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Local Agency Program Agreement~mor_ a rya ~(j CVNS~UL7 OGC-U State of Florida Department of Transportation "'~=' ° LOCAL AGENCY PROGRAM AGREE~'VlENT FPN: 2 51 ~ 1 Fund: FLAIR A ro Federal No: Org. Code: ~ 5 r7 f„ y t7 I n~ I ~ PP P' FPN: FLAIR Obj.: Fund: FLAIR A r Federal No: Org. Code: PP °P' Coun No. 1 v4 rl ~ PLAIR Obj.: b Contract No: ~ / ~ Vendor No.; V i= 54f,,. ~rr->-t ~ •~_ Catalog of Federal Domestic Assistance (CFDA): 20.205 Highway Planning and Construction THtS AGREEMENT, made and entered into this a~ day of J;, ~ a C(7 ~} and between the STATE OF FLORIDA DEPARTMENT OF Tr2ANSPORTATlO , an agency ofthe State of Florida, hereinafte called the Department, and Ci tv of Miami Beach hereinafter called the Agency. WITNESSETH: WHEREAS, the Agency has the authority to enter into said Agreement and to undertake the project hereina`er described, and the Department has been granted the authority to function adequately in all areas of appropriate jurisdiction including the implementation of an integrated and balanced transportation system and is authorized under Section 334.044, Florida Statutes to enter into this Agreement; NOW, THEREFORE, in consideration of the mutual covenants, promises and representations herein, the parties agree as follows: 1.00 Purpose of Agreement: The purpose of this Agreement is to provide for the Departments participation in Dade Bl va B~ ke Yaith and as further described in Exhibit "A" attached hereto ono by this reference made a part hereof, hereinafter called the prniect, and to provide Departmental financial assistance to the Agency and state the terms and _,-coctsiitions uporrwhichsuch assistance will be provided and the understandings as to the manner in which the project will be undertaken and completed. 1.01 ModiTicatlons and Additions: Exhibit(s) 1 are attached hereto and by this reference made a part hereof. 2.D0 Accomplishment of the Project: 2.01 General Requirements: The Agency shall commence, and compete the project as described in EXHIBIT "A" with all practical dispatch, in a sound, economical, and efficient manner, and in accordance with the provisions herein, and all applicable laws. The project wit! be performed in a~ordance with all applicable Department procedures, guidelines, manuals, standards, and directives as described in the Department's Locaf Aaenw Proo~am Manual, which by this reference is made a part hereof as if fully set forth herein. A full lime employee of the Agency, qualified to ensure that the work being pursued is complete, accurate, and consistent with the terms, conditions, and specifications of this Agreement shall be in charge of each project 2.02 Expiration of Agreement: The Agency agrees to complete the project on or before _ I ~, ~~ (l ,~ If the Agency does not complete the project within this time period, this Agreement will expire on the last day of scheduled completion as provided in this paragraph unless an extension of the time period is requested by the Agency and granted in writing by the DEPARTMENT prior to the expiretion of the Agreement Expiration of this Agreement will be considered termination of the project The cost of any work performed after the expiration date of the Agreement wilt not be reimbursed by the Department 2.03 Pursuant to Federal, State, and Local Law: In the event that any election, referendum, approval, permit, notice, or other proceeding or authorization is requisite under applicable law to enable the Agencyto enter into this Agreement onto undertake the project hereunder, or to observe, assume or carry out any of the provisions of the Agreement, the Agency will initiate and consummate, as provided by law, all actions necessary with respect to any such matters sc requisite. 2.04 Funds of the Agency: The Agency shall initiate and prosecute to completion all proceedings necessary, including Federal- aid requirements. [o enable the A en rORM S:S-0IG.. C~NSTRUCTip' • 9 cY to provide the necessary funds for completion of the project, ouc-uiro 2.OSSubmission of Proceedings, Contracts and "•s~:or, repots, records, contracts and other doc Other Documents: TheA Administration may require. uments re;afing tc the project asetne De Ila ubmit to the Departmontsuch data, P rtmen~ and the Federal Highway 3.00 Project Cost: 3.07 Total Cost: The estimated total rost of the project is $ 2, 1 8 ~ , 000.00 the schedule of funding in Exhibit "B"attached hereto and by this reference made a part hereof. The A en expenses in excess of the total post of the project and any deficits involve . This amount is based upon mutual agreement as provided for ir, 4.00. 9 cyagrees to bearali d The schedule of fundin 3.02 Department Participation: The Department a r~ P P g may be modified by participation. n9 contingencies, in the project cost to the extent provided in Exhibit "B". This amount includes Federal aid funds whichlare' limfted to the actual amount of Fedora!-aid hs AgreemenLDt is understood that Departmenttpartic p~ation ipn eligible project costs is sub' F rticipation will be allowed only from the date of a) Legislative approval of the pepartmenYs a loot to: scheduled to be committed; PProP~ation request in the work pro9rem year that the project is b) Availability of funds as stated in paragraphs 3.04 and 3.05 of this Agreement; c) Approval of at! plans, specifications, contracts or other obligating documents and ail other terms of this Agreement; dj Decartment approaal of the project sco p_ antl budget at the time appropriation authority becomes available. 