HomeMy WebLinkAboutExhibit - AgreementLOCALLY FUNDED AGREEMENT
THIS LOCALLY FUNDED AGREEMENT (hereinafter 'Agreement) is made and entered into this
day of ) 20_, between the CITY OF MUTAII, 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 DEPARTMENT has jurisdiction.,9
968/SW Is' Street corridor within the corporate limits of the
WHEREAS, the CITY has requested the DEPART
nineteen (19) decorative light poles along S.R, 968/SW 1
Avenue; and
WHEREAS, the DEPARTMENT has aigrced t6"ffi�
decorative light poles along is, Stree .from Fl
the terms and conditions detailed in iffis Agreement, andw.,
and maintains State Road (S,R.)
; and
).:.install or cause-.-fb be installed
from Flagler Street to SW 17'
e to be installed nineteen (19)
. Street to SW 17'h Avenue, subject to
costs, under financial project number 414633-
2-52-0?1I'
associated witl��tli"e"iiastallatiq'i'i,�of the nineteen (19) decorative light poles alonalongS.R. 968/SW
.
I` Street ff. Flagler Street to SW IV" Avenue, hereinafter collectively called the 'PROJECT', and
as detailed in the attached Exhibit "A", "Scope of Services", which is herein incorporated byreference;
and
WHEREAS, the parties are authorized to enter into this Agreement pursuant to Sections
334.044(7) and 3309.12 (2006), FloHda Statutes, and authorize its officers to do so.
Page 1 of 20
Locally FundeddAgareement heh4ven the City of Miami
and the Florida Department of Transportation, Financial Project AWnber 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
r
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
?. General Require�inents -- -
(a) A true and correct copy of the Resolution of the ;CITY Commission approving flus
Agreement is attached hereto as Exhibit "C', `CITY OF MIAMI RESOLUTION', and
is incorporated herein by reference
(b) E -Verify:
The CITY/ Contractors or Vendors shall:
i. Utilize. the U.S. Departrnet of Homeland Security's E -Verify system to
ify the employment eligibility of all new employees hired by the
ractor during the term of the Agreement; and
subcontractors performing work or providing services
o the state contract to likewise utilize the U.S. Department of
Security's E -Verify system to verify the employment eligibility
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 20
Locally Funded Agreement between the City of Uiami
and the Florida Deparnn.ent of Transportation, Financial Project Nt, ?nber 414633-2-52-02
(c) The DEPARTMENT uTill administer and construct the PROJECT in accordance with
the 'signed and sealed PROJECT plans and as -detailed inthe-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; nr the aggregate amount of
:ONE HUNDRED THIRTY THREE THOUSAND DOLLARS (S133,000.00), for the
PROJECT, subject further to the provisions ul Section3 of this _Agreement and as
outlined in the attachment Exhibit "B "Financial Summary', which is :herein
incorporated. by reference. -
(e) The DEPARTMENT Contractor will not commerce work on the PROJECT until CITY
funding for the PROJECT is on deposit with the DEPARTMENT.
(f) Upon the receipt, authorization and encumbrance of funding received from. the CITY as
a result of this Ab Bement, the DEPARTMENT Contractor will commence work on the
PROJECT"'<:
3. Financial Prm,isions
(a) The CITY. agrees"'_-'
grees that: it will; no later than thirty (30) calendar days after the
DEPARTMENVs execution of this Agreement, furnish the DEPARTMENT an
'` advance deposit m- the amount of ONE HUNDRED THIRTY THREE THOUSAND
DOLLARS (5133,000.00) for fall payment of the estimated PROJECT cost for Locally
Funded
,project number 414633-2-2-02. 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 20
Locally Funded Agreement between the City of-Viami
and the Florida Department of Transportation, Financial Project M miber^ 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 equal to the bid amount plus allowances. The
DEPARTMENT will notify the CITY as soon as it, becomes apparent the accepted bid
arnount,,plus allowances, is in excess of the advance deposit amount. However, failure
of the DEPARTMENT to so notify the CITY shall not r'i Yj e the CITY from its
obligation to pay for its full participation or'final accounting as provrded herein below.
