein by reference, (b) E-Verify: The CITY/ Contractors or Ve : i. Ut izet e U.S. Department of Hone land Security's E-Verify system to OLUTION', and. employment igibility of all new employees hired by the actor, during the term of the Agreement; and uire any subcontractors performing work or providing services ant to tle state contract to likewise utilize the U.S. Department of and Security's E-Verify system to verify the employment eligibility 1 new employees hired by the subcontractor during the contract term. The CITY shall insert the above clause into any contract entered into by the CITY with vendors or contractors hired by the CITY for purposes of performing its duties under this Agreement. Page 2 of 21 Locally Funded Agreement between the City of Miami and the Florida Department of Transportation, Financial Project Number 414633-2-52-02 (c) The DEPARTMENT will administer and construct the PROJECT in accordance with the signed and sealed PROJECT plans and as detailed in the attached Exhibit "A", 'Scope of Services'. The DEPARTMENT will complete the PROJECT utilizing the funds provided by the CITY. (d) The CITY will provide funding to the DEPARTMENT the aggregate amount of ONE HUNDRED FORTY SIX THOUSAND tki HUNDRED DOLLARS (e) ($146,300.00), for the PROJECT, subject further ta the pros in Section 3 of this Agreement and as outlinedin the attachmt Exhibit "B", "Financil Sumrnar ", which is herein incorporated by reference."' The DEPARTMENT Contractor will not comet work on the PROJECT until CITY r funding for the PROJECT is 'eposit with the DEP T1V1ENT. (f) Upon the receipt, authorization'and encumbrance of funding received from the CITY as a result of this g(eemen"t, the DEP4ARTMEN I' Contractor will commence work on the PROD„ 3. Financial Provision he DEPARTME it will, no later than thirty (30) calendar days after the ton of this Agreement, furnish the DEPARTMENT an ance deposit - the amount of ONE HUNDRED FORTY SIX THOUSAND THREE HUNDRED DOLLARS ($146,300.00) for full payment of the estimated PROJECT cost for Locally' Funded project number 414633-2-52-02. The advance deposit shall be the total estimated PROJECT cost plus allowances. The DEPARTMENT shall utilize this deposit for payment of the costs of the PROJECT. Page 3 of 21 Locally Funded Agreement between the City of Miami and the Florida Department of Transportation, Financial Project Number 414633-2-52-02 (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 of the accepted bid, whichever is earlier, so that the total deposit is equalto the bid amount plus allowances. The DEPARTMENT will notify the CITY as soon as it become -apparent the accepted bid amount, plus allowances, is in excess of the advanced° visit amount, However, failure of the DEPARTMENT to so notify the CIT all not r hcve the CITY from its obligation to pay for its full participation, f final accounting as pro it ed herein below. If the CITY cannot provide the additio deposit within fourteen (14)=days, a letter must be submitted to and approved by the DEP ENT' s project manager indicating whenthe deposit will be made tie ,CITY understafd the request and approval of the additional time could delay then ?ROJECI and additional costs may be incurred due to a delay of the P O ECT. (c) If accept° (d) amount p plus allowanceis less than the advance deposit amount, the if !mount that the advance deposit exceeds the bid such refund is requested by the CITY in writing. hould PROJECT; modifications or changes to bid items occur that increase the CITY's share totalROJECT 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 Page 4 of 21 Locally Funded Agreement between the City of Miami and the Florida Department of Transportation, Financial Project Number 414633-2-52-02 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 an eornj e accounting of all costs incurred in connection with the work perfo sixty (360) days of final payment to th Jhei eun der w three hundred and ontractorF,The DEPARTM' PROJECT complete when final payment hd: considers the to the Contractor, not when the construction work is compl to £,.All PROJECT cos ,e,cords