3.04 Appropriation of Funds: The Department=s performance and obligation to an annual appropriation by the Legislature, if the Gepartment's funding forthis projectis in multiple fiscal ea from the Departments Comptroller must be received each fiscal yearprior to coststs beingencurrred.r S eeFt is conhngent upon Y rs, funds approval levels by fiscal year. Project costs utilizing these fiscal year funds are not eligible for reimbursement if incurred prior to funds approval being received. The Department will notify the Agency, in writin -xhibit 8 for funding 3.05 Multi-Year Commitment: In the event this Agreement is in excess o9 when funds are available. one year, the provisions of Section 339.135(6)(a), Florida Statutes, are hereby inco $25,000 and has a term for a period of more than "(a) The department, Burin an rporated. contract which, by its terms involves the expenditure ofpmoney ineexcessr f the amounts budgeted as available for expenditure Burin tY• or enter into any subsection is null and void, and no mono al year. Any contract, verbal or written, statement from the coin y mat be paid on such contract made in violation of this contract or other binding colmmitment o Pfu ds.nt that funds are available pnorto enteringsptolany sreh contracts for periods exceeding 1 year, but any oon~~ So made 1shalol be executoall services to be rendered or agreed to be Prevent the making of incorporated verba8m in ail contracts of the Department wh ch are fo aan amount n exit for the value of the which have a term fora Y and this paragraph shall be period of more than 1 year." cess of $25,000 and 3.06 Notice to Proceed: No cost ma be incurred under this contract until the A the Department y , gency has received a Notice to Proceed from 3.07 Limits on Federal participation: Federal-aid funds shall not participate in any cost which is not incurred in rnnformi with applicable Federal and State law, the regulations in 23 C. F. the Division Administrator of the Federal Hi hwa R. and 49 C.F.R., and policies and procedures prescribed by cost incurred prior to authorization b 9 Y Administration (F1iWq), Federal funds shall not be paid on account of any cost, (23 CFR 1.9 a Y the FHWA to the Department to proceed with the ro' may be approved in ~e mould de( t~'Dedp b adequa~insu that any amount claimed is not eligib e~Federal palrtiapation the reasons why items and amounts are not eligible for Fede~~~ the Department shallnoti provisions of law or FHWA requirements o ' Partici ation. Where cot, ry theAgency in writing citing _xists, Federal funds ma P ectable non-cam h Y be withheld unlit ~,,,,,.,,;____ •_ ... P once with F00.N 325-010. COYSTRU(77( compliance is not cortectable, FHWA or the Department ma den x`-01 Y y participation in parcel or project costs in part or ir. total For any amounts determined to be ineligible for Federal reimbursement forwhich the Department has advanced payment, the Agency shall promptly reimburse the Department for all such amouns within 90 days of written notice. 4.00 Project Estimate and Disbursement Schedule: Prior to the execution of this Agreement, a project schedule of funding, shall be prepared by the Agency and approved by the Department The Agency shall maintain said schedule of funding, carry out the project and shall incur obligations against and make disbursements of project funds only in conformity with the latest approved schedule of funding for the project. The schedule of funding may be revised by mutual written agreement between the Department and the Agency. If revised, a copy of the revision should be forwarded to the DepartmenPs Comptroller and to the Department's Federal-Aid Program Office. No increase or decrease shall be effective unless it complies with fund Participation requirements established in Exhibit "B" of this Agreement and is approved by the Department's Comptroller. 5.00 Records: 5.01 Establishment and Maintenance of Accounting Records; Records of costs incurred under terms of this Agreement shall be maintained and made available upon request to the Department atoll times during the period of this agreement and for five(5) years after final payment is made. Copies of these documents and records shall be furnished to the Department upon request Records of costs incurred includes the Agencys general accounting records and the project records, together with supporting documents and records, of the Agency and all sutx~ntractors performing work on the projeC, and aU other records of the Agency and subcontractors considered necessary by the Department for a proper audit of costs. If arty litigation, claim, oraudit is started before the expiration of the five(5) year period, the records shall be retained until all litigation, claims, or audit findings involving the records have been resolved. excess of the latest approved s hedule of fund ng or attrtbufable to actions which }rave not receivedq ~ ~~~ COSts in Departrnent shall not be considered eligible costs. pproval of the 5.03 Documentation of Project Costs: All costs charged to the project, including any approved services contributed by the Agency orothers, shah be supported by properly executed payrolls, time records, invoices, contracts orvouchers evidencing in proper detail the nature and propriety of the charges. 