If the CITY camiot provide the add trona? deposit ti 'thin fourteen (14) days, Q letter
must be submitted to and approved by the DEPARTMENT's proj ect manager indicating
when the deposit will be made The CITY understands the request and approval of the
additional tirne could delay the"PROJECT, and addrtzonal-costs may be incurred due to
a delay of
(c) If accepted bld: amount plus allowances i less than the advance deposit amount, the
DEP R-TMENT will refund "`i ie ai Zount that the advance deposit exceeds the bid
amount plus alowances,f such refund is requested by the CITY in writing.
(d) `' Should PROJECT—modifications or changes to bid items occur that increase the CITY's
shares ofr 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
Page 4 of 20
Locally Ftnded Agreement behveez the City of Miami
and the Florida Department of Tra:nsp07-tati072, Financial Project Afumber 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 heroin 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.).
The DEPARTMENT intends to have its final aid complete accounting of all costs
incurred in, connection with the work performed*:.,.h, e"rbunder within three hundred and
sixty (3 60) days of final payment to the 'd'-' - ontracton:."The DEPARTMENTconsidersthe
PROJECT complete when final payment has 13'ecii.mad&-to the Contract r, not when the
construction work is complete. All PROJECT 0 and accounts shall be subject
to audit conducted within Miami Dade County by a representative of the CITY for a
period of three (3) years after fin"al el'ose'out of .the PROJECT. The CITY will be
notified of,..the fin , alcost. Both parties agree that in the event final accounting of total
PROfEC'T''6'�s,ts pursuant to the terms of this agreement is less than the total deposit to
date, a refund
offheexcess-W -binade by the DEPARTMENT to the CITY as soon
, -�,.
as practical:If the final accounting is not performed within three hundred and sixty
-,-",-,--
(3 6 0) days, the -CITY is n - ot relieved from its obligation to pay.
In the, event -al accounting of total PROJECT costs is greater than the total deposits
to date,Y will pay the additional amount within forty (40) calendar days from
the date of the "proper invoice", as such term 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.
Pan 5 of 20
0
Locally Funded,4,-reeMent beNve72 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 v
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 construed to violate the provisions of Section
339.135(6)(a), Florida Statutes, which provides as follows _
"The Department, during any fiscal year
enter into any contract which, by its terrz
of the amounts budgeted as available for
contract, verbal or written,
money may be paid on such.
the Comptroller of:the Depa:
prevent the
one year
not expend money
r any liability, or
(he expenditure of money in excess
ture during such fiscal year, Any
is null and void, and no
require a statement from
>uch funds' are available prior to entering into
tment of funds. Nothing herein contained shall
periods exceeding one year, but any contract so
value of the services to be rendered or agreed to
seeding fiscal years; and this paragraph shall be incorporated verbatim
(he Department which are for an amount in excess of TWENTY FIVE
LLARS ($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 on page one (1) hereof,
Page 6 of 20
Locally Funded green?.ent between the City of Miami
and the Florida Department of Tra.r2sportation, Financial Project Number 414633-2-52-02
U
0
7
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 ofthe fact that for any reason any other or others of them maybe invalid or unenf orceable
in whole or in part.
Amendment of Agreement. This Agreement inay only be ainendeH mutual agreement of
the DEPARTMENT and the CITY, expressed in writing and, -*'executed and delivered by each.
Notices. All notices,'requests, demands and other communications required or pennitted under
this Agreement shall be in writing and shall be deemed to Have been duly given, ivade and
. .
a -
received when delivered (personally, by courier `Sen ice 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 foi-tl
(a) If to the CITY: City of Mia
444 SW,2nd
Miami, Flo?
