HomeMy WebLinkAboutExhibitLOCALLY FUNDED AGREEMENT
(Off SHS -Construction Contingency}
THIS LOCALLY FUNDED AGREEMENT (hereinafter `Agreement') is made and entered into this
day of _ , 20 , between the CITY OF MIAMI, a 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, included in the Department's Approved 5 -year Work Program is PROJECT
Number FM No. 426113-1 (the "PROJECT") on NW 34th Avenue Bridge over Comfort Canal, within
the limits of approximately north of SR 8361 Dolphin Expressway and NW 14th Street (the "PROJECT
LIMITS"), in Miami -Dade County, Florida, a road not on the State Highway System;
WHEREAS, the CITY is the holder of ownership rights, and has jurisdiction over and
maintains NW 34`h Avenue, as said CITY road is measured from the center Line, between north of SR
8361 Dolphin Expressway and NW 14th Street; and
WHEREAS, pursuant to an Off -System Construction and Maintenance Agreement between
the DEPARTMENT and the CITY, the CITY has authorized the DEPARTMENT to construct the
PROJECT; and
WHEREAS, the DEPARTMENT is utilizing federal funds for the construction of the
PROJECT; and
WHEREAS, Section 339.08(1), F.S., does not authorize state funding for payments of non-
participating federal funding on the PROJECT; and
1 Construction funds are currently programmed for FY19
Page I of 14
Locally Funded Agreement between the City of Miami
and the Florida Department of Transportation, Financial PROJECT Number 426113-1-52-01
WHEREAS, the construction contingency costs associated with the PROJECT within the
Project LIMITS , further described in Exhibit B -I attached hereto and made part hereof, require the
CITY's participation; and
WHEREAS, FDOT is authorized to enter into this Agreement pursuant to Sections 334.0.1.4(7)
and 339,12, F. S., and authorizes its officers to do so; and
WHEREAS, the CITY, by and through Resolution No. , attached hereto as
Exhibit C, has duly authorized the execution and delivery of this Agreement and agrees to be bound by
the terms hereunder, and has further authorized the Mayor or designee to take all necessary steps to
effectuate the terms of this Agreement;
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) 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 funds provided by the CITY will be used to complete the
PROJECT. The CITY will provide funding to the DEPARTMENT, in the aggregate
amount of EIGHTY THOUSAND DOLLARS ($$0,000.00) for the PROJECT
contingency costs within the PROJECT, subject further to the provisions in Section 3
of this Agreement and as outlined in the attachment Exhibit "B", `Financial Summary',
incorporated herein by reference.
Page 2 of 14
Locally Funder! Agreement between the City of Miami
and the Florida Department of Transportation, Financial PROJECT Number 426113-1-52-01
(b) E -Verify:
The CITY shall;
i. Utilize the U.S. Department of Homeland Security's E -Verify system to
verify the employment eligibility of all new employees hired by the
Vendor/Contractor during the term of the Agreement; and
ii. Expressly require any subcontractors performing work or providing services
pursuant to the state contract to likewise utilize the U.S. Department of
Homeland Security's E -Verify system to verify the employment eligibility
of all new employees hired by the subcontractor during the contract teen.
(Executive Order Number 2011-02)
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.
(c) The DEPARTMENT Contractor will not commence work on the PROJECT until CITY
funding for the PROJECT is on deposit with the DEPARTMENT.
(d) The DEPARTMENT Contractor will commence work on the PROJECT once the
DEPARTMENT is in receipt, authorization and encumbrance of funding received from
the CITY as a result of this Agreement,
3. Financial Provisions.
(a) The CITY agrees that it will, at least fourteen (14) calendar days prior to the
DEPARTMENT's advertising of the PROJECT, furnish the DEPARTMENT a deposit
in the amount of EIGHTY THOUSAND DOLLARS ($80,000.00) for the construction
Page 3 of 14
Locally Funded Agreement between the City of Miami
and the Florida Department of Transportation, Financial PROJECT Number 416113-1-51-01
contingency costs estimated for the PROJECT, under FM# 426113-1-52-01. The
DEPARTMENT may utilize this deposit for payment of the contingency costs of the
PROJECT.
(b) The CITY understands that the construction contingency costs are subject to increase(s)
and agrees to provide additional funds in the event of any increase(s). The
DEPARTMENT will notify the CITY as soon as any increase(s) become apparent;
however, failure of the DEPARTMENT to so notify the CITY shall not relieve the CITY
from its obligation to provide for all of the construction contingency costs during the
PROJECT and on final accounting. The CITY shall provide additional deposit(s) under
specified situations within the stated time period as follows:
i. If the accepted PROJECT bid amount plus allowances is in excess of the
estimated 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 PROJECT bid, whichever is earlier. If the
CITY cannot provide the additional deposit within fourteen (14) days, a
letter must be submitted to and approved by the DEPARTMENT's
PPROJECT Manager 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.
ii. Should PROJECT modifications or changes to bid items occur that result in
an increase to the PROJECT costs, the CITY agrees to provide, without
Page 4 of 14
Locally Funded Agreement betiveen the City of Miami
and the Florida Department of Transportation, Financial PROJECT Number 426113-I-52-01
delay, an additional deposit upon notification from the DEPARTMENT and
in advance of the additional work being performed. Construction
contingency costs not paid within 40 (forty) 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.
iii. In the event the final accounting of total PROJECT costs related to the CITY
right of way is greater than the total funds on deposit 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.