5.04 Audit Reports: Recipients of Federal and State funds are to have audits done annually using the following criteria: Federal awards are to be identified using the Catalog of Federal Domestic Assistance (CFDA) title and number, award number and year, and name of the awarding Federal agency. State awards will be identified using the Catalog of State Financial Assistance (CSFA) title and number, award number and year, and name of the awarding State Agency. In the event that a reci lent e _ Y p program specific audit conductednm accordance w th the Unite Ste esi rd0~ a of Management and Budget (OMB) Circlular A-133. If a recipient expends less than $300,000 in Federal awards during its fiscal year, an audit conducted in accordance with the OMB Clrcutar A-133 is not required. If a recipient expends less than 3300,OOD in Federal awards during its fiscal year and elects to have an audit conducted in accordance with OMB Circular A-133, the cost of the audit must be paid from non-Federal funds. Reporting Packages and management letters generated from audits conducted in accordance with OMB CircularA-133 shall be submitted to the awarding FDOT office, by the recipient, within 30 days of receiving it The aforementioned items are to be received by the appropriate FDOT office no later than 9 months after the end of the recipients fiscal year. The recipient shall follow up and take corrective action on audit findings. Preparation of a summary schedule of prior year audit (ndings, including corrective action and current status of the audit finding is required. Current year audit findings require oorrecfive action anC status of finding. records related to unresolved audit findings, appeals, or litigation shall be retained until the action is completed orthe dispute s resolved. Access to project records and audit work papers shall be given to the FDOT, the Comptroller, and the Office of the luditor Genera}. 'he recipient shalt submit required audit documentation as follrxvc• Fowu s:;.~„ couscR;rrn A Re ortin e °c~-~~ sent to: P g , ackage and Data Collection Form for each audit conducted in accordance wilt OMB Circular A-133 shat t Federal Audit Clearinghouse Bureau of the Census 1201 East 10°1 Street Jefferson, IN 47132 5.05 Inspection: The Agency shalt permit. and shall require its contractors to permit the De representatives and authorized agents of fhe Federal Highway Administration to inspecf all work, payrolls, records and to audit the books, records and accounts Fartment's authorizes pertaining to the financing and deve prment of tphe p Ofe~ls' The Department reserves the right to unilaterally canoe! this .Agreement for refusal by the A en of Chapter 1rlgaFjoaaa S'~natutes. alnd madecor received io ranjunct on with this Agreement. papers, letters or other mater subject to the provis on (Section 287.058(1)(c). Florida Statutes) 5.06 Uniform Relocation Assistance and Real Property Statistical Report For any pro'ed the Agency must submit to the Department an annual report of its real ro e on the project Activities shall be reported on a federal fiscal year basis, from Octaber 1 through Septembero30! Theorepor, must be prepared using the format prescribed in qg CFR 24, q P P ~ acgwsRion and relocation assistance acfrvdies October 15 each year. Ppendix i3 and be submitted to the Department no later than 6.00 Requisitions and Payments: Requests for reimbursement for fees ar other compensation for services or expens=_s incurred shall be submitted in detail sufficient for a proper pre-audit and post-audit thereof. Se Statutes) ( coon 287.058 1 a , F ( )O pride All recipients of funds from this agreement, including G':ose contracted by the Agency, must submit Dills loran when authorized by the terms of this agreement, in accordance with Section 112,061 Florida Statutes and Chapter 3-Travel of the Department's Disbursement Operations Manual, Topic 350-030-400. y travel expenses, (Section 287.058(1)(b), Florida Statutes) If, after project completion, any claim is made by the Department resulGn pursuant to this Agreement, the Department may offset such amount from 9 from an auditor for work or sevices pertormed agreement which it has with the Agency ~,,,ing such amount if, upon demand, payment of the mount snot made within 60 Department days to the Department Offsetting any amount pursuant to this section shall not be considered a breach of contract by the 7.OD The Department's Obligations: Subject to other provisions hereof, the Department will honor requests for the Project and payment of the elig ble costsn Howemer, notwithstandi g any otherprovision ofthis Agreemen may elect by notice in writing not to make a a P Per to ensure the carying out of p yment if; k the Department T.01 Misrepresentation: The Agency shall have made misrepresentation of a material nature in its application, or any hereto; supplement thereto or amendment thereof, or in or with respect to any document of data furnished therewith or pursuant 7.02 Litigation: There is then pending litigation with respect to the performance b obligations which may jeopardize or adversely affect the project, fhe Agreement or a y the Agency of any of its duties or 7.03 Approval by Department: TheAgency shall have F yments to the project; requires the approval of the De taken any actior, pertaining to the ro'e., partment or has made related expenditure or incurred related obliga6!ons withou! ha9rng b~~ advised by the Department that same are approved; 7.04 Conflict of Interests: i nere has been any violation of fhe contiict of interest provisions coniairted herein; or Agreement 7.05 Default: The Agency has been determined by the Department to be in default under any of the provisions of the FORM 3:5-p COPIS7RUC 7.06 Federal Participation; The De artmen! °"c- FHWA, or the Department acting in lieu of the FHWA,u ay designate' ant neGgiblemfo ~Federa,~a d n of the projec; whi hf 7.07 Disallowed Costs: In determining the amount of the payment, the Department wilt exclude all projects costs incurred the Agency prior to the effective date of this Agreement or the date of authorization, costs incurred after the expiration of t Agreement, costs whrh are not provided for in the latest approved schedule of funding for the project, and costs atbibutable goods or services received under a contract or other arrangements which have not been approved in