and accounts shall be subject to audit conducted within Mf period of three (3) years after notified o: PROJECT cats purs cant to the terms `pfitl is agreement is less than the total deposit to ounty by a rep>ssentative of the CITY for a tXf the PROJECT. The CITY will be cost. Both parties agree that in. the event final accounting of total Wade by the DEPARTMENT to the CITY as soon accounting is not performed within three hundred and sixty TY is#riot relieved from its obligation to pay. (f) In th ent theffinal 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 "proper invoice", as such teximi is defined by the Prompt Payment Act, 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. Page 5 of 21 Locally Funded Agreement between the City of Miami and the Florida Department of Transportation, Financial .Project Number 414633-2-52-02 (g) The payment of funds under this Locally Funded Agreement will be made directly to the DEPARTMENT for deposit and as provided in the attached Three Party Escrow Agreement between the CITY, Department and the State of Florida, Department of Financial Services, Division of Treasury. (h) Nothing in this Agreement shall be construedto vip,14fe the provisions of Section 339.135(6)(a), Florida Statutes, which provides a "The Department, during any fiscal year, all not expend moneycur any liability, or enter into any contract which, by its tern volves ' e expenditure of in y in excess of the amounts budgeted as available for ek sditure during such fiscal year. Any contract, verbal or written, violation of this uh ection is null and void, and no money may be paid on such ct- tract' epartment shall require a statement from the Comptro et he Department tli'at such thuds are available prior to entering into any su prevent the e: all contracts er binding coi itment of funds. Nothing herein contained shall arts for periods exceeding one year, but any contract so only for the value of the services to be rendered or agreed to al years; and this paragraph shall be incorporated verbatim the Department which are for an amount in excess of TWENTY FIVE TItOSAND DOLLARS ( one year 25,000.00) and which have a term for a period of more than. 4. Effective Date of this Agreement. This Agreement shall become effective upon execution by the CITY and the DEPARTMENT and as of the date set forth onpage one (1) hereof. Page 6 of 21 Locally Funded Agreement between the City of Miami and the Florida Department of Transportation, Financial Project Number 414633-2-52-02 S. 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 anctexfuted and delivered by each. 7. Notices, All notices, requests, demands and other communications rgiired 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 coi rie as Federal ExpreTs; or by other messenger) against receipt or upon,actual receipt of re i red or certified mail, postage prepaid, return receipt requested, addressed asset forth below: (a) If to the CITY: City 444 SW'Floor Miami, Florida 33130= Attention Juvenal Santana, Assistant Public Works Director Florida Department of Transportation 1'1 Avenue, Room 6202B tirida 33172 Attention: Pablo Valin, Senior Contract Analyst which communications or copies are to be sent by giving noticeaddress in conformity with the provisions of this paragraph for the giving of no 8. Entire Agreemejtit. 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. Page 7of21 Locally Funded Agreement between the City of Miami and the Florida Department of Transportation, Financial. Project Number 414633-2-52-02 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 provisionof this Agreement. 11. Captions. The captions contained in this Agreement as I sertedonly as a matter of convenience or reference and in no way define, limit tend or 'be the scope of this Agreement or the intent of any of its provisions. 