(c) 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 made to the Contractor, not when the
construction work is complete. All PROJECT cost records and accounts 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 contingency costs pursuant to the
terms of this Agreement is less than the total deposits 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.
Page 5 of 14
Locally Funded Agreement between the City of Miami
and the Florida Department of Transportation, Financial PROJECT Number 426113-1-52-01
(d) The payment of funds under this Locally Funded Agreement will be made directly to
the DEPARTMENT for deposit and as provided in the attached Exhibit "D", Escrow
Agreement ("EA") between the CITY, the DEPARTMENT and the State of Florida,
Department of Financial Services, Division of Treasury.
All interest earned will remain in the account to cover cost overruns.
(e) 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 (525,000.00) and which have a term for a period of more than
one year."
4. Effective Date of this Agreement. This Agreement shall become effective upon execution
by the CITY and the DEPARTMENT, which is the date set forth on page one (1) hereof.
Page 6 of 14
Locally Funded Agreement between the Clry of Miami
and the Florida Department of Transportation, Financial PROJECT Number 426113-1-52-01
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: City of Miami -Capital Improvements and
Transportation Program
Miami Riverside Center
444 SW 2°a Avenue, 81h Floor
Miami, Florida 33130
Attention: Jose L. Lago, PE, CFM
Ph: (305) 416-1252; Fax: (305) 416-2153
Email:jlago i maimigov.com
(b) If to the DEPARTMENT: Florida Department of Transportation
1000 NW 111 Avenue, Room 62O2B
Miami, Florida 33172
Attention: Mansur Husain, Senior Contract Analyst
Ph: (305) 470-5112; Fax: (305) 640-7556
Email: Mansur. Husain@dot. state. fl.us
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 7 of M
Locally Funded Agreement between the City of Main
and the Florida Department of'Transportation. Financial PROJECT Number 426113-1-52-01
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. `Valuer. 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; provided that the parties further acknowledge that
certain additional actions by the CITY may require approval by the CITY Council, and, to the
extent such approval is required by applicable law, obtaining such approval shall be a condition
to the obligations of the CITY under this Section.
Page 8 of 14
Locally Funded Agreement between the 007 of Munni
and the Florida Department of Transportation, Financial PROJECT Number 426113-1-52-01
14. Governing Lav,-. 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
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 LEFT BLANK INTENTIONALLY
Page 9 of 14
Locally Funded Agreelnenl between the Cir,, of Miami
and the Florida Department of Trwisportcrtion, Financial PROJECT Number 426113-1-52-01
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 Mayor or designee, and the STATE
OF FLORIDA DEPARTMENT OF TRANSPORTATION, signing by and through its District
Secretary, each duly authorized to execute same.
CITY OF NIIANII:
BY:
CITY MAYOR
STATE OF FLORIDA,
DEPARTMENT OF TRANSPORTATION:
BY:
DISTRICT SECRETARY
ATTEST: ATTEST:
(SEAL) CITY CLERK (SEAL) EXECUTIVE SECRETARY
CITY ATTORNEY
LEGAL REVIEW:
DISTRICT CHIEF COUNSEL
Page 10 of 14
Locally Funded Agreement beiiti°een the City of Miami
and the Florida Department of Transportation, Financial PROJECT Number 426113-1-52-01
EXHIBIT `A'
SCOPE OF SERVICES
The PROJECT work consists of non -participating federal funding items related to the construction of
a bridge replacement along NW 34th Avenue from approximately north of SR 836 / Dolphin
Expressway to NW 14th Street in accordance with the plans and specifications as approved by the
DEPARTMENT, attached hereto and incorporated by reference.
PROJECT LIMITS: NNV 34th Avenue (a road not on the State Highway System) from
approximately north of SR 8361 Dolphin Expressway to NW 14th Street
DEPARTMENT Financial PROJECT Number: 426113-1-52-01
LIMITS OF CITY OF MIAMI RIGHT OF WAY WTHIN THE LIMITS OF TETE PROJECT: Nib'
34th Avenue corridor, further described as follows: NW 34th Avenue right of way, as measured
from the center line, between north of SR 836 / Dolphin Expressway to NW 14th Avenue.
COUNTY: Miami -Dade
DEPARTMENT PROJECT Manager: Bao-Ying Wang, PE
CITY PROJECT Manager: Jose L. Lago, PE, CFM
Page C l of 14
Locally Funded Agreement between the City of Miami
and the Florida Department of Transportation, Financial PROJECT Number 426113-1-52-01
EXHIBIT `B'
FINANCIAL SUMMARY
The DEPARTMENT's Work Program allocates the following funding, programmed under Financial
PROJECT Number 426113-1-52-01, for PROJECT completion.