writing by t; Department 7.08 Final Invoices: The Agency must submit the final invoice on the project to the Department within 120 days after tt completion of the project Invoices submitted after the 120 day time period will not be paid. 8.00 Termination or Suspension of Project: 8.01 Ternlnatlon or Suspension Generally: The Department may, by written notice to the Agency, suspend any oral) of it obligations under this Agreement until such time as the event or condition resulting in such suspension has ceased or bee, corected, or the Department may terminate this Agreement in whole or in part at any time the interest of the Departmen requires such termination. tf the Department determines that the performance of the Agency is not satisfactory, the Department shall have the option of (a) immediately terminating the Agreement or (bj suspending ttie Agreement and notifying the Agency of the deficiency with a requirement that the deficiency be corrected within a specified time, otherwise the Agreement will be terminated at the end of such time. Suspension of the contract will not affect the time period for completion of the agreement if the Department requires termination of the Agreement for reasons other titan unsatisfactory perfomrance of theAgency the Department shall notify the Agency of such termination, with instructions as to the effective date of termination or specify the stage of work at which the Agreement is terminated, If the Agreement is teminated before performance is completed, the Agency shall be paid for the work satisfactorily performed. Payment is to be on the basis of substantiated costs. 8.02 Action Subsequent to Notice of Termination or Suspension. Upon receipt of any final termination or suspension notice under this paragraph, the Agency shall proceed promptly to carry out the actions required therein which may include any or all of the following: (aj necessary action to terminate or suspend, as the case may be, project activities and contracs and such other action as may be required or desirable to keep to the minimum the cents upon the basis of which the financing is to be computed; (b) famish a statement of the project activities and contracts, and other undertakings the cost of which are otherwise includable as project costs. The termination or suspension shall be canted out in conformity with the latest schedule, plan, and costas approved by the Department or upon the basis of terns and conditions imposed by the Department upon the failure of the Agency to famish the schedule, plan, and estimate within a reasonable time. The closing out of Federal financial participation in the project shall not constitute a waiver of any claim which the Department may otherwise have arising out of this Agreement FORM T,iJ~ W0 CON.TfR;J('r70N OGC' - m~01 9.00 Contracts of the Agency: rs n,r u.' i 5.01 Third Party Agreements: Except as otherwise authorized in writing by the Department, the Agency shall not exeate any contract or obligate itself in any manner requiring the disbursement of Department funds, inGuding consultant or ccnslructior, contracts or amendments thereto, with any third party with respect to the project without the written approval of+he Departrnent. FaNure to obtain such'approvaf shall be sufficient puse for nonpayment by the Department. The Department specifically reserves unto itself the right to review the qualifications of any consultant or contractor and to approve or disapprove the employment of the same.'_-. 9.02 Compliance wkh Consultants' Competitive Negotiation Act: tt is understood and agreed by the parties hereto that partlapabort bythe Departrceentin a project with an Agency, where said project involves a consultant contract for engineering, architecture or surveying services, is contingent on the Agency implying in full with provisions of Section 267.055, Florida Statutes, Consultants Competitive Negotlation Act. Ai the discretion of the Department, the Agency wiU involve the Department in the Consultant Selectior Process (or elk projects. In all cases, the Agency's Attorney shalt certify to the Department that selection has beefs accomplished ir, compliance with the Consultants' Competitive Negotiation Act. ' 10.00 Eltsad~rtaged Business Enterprise (DBE) Polley and Obllgatlon: iQOtDBEPoMer ItisthepoticyofttreDeparlmentthatdisadvantagedbusinessenterprtses,asdefinedin49C.F.R.Part26, '~ as artrended; sthal4 have ttse opporturrify to partidpate in the performance of contracts financed in whole or in. part with Departrnent funds under this Agreement. The DBE requirements of applicable Federal and State regulations apply to this 'Agreement.. 'J-, _ .. . 10.OT Dt3E E7bltpaHort: Tire Agency and ib contractors agree to ensure that Disadvantaged Business Ente in applicable Federal and State regufaflons, have Lhe oppo;tun to arti rP~s ~ ~~ Agreement it this r egard, aR recipients and contractors shall take all necessaary and easorable step~m armor ad nce with appliable Federal and States regulations, to ensure Ihat the Disadvantaged Business Enterprises have the opportunity to competefor and perform contracts. The Agency shall not discriminate an the basis of race, color, nations! origin or sex in the avrard and perfomrance of Qepartrnent assisted contracts. 10.03 Dlaadvarrtageef 8uafness Enterprise (DBE} Obllgatlons: If FederawTransft Administratan or F!•IWAFunding is a parf oflhis:project,ttre•4genry'mastcomptyovith-appGcableFederalandStateregutations. 