12. Absence of Third Party Beneficiaries. Not intended to (a) confer uponany entity or person o successors and assigns any rights o party beneficiary or otherwise excep authorize anyone no this Agreement 13. Other Documents. w fically provided certain as spec eement, expreseS or implied, is han the parties and their permitted ies under or by rbson othis Agreement as a third d} in this Agreement; or (b) to this Agreeit to maintai'an action pursuant to or based upon all, take 11 such actions and execute all such documents ably necessary to carry out the purposes of this Agreement, whether or not eement; provided that the parties further acknowledge that y the CITY may require approval by the CITY Commission, and, to the extent gt,1 apprw al is required by applicable law, obtaining such approval shall be a condition to the ligati.ons of the CITY under this Section. 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 8 of 21 Locally Funded Agreement between the City of Miami and the Florida Department of Transportation, Financial Project Number 414633-2-52-02 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. REMAINDER OF PAGE INTENTIONALLY LEFT BLANK Page 9 of 21 Locally Funded Agreement between the City of Miami. and the Florida Department of Transportation, Financial Project Number 414633-2-52-02 IN WITNESS WHEREOF, the parties hereto have made and executed this Agreement on the day and year first above written, the CITY, 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. CITY OF MIAMI: BY: CITY MANAGER ATTEST: (SEAL) CITY CLERK STATE OF FLC RIDA, DEPARTMENT OF -TRANSPORTATION: LEGAL REVIEW: ECRETARY ECsTIVE SECRETARY CITY ADISTRICT CHIEF COUNSEL Page 10 of 21 Locally Funded Agreement between the City of Miami and the Florida Department of Transportation, Financial Project Number 414633-2-52-02 EXHIBIT 'A' SCOPE OF SERVICES The PROJECT work consists of the installation of nineteen (19) decorative light poles along S.R. 968/SW 1st Street from Flagler Street to SW 17th Avenue in the CITY. The PROJECT is further defined in Exhibit "Al", PROJECT plans (incorporated herein by referenc). The CITY has requested that the decorative light poles be of certain style and the DEP =RENT will install them with the current project along S.R. 968/SW 1st Street from Flagler Str"'fo SW 17th Avenue. PROJECT LIMITS: S..R. 968/SW1st Street from Flagler Stree DEPARTMENT Financial Project Number: 414633-2-52- COUNTY: Miami -Dade DEPARTMENT Project Manager: Adriana Manzanare 05470 5283 CITY Project Manager: Juvenal Santana, P.; 305-416-1218 Avenue Page 11 of21 Locally Funded Agreement between the City of Miami and the Florida Department of Transportation, Financial Project Number 414633-2-52-02 co `a O O 7 co � a CO ti �! 0O c0 � 9 CJ 84 CD M. 0 R n 4 - C 4 W W N c-» N N "Al"EXHIBIT ECTa NS E< '3at- §P 3".015 f1X£ :Yi HAS A % If# PICK. Cz>�.'SA"?.7Et3 Afer 'MUD k"Ik£. SE/' 443 Y4 5k%5314 JY3' AA.P.394344 A VklE P,4. i33g ku3d§'.'«' 3yzrsvx l:s. EE.: to Yti 3r aY.# s4333F fi#i4 3S 3>A3:8,RE.a. Y'4 «2443 1444.< 2`i` TAW KW AMEN.' 7-0AF 95424L5' E4% Tf2v iai `4S.fi*<� S°L'i,�F£.t.£ s. a 2453. 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CSVE.L0,7 EC&. _ _a _ ®« «© __ 2 Rr ._ ----- -a. 2 *I 11, P< GAT A-? FP', rAoati a&vsms EXHIBIT `B' FINANCIAL SUMMARY The DEPARTMENT's Work Program allocates the following funding, programmed under Financial Project Number 414633-2-52-02, for PROJECT completion: Fiscal Year: 2015/2016 Amount: $146,300. CITY OF MIAMI FINANCIAL RESPONSIBILITY: Incorporated herein by reference is Exhibit "B d Type: Localds (LF) Cost Estimate". Page 19 of 21 Locally Funded Agreement between the City of Miami and the Florida Department of Transportation, Financial Project Number 414633-2-52-02 $ 146,300.00 II PROJECT ost Estimate F : 414633-2-52-01 , 1 St Reconstruction project. ETEEN POLES TO E STREET FROM: W 221'41; AVE TO SW 17 AVE. COST F *STANDARD. _POLE wrr FOUNDATION: T FTI E PE FOUNDATION: S12,000.000 DIFFERENCE: COST TO THE E MIAMI FOR ECORATIVE POLE s 71000 X 19= $ 3,000.00 TOTAL AMOUNT ,000.00 PWS 10% COE - $1.3,. . TOTAL COST OF DECORATIVE: $1461300.00 Rev.12 EXHIBIT 'C' CITY OF MIAMI RESOLUTION To be attached hereto and incorporated herein once ratified by the CITY Commission. Page 21 of 21 Locally Funded Agreement between the City of Miami and the Florida Department of Transportation, Financial Project .Number 414633-2-52-02