- Attention �:
below:
ida 33130
uvei�ial Santana, Assistant Public Works Director
(b) If to the DEPARTMENT Florida Department of Transportation
1I)OO NW 1-1'1 Avenue, Room 6202B
Miami, F1'oi-ida X3172
Attention: Pablo Valin, Senior Contract Analyst
Any,,
_p any may
notice` of'such
giving of not "
Entire Agreen
which communications or copies are to be sent by giving
change ofaddress in conformity with the provisions of this paragraph for the
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 7 of 20
Locally Funded Agreement between the City of Miami
and the Flor^ida Departmv?t of Transportation;. Financial Project Number 414633-2-52-02
9. Binding Effect. TI -ds 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 ...... .
Agreeinerlt 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 nota party;to this Agreem6fit-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 A cement; provided that the parties further acknowledge that
certain additional actions'by the CITY may require approval by the CITY Commission, 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.
14. Governing Law. This Agreement and the interpretation of its temis shall be governed by the
laws of the State of Florida, without application of conflicts of law principles. Venue for any
Page 8 of 20
Locally Fu71ded,4greemeat behveen the City oflvliami
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 -------------------------
Pa.-e 9 of 20
Locally Funded A reement benveen the City of Miami
and the Florida Department of Transportation, Firaancio.l Project A%ttmbe, 414633-2-52-02
IN FITNESS WHEREOF, the parties hereto have made and executed this Agreement on. the day
and yedr 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.
Page 10 of 20
Locally Fin ded A reeinent between the Gita, of Miami
and the Florida Department of Transportation, Financial Project M mber 414633-2-.i2-02
EXHIBIT `A'
SCOPE OF SERVICES
The PROJECT work consists of the installation of nineteen (19) decorative light poles along S.R.
968/SW I" Street from Flagler Street to SW 17th Avenue in the CITY, The PROJECT is further
defined in Exhibit "Al ", PROJECT plans (incorporated herein by reference. The CITY has
requested that. the decorative light poles be of certain style and the DEPARTMENT will install there
with the current project along S.R. 968/SW l' Street from Fla-gler Street fo SW`17th Avenue,
PROJECT LIMITS: S.R. 968/SW 1st Street from Fla -ler Streef to S�vV 1'7I Avenue
DEPARTMENT Financial Project Number: 414633
COUNTY: Miami -Dade
DEPARTMENT Project Manager
Adriana Manzan
CITY Project Manager: J enal Santana
83
Pap 11 of 20
Locally FundedAgreenelt between the City of Miami
and the Florida Department of Transportation, Financial Project Number 414633-2-52-02
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Page 12 of 20
Locally Funded Agreement beNveen the Cit)) Of Mianl.i
and the Florida Departn�.ent of Transportatio72, Financial Project MUMber 414633-2-52-02
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Page 13 of 20
Locally FiMded Agreement betiveen the City of Miami
and the Florida Department of Transportation, Financial Project Number 414633-2-52-02
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Page 14 of 20
Locally Funded Agreement between the City of Miami
and the Florida Department of Transportation, FinancialProjectNumber 414633-2-52-02
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Pale 15 of 20
Locally Funded A-reem.eit between the City of Miami
a77d the filorida Department of Transportation, Financial ProjectArUMbe' 414633-2-32-02
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Page 16of2O ,
LocallvFzt7idedAa7,ee?iieitbetwee)i the City of Miami
and the Florida Department of Transportation, Financial Project Number 414633-2-52-02
P
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Pa. -e 17 of 20
Locally Funded Agreement bet)ti,ee7j the City OfMiaMi
and the Florida Department of Transportation, Financial Project Namber 414633-2-52-02
Pa. -e 18 of 20
LocaI4� Funded Agi-eement between the City ofMiami
and the Florida Department of Transportation, Financial Project Number 414633-2-52-02
EXHIBIT'BI
INA-CIAL SUMMARY
The DEPARTMENT's Work Program allocates the following funding, programmed under Financial
Project Number 414633-2-52-02, for PROJECT completion:
Page 19 o'20
Locally Funded Agareement between. the City of Miami
and the Florida Department of Transportation, Financial Project Ninnaber 41,11633-2-52-02
,piXHIB IT 6 C '
CITY OF MIAMI RESOLUTION
To be attached hereto and incorporated herein once ratified by the CITY Corrunission,
Page 20 of 20
Locally Famded Agreement between the City of-Mami
and the Florida. Department of Transportation, Financial Project Mumber 414633-2-52-02