11.00 CertlfiJ;atlon Regardlrrg Delrarmerrt, Suspension, Ineifgibility, and Voluntary Exclusion (Applicable to ail Fadera4ald contracts-19 CFR 29) Bysfgning and submitting this Agreement, the Agencq is providmg the certifiptlon set out belovr The inability of the Agency to provide the certifrcafion set out belowwill not necessarily result in denial of participation in this _ covered transaction. The Agency shall submit an explanation of why it cannot provide the centcation set out below. The eertificaGon or explanation will be cmnsidered in connection with the Department's determination whether to enter into this `~ ransactimr. "Norr"ever; failure of the Agency to furnish a certfication or art explanation shall disqualify such the Agency from participation in this transaction. The certificatlon `in this Cause is a material representation of fact upon which reliance was placed when the Department determined toenterinto this transaction. If it is later determined that theAgency knowingly rendered an erroneous cerfifip6on, in addition to other remedies available, Department may terminate this transaction for cause of default. The Agency shall provide immediate written nofice to the Department rf any time the Agency teams that its certification was erroneous when submitted or hasbecome eroneous byreason of changed cirwmstances. The terms covered transaction,' "debarred,' 'suspended,' ineligible,"lower tier covered transaction,' "participant,"'person,' primary covered transaction,' 'pnncipaP,"'proposal,' and' "volwntarily excuded,' as used in Nis clause, have the meanings set out in the Definitions and Coverage sectiortsot rulesimplementing Executive Order f 2549, Contact the Deparment (or assistance in obtaining a copy of those regulations. TheAgenry further agrees by submitting this Agreement that it shalt not knowingy enter into any contracts with a person who, debared, suspended, declared ineligible, or voluntarly excluded from participation in this wvered transaction, unless " authonzed by the Department. T[IR{l.(1Pf1N f11f}`1Rf'a/IIPPG JIV C;,timiii~r.,l.int\.....~."...~I,Lra A...:,~:~~~...._u.__._ .-.. ~ ._ FOY.M 5_ COFSTxI aGC _ Suspension, Ineligibility and Voluntary Exclusion-Lower Ter Covered Transaction; provided by the Department, wit ~ modification, in all contracts and in a0 solici'aliors for contracts. The Agency may rely upon a certification of a prospective sub-contracor that the person u not debased, suspended, ineliE or vduntarily excluded from the covered transac.ion, unless it knows that the certification is eroneous. The Agency decide the method and frequency by which it determines the eligibility of its sub-conV;3ctors. The Agency may, but is required to, check the nonprocurement portion of the -Lists of °arties l=xGuded From Federal Procurement or Nonprocurer Programs' (Nonprocurement List) which is compiled by the General Services Administration. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in g faRh the certification required by this Gause. The knowledge and information of the Agency is not required to exceed that w is normalty processed by a prodent person in the ordinary course of business dealings. .. - Unless authored by the Department, tl the Agency knowingly enters into a contrail with a person who is suspended, debar ineligible, or voluntarily excuded from participation in this trensacfion, in addition to other remedies available, the Departrr ""may terminate this transaction for cause or default. Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion: "" The Agency cues, by execution of this P,greement, that neither it nor its principals is presently debarted, suspend proposed for debarment, deGared ineligible, or voluntanly excluded from participation in this transaction by arty Fede department or agenq. . Where the Agency is unable to ceRify to any of the statemens in this certification, an explanation shall be attached to t proposal. -- 12.00 RssMctlons, Prohlbttlons, Controls, and Labor Provisions: 12.01 Equal Employment Opportunity: In connection with the cartying out of any project, the Aaencv shall nnr ~itU-.;~„c~- rates supplies or raw materials, and shall require all sup subcontract for standard commercial supplies or demolition, removal, site improvement, or similar wo 12.02 Tltb VI - Clvll Rights Act of 1964: The Agency will comply with all the requirements imposed by Title VI of the Cfv Right Act of 1964 (42 U.S.C. 2000d), the Regulations of the Federal Department of Transportation issued thereunder, and th assurance by the Agency pursuant thereto. The Agenry shall include provisions in all contracts with third parties that ensure compliance with Title VI of the Civil Right Ac of 1964, 49 C.F.R., Part 21, and related statutes and regulatlons. 12.03 Amsrlgns with Dlsabllltles Act of 1990 (ADA): The Agency will comply with all the requirement as imposed by the ADA, the regulations of the Federal government issued thereunder, and assurance by the Agency pursuant thereto. 12.03 Publle Enlty Crims: A person or affiliate who has been placed on the convicted veridor list following a conviction for a publk entity crime maynot submit a bid on a contract to provide any goods or services to a public atltlly, may not submit a bid on a contract with a "public entlty for the construction or repair of a public building or public work, may not subm8 bids on leases of real property to a public entlty, may not be awarded or perform work as a contractor, supplier, subcontractor or consultant under a contrail with any publk entity, and may not fransad business witfi any public entity in exr~ss of the threshold amount Provided in Section 287.017, Florida Statutes for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor Ilst 12.06 awarded or perform work ss a may not transact business wilt 12.07 Prohlbllad Intsrestr: N PRAM S]Jal¢.p CONSTAUC770N OGf'-OI~oi P~~o(11 m 287.184 F.S., an entity or atfdiate who has been placed on the rpartrnent of Management Services, may not submit a bk on a contract to