Fiscal Year: Amount: Fund Type:
2019 $80,000.00 Local Funds (LF)
CITY OF MIAMI FINANCIAL RESPONSIBILITY: $ 80,000.00
Incorporated herein by reference is Exhibit "B1", cost estimate.
Page 12 of 14
Locally Funded Agreetnent between the City of Miami
and the Florida Department of Transportatiam, Fifurncial PROJECTtINumber426113-1-52-01
EXHIBIT °B1'
COST ESTIMATE
Item Cost
1. 5% of Construction Cost $80,000.00
TOTAL $50,000.00
Page 13 of 14
Locally Funded Agreement 6eliveen the City of Miami
tired the Florida Department of'Transportation, Financial PROJECT Number 416113-1-51-01
EXHIBIT `C'
CITY RESOLUTION
To be attached hereto and incorporated herein once ratified by the City of Miami Council.
Page 14 of 14
LocalPv Funded Agreement between the Ciry of Miami
and the Florida Department of'Transpa7alion, Financial PROJECT Number 426113-1-52-01
EXHIBIT "D"
THREE PARTY ESCROW AGREEMENT
THIS AGREEMENT is made and entered into by and between the State of Florida,
Department of Transportation ("FDOT"), the City of Miami ("CITY"), and the State of Florida,
Department of Financial Services, Division of Treasury ("Escrow Agent"), and shall become
effective upon the Agreement's execution by Escrow Agent.
WHEREAS, FDOT and CITY are engaged in the following project ("Project"):
Project Name: NW 34th Avenue Bridge over Comfort Canal
Project #: 426113-1-52-01
County: Miami -Dade
WHEREAS, FDOT and CITY desire to establish an escrow account for the project.
NOW THEREFORE, in consideration of the premises and the covenants contained
herein, the parties agree to the following:
An initial deposit will be made into an interest bearing escrow account established
hereunder for the purposes of the Project. The escrow account will be opened
with the Escrow Agent on behalf of FDOT upon Escrow Agent's receipt and
execution of this Agreement.
2. Other deposits to the escrow account may be made during the life of this
agreement.
Deposits will be delivered in accordance with instructions provided by the Escrow
Agent to the FDOT for deposit into the escrow account. A wire transfer or ACH
deposit is the preferred method of payment and should be used whenever
possible.
4. FDOT's Comptroller or designee shall be the sole signatory on the escrow account
with the Escrow Agent and shall have sole authority to authorize withdrawals from
the account. Withdrawals will only be made to FDOT or the CITY in accordance
with the instructions provided to the Escrow Agent by FDOT's Comptroller or
designee.
5. Moneys in the escrow account will be invested in accordance with section 17.61,
Florida Statutes. The Escrow Agent will invest the moneys expeditiously. Income
is only earned on the moneys while invested. There is no guaranteed rate of
return. Investments in the escrow account will be assessed a fee in accordance
with Section 17.61(4)(b), Florida Statutes. All income of the investments shall
accrue to the escrow account.
350-020-300-o
Page 2of3
6. Unless instructed otherwise by FDOT, all interest accumulated in the escrow
account shall remain in the account for the purposes of the Project.
7. The Escrow Agent agrees to provide written confirmation of receipt of funds to
FDOT. FDOT agrees to provide a copy of such written confirmation to CITY upon
request.
The Escrow Agent further agrees to provide quarterly reports to FDOT concerning
the escrow account. FDOT agrees to provide a copy of such quarterly reports to
CITY upon request.
9. The Escrow Agent shall not be liable for any error of judgment or for any act done
or omitted by it in good faith, or for anything which it may in good faith do or refrain
from doing in connection herewith.
10. Escrow Agent shall have no liability for any claim, cost, expense, damage or loss
due to the acts or omissions of FDOT and CITY, nor from any separate agreements
between FDOT and CITY and shall have no responsibility to monitor or enforce
any responsibilities herein or in any separate agreements associated with this
Agreement between FDOT and CITY.
11. This Agreement shall be governed by and interpreted in accordance with the laws
of the State of Florida.
12. This Agreement may be executed in two or more counterparts, each of which shall
be deemed an original, but all of which together shall constitute one and the same
instrument.
13. This Agreement shall terminate upon disbursement by the Escrow Agent of all
money held by it in the escrow account in accordance with the instructions given
by FDOT°s Comptroller or designee and notification from FDOT to Escrow Agent
that the account is to be closed.
The remainder of this page is blank.
350-020-300-o
Page 3of3
IN WITNESS WHEREOF, the parties have duly executed the Agreement on the date(s)
below.
For FDOT-OOC (signature)
Name and Title
59-3024028
Federal Employer I.D. Number
Date
MOT Legal Review:
For Escrow Agent (signature)
Narne and Title
Date
For CITY (signature)
Name and Title
Federal Employer I.D. Number
Date