rot submit a bid on a contraG with a public entity for the construction or submit bids on Iracns of ~o~r .............._ _ _ . ~. ... ployee shall not member, otllcer or em participate in any action by the Agency or the locpalioyrdetl,b~tto such~conuact, subcontract, or arrangement. The Agenq shad insert in all contracts entered into in connection with the projector any property induded or planned to be induded In any projed, and shall require its contractors to insert in each of their subcontracts, the following provision: 'No member. officer dr employee of the Agency or of the locality during his tenure or for two years thereafter shall have any interest, dlred br indirect, in this contract or the proceeds thereof.' The provisions of this subsection shall not be appli~ble to arty agreement between the Agency and its fiscal depositaries, or to any aQreenrent for ut-ity services the rates for which are fated or certtrolled by a Governmental agency. 12.OIS Interest of Members of, or Delegates to, Congress: No member or delegate to the Congress of the United States shall be admitted to any share or part of the Agreement or any benefd arising therefrom. 13.00 !Miscellaneous Provisions: 13.01 ErnMonnwntal Regulations: The Agency wfil be solety responsible for compliance with ah applicable environmental regulations and for arty Ifebility arising from nor}rornpliancewtth these regulations and wril reQnburse the Departrnent for any loss Incurred in connection therewith. The Agency will be responsible for securing any applicable permits. 13.02 Department Not Obligated to Third Pariles: The Department shall not be obligated or liable hereunder to any party other than the Agency. 13.03 When Rights and Remedies Not Waived: In no event shall the making by the Deparment of any payment to the Agency constitute or be construed as a waiver by the Deparment of any breach of covenant or any default which may then exist on the part of the Agency and the making of such payment by the Department, while any such breach or default shat! exist, shall in no way impair or prejudice any right or remedy ava0able to the Department with respect to such breads or default. 13. W How Agreement Is Affected by Provisions Balny Hald Invalid: If any provison of this Agreement is held invalid, the remainder of this Agreement shall not be affected. In such an instance the remainder would then continue to conform to the terms and requrraments of applicable taw. 13.05 Bonus or Commission: By execution of the Agreement, the Agency represents that it has not paid and, also, agrees not to pay, any bonus or commission for the purpose of obtaining an approval o(As application for the f[nanrJ:rg hereunder. 13.08 State taw: Nothing in the Agreement shall require the Agency to observe or enforce compliance wilt; any provision thensof, perform any other act or do any other thing in contravention of any applicable StatB'law, provided, that it any of the provisions of the Agreement vidate any applicable State law, the Agency will at once notify the Department in writing in ortler that appropriate changes and modifrcations maybe made by the Department and the Agency to the end that the Agency may proceed as Soon as possible with the project _ 13.07 Contnctual Indemnity: To !tie extent permitted by taw, the Agency shall indemnify, defend, save, and hold harmless Ne Departmert and ail its officers, agents and employees from any claim, loss, damage, cost, charge or expense arising out of ~- arry act. erns, omission or negligent ad by the Agency, its officers, agents or employees during the performance of the Agreement except That neither the A~7ency, its officers, agents or its employees will be liable under this nannranh r~~ ~..,,.-rte;,., FOIW 3:; CUVSiAi OGC Ap loss damage, cast, charge or expense arising out of any act, error, omission or regiigent act by the Department or any officers, agents or employees during the performance of the Agreement. The parties agree Brat this clause shall not waive the benefits or provisions of Chapter 7E8.28, Florida Statutes, or any sit provision of taw. When the Department receives a notice of claim for damages that may have been puseil by the Agency in the performan~ services required under this Agreement, the Department will immediately forward the claim to the Agenq. The Agency am Department will evaluate the claim and report their findings to each other wiV:in f 4 working days and will jointly discuss opt in defending the claim. After reviewing the claim, the Department will determine whether to require the participation of Agency in the defense of the claim or to require the Agency defend the Department in such claim as described in this sec, The Department's failure to promptly notify the Agency of a Gaim shall not ad as a waiver of any right herein to require participation in or defense of the claim by the Agency. The Department and Ne Agency will each pay Its own expenses for evaluation, settlement negotiations, and trial, 'd any. However, 'rf only one party participates in the defense of the Gaim at f that party is responsible for all expenses at trial . 13.1>e Plans and SpeclflcaUons: In the event that this Agreement invdves constructing and equipping of faciliEes on the S Highway System, the Agency shall submit to the Department far approval all appropriate plans and specfiptiors covering project. The Department will review all plans and specifications and will issue to the Agencywritten approval with arty appro portions of the project and comments or recommendations covering any remainder of the project deemed appropriate.. A resdution of these comments and recommendations to the Department's satisfaction, the Departrnent will issue to the Aga written approval with said remainder of the project. Failure to obtain this written approval shall be suffwient quse nonpayment by the Department. 13.09 Rlgtrt of Way CartMcatlon: Upon completion of right of way activitles on the project, the Agenq must car compliance with all applicable federal and state requirements. Certifrcatlon is required prior to advertisement for or sdicitai of bids for rxxisWdion of the project, including those projects for which no right of way is required. 13.10 Agsnry Csrtiflptlon: The Agency will certify in writing, prior to project closeout, that the project was completes accordance with appllpble plans and specifications, is in place on the Agency facility, that adequate tltte is in the Agencq, a that the project is accepted by the Agency as suitable for the intended purpose. 13.11 Ayraament Format: All words used herein in the singular form shall extend to and include the plural. Alf words uses the plural form shall extend to and include the singular. All words used in any gender shall extend to and include alt geode 13.12 Exeeutlon of Agreement: This Agreement maybe simultaneously executed in a minimum of two counterparts, each which so executed shall be deemed to be an original, and such counterparts together shall constitute one in the sar insWment 13.13 RestrfcUons on Lobbying: Pectoral: The Agency agrees that no Federally appropriated funds have been paid, or will be paid by or on behalf of tl Agertcy, to any person for inftuendng or attempting to influence any officer or employee of any Federal agency, a Member Congress an officer or employee of Congress, or an empbyea of a Member o(Congress in connection with the awarding of ar Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperate agreement, and the extension, continuation, renewal, amendment or modification of any Federal conract, grant, loan r cooperative agreement. If any funds other than Federally appropriated funds have bean paid by the Agency to any person for influencing or attemptin to influence an offrcer or employee of any Federal agency, a Member of Congress, an officer or employee of Congress, or a employee of a Member o(Congress in connection with this Agreement, the undersigned shall complete and submit Standar Forte-LLL, 'Disclosure Fonn to Report Lobbying,' in accordance with its instructions. The Agency shall require that the language of this section be included in the award documents for all subawards at all tier (including subcontracts, subgrents, and wntracts under grants, loans, and cooperative agreements) and that all subrecipient shag certify and disclose accordingly. Stab: No funds received pursuant to this conVact may be expended for lobbying the Legislature or a State agency. 13.14 Maintsnanca: The Agency agrees to maintain any project not on the State System, constructed under this pnreement r~F'nxUt;,rOv If the Agency constructs any improvement on Department right-o(-way, the Agency (will) (will not) maintain the improvements made for their useful INe. - ociuorD~' 13.13 Vendors Rlghts: Vendors (in this document identified as Agency) providing goods and services to the Department should be aware of the following time frames. Upon receipt, the Department has tive 5 working days to inspect and approve the goods and services unless the bid specifications, purchase order or contract specifies otherwise. The Depar<,ment has 20 days to deliver a request for payment (voucher) to the Department of Banking and Finance. The ZO Cays are measured from the latter of the date the Invoice is received or the goods or services are received, inspected, and approved. tf a payment is not available within 40 days after receipt of the invoice and receipt, inspection, and approval of goods and services, a separate interest penalty in accordance with Section 2t5.422(3)(b), Florida Statutes, will be due and payable, in addHion to the invoice amount to the Agency, Interest penalties of less Than one $1 will not be enforced unless the Agency requests payment Invoices which have to be returned to an Agency bepuse of Agency preparation errors will result in a delay m the payment. The invoice payment requirements do not start until a property completed invokz is provided to the Deparbnent. - 'A Vendor Ombudsman has been established within the Department of Banking and Finance. The duties of this individual fndude acting as an advocate for Agendas who may be experiencing problems in obtaining timely payment(s) from the Departrnent. The Vendor Ombudsman may be rnntacted at (850)410-9724 or by calling the State Compboliefs Hotline, 1- 800-ti4&37S2. - voxrl ~u-0 CoNSTR~C OGC-i hR 11 IN'NITNESS WHEREOF, the parties have caused these presents to be executed the c ay and year first above wrigen. AGENCY ,~/~ 6y ~ ~ ~~~C'/-E~ Title: I,y~~t;~. tl. Mower Attest: ~~W,`-l~.Yn .~~_ Title: City C2erlc Robert Partner STATE OF FLORIDA DEPAR"MENT OF TRANSPORTATION ay ~~tti ~_ Title: ;~ p ~ 7/Gf+t Pe-v AS \ AS t0 fOfTTI. ,_."~.. \ t Attorney District Attorney ,` Sea attached Encumbrance Forth for date of funding approval by Comptroller. APPROVED AS TO FORM $ LANGUAGE ~ FOR CUTlON ~' ~ry..~ ey ;;.,~ ~ -'. I FORM 525.0! C CCNSTRUCL OGC - Ol FIN No. z ~ ~ 2 s EXHIBIT A Project Description and Responsibilities This exhibit fortes an integral part o! that certain Reimbursement Agreement between the State of Florida, Department Transportation and Tt:e City of hti.ami Reach Dated PROJECT LOCA710N: The project ~ q ©is not on the National Hghway System. The project Q is ~ la not on the Stabs Highway System. PROJECT D~SCRI?TIOk: SPECIAL CONSIDERATION BY AGENCY: SPECtAt CONSIDERATION BY DEPARTMENT: FORM 52506-dC~ CONS7RULTON OGC - OZ'6' EXF~I'I' D .ALTEIL*IATIVE PAY METHOD Article b.p0 is expanded by the following: The Departnrat will pay [o the pgmcy, after receipt of an invoice, ao amount equal to the invoice received by the Agrncy from the Agency's COntrdCYOr(S) OI (:0n4ni(a1~9). All mwOICCS reCCl~ed frnm the Agency lhail CICaIIV SepaIate the C09t t0 IhC COnttaCiDt(S) or colrsultant(s) from the Agency's cost billed to the Department All Agencies' coin invoiced ttnut have been incurred by the Agrncy prior to the date of the invoices. All invoices submitted to the Department tmut provide complete documcnbtion, inci~8 a copy of ' the contractor(s) or consultant(s) invoice, to substantiate the cost on the invoice. the Agency nntst certify on each invoice that t}sc costs from the contractor(s) or consultant(s) are valid and have been incurred by the contractors) or consultant(s). Each tmnthly invoice subsequent to the 5rst invoice from the Age»ry mwt contain a statement from the Agency that the Previous month's cost incurred by the contractor(s) or consultants(s) bas been paid by the Agency to the contractors) or consultant(s). Date Advance Payment Approval Received from FDOT Comptaoller FORM 525010-40 CONSTRUCTION OGC -07101 AGENCY NAME & BILLING ADDRESS C.i !-V Uf hll ami i3tt]CII sr.ns a. r m~x. FIN.IVO. Attn: Fe r;.3 tld0 i~tl ZC]Ue2 to .m~uram~xvrw*.r.>h IOCAI AGENCY PROGRAM 1?G(1 COnVen7.ion Ctltr. Ur. AGP.EEMENT 2`i2=i1 1.71am1 Aegc1~, pT, 33139 I ' ~I B SCR cD OF F UNDING PROJECT DESCRIPTION th SF,9G L Ci Ft eng q. . Terminl Yurdv Avs. to 23rd St reet Bride, or: the sautt; side of Lade Blt+d. , adjacent to the Co ins Cana . P.E a. Agency Work - ----- e. Other p~^~> ~ e Deparhnent Services - $~ n -_ d. Total PE Cost a+tm; - -- - RlpMof-Way e. Agency Work ~ f. OCts .. .. CormtrucUon i. ContraC j. Other HPP k. Otter '. E;P 1. Other un~ . m. Total ContraC Costs (I.j+fcH1 Conttructlon Englneering n. Agency o, Omer P. DeOartrnant Forces q. Total Constrvctlon Engineen~ (n+o+p) 1 s. ESTIMATED TOTAL COST OF THE V V PROJECT(dH»i1 S2 73y, ODU `65563, 900 ~2, 1 f37 , OUG FORM 525-01 CONSTRUCT OGC - 0 EXFIIBtt R ADVANCE PROJECT ItEI~fBURSEMENT Article 2.02, second and third sentence ate deleted and the following substituted: 'this agreemrnt shall contiauc in effect and be binding on all parties until the project is :ompleted, any subsequent litigation complete and terminated, final costs are Imown, and legislatively appropriated reimbu~ emrnts, if approved, ue made by thi Departmtcnt Article 7.00, first sentence is deleted and the following substituted: 11te Deparerrtent agrees to n:imbutsc the Lan! Agcocy in accordance with Section 339.1 L of the Florida Statutes an amount nc exceed the total estimated cost specified in Article 3.01 begi»mng in the Deptumrnt's Fiscal Ycar . If the funding is fi the Federal Highway Adrtninistt~tion (Fi314 A), fire paymrnt will be made in a Iturrp stunut the year(s) the project b scheduled m Departrrrent's Work Program as of the date of the agrtemenL If the FHWA funding is programttted is the Departments Adof W title Progrun over a mntlti-year Period, an anttual amount equal to the amount programtmed will be reimbtused in cacti ofd: years .If the project is for restofaciag, is estimated over two million dollar and is state fuodcd, payments will be ®de in six ec gwtte*IY PaYr~~ bct~~g m the year the project eras otigimally progratrtmcd. For all other state fimded cotuouction contr. estimated over two million dollars. payments will be madt is ten equal quarterly paymeob beginning in the year the project origma[ly ptogtarzmrd. All paytrcnn "'ill be mode in accordance with Section 6.00 of rite agreement Tye Departtrtent fistht:r ag:eea to request appropriation of said atttottats trom the Lcgishtvx prior to each fiscal year in question i STATL Cf "LDV:na OC WR Va:N i of 'OaR::Ppn VO:pn LAP CERTIFICATION ''~''*D= m::~r oc roar pro: I R/W ITEM'SE3MEN' N0 --~5_1 959 -_- MANAGING CtSTR1CT: _ Si x .. _CON$TRUC.i ION ITc1vVSEih1cNTN0;;_ STATE ROAD: _ F.A.P. NO (ConsWclion): ____ CESCRIPTION: Dade Blvd. Bike Path COUNTY: _ m; 3~.; na,d.-^tzttat~_ _ LETTING DATE: --- -- __ The unders.gned hereby certi5es as fellows: Title to all property znd easements needed far me above construction project is vestetl in the Florida Department of Transportation {Department) or a state or local government. Sufficient authority has been obtained io corstruct and maintain the propcsed improvements on property and easements owned oy state or Iecal governments. FuCher. Acquisition ® Right of way was not zcquired for this proied. O Right of way w•as acquired for the project in cort;oliance with applicable state and federal law. Relocation ® No perscns or businesses were requ!red to Hove o: Tove perscral propeny from the project rght cf way Q AI! persons and businesses that we:e require;i tc m::ve er move pcrscna! property from the project right cf w•ay have beer provided relccztion assistance rn ccmpfiance with applicable state and federal taw. Demolition ® No structures or improverents, including encroacnrnents, required remove; from the protect nigh' of way. ~ All structures and;or improvements, including encroachments, have beer, removed from :he prefect right of way in compliance with appiicable state and tedera(iaw. or wia be included rn the construction contract. Asbestos Abatement ~ No structures or improvements requiring asbestos abatement were local^_d on the project righ! of way. ~ Asbestos abatement of buildings and/or structures: including those to be removed by the corstructicn contractor, has been completed ir. compliance with applicable state and federal law, or will be included in t.*,e construction conL act. Submitted by Local Agency: ~~~~ i ~~t ^ I) ~~ OQ ~Ti e: V l G -_. Date: Certified by: ~ ~~~~ Tice: ~l1'2CfOf" ,, /` (~.~ll' - -- (.lt L `/1~LYILS ate: