Locally Funded Agreement with FDOT 2Ott 21(035
LOCALLY FUNDED AGREEMENT
THIS LOCALLY FUNDED AGREEMENT (hereinafter `Agreement') is made and entered into
this 2) of \—kc , 20 tl, between the CITY OF MIAMI BEACH, a municipal
corporation of the State 14f 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 over and maintains the State Road (S.R.)
112 /41 Street corridor within the corporate limits of the CITY; and
WHEREAS, the CITY has requested the DEPARTMENT to install or cause to be installed a
speed feedback sign and stamped asphalt crosswalks to various intersections along SR 112/41 st Street
from east Alton Road to Pine Tree Drive; and
WHEREAS, the DEPARTMENT has agreed to install or cause to be installed the speed
feedback sign and stamped asphalt crosswalks to various intersections along SR 112 /41 Street, from
east Alton Road to Pine Tree Drive, subject to the terms and conditions detailed in this Agreement;
and
WHEREAS, the CITY shall fund the increased costs, under Financial Project Number
419824- 1- 52 -04, associated with the installation of the speed feedback sign and stamped asphalt
crosswalks on SR 112 /41 Street, from east Alton Road to Pine Tree Drive, hereinafter collectively
called the `PROJECT', and as detailed in the attached 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, Florida Statutes, and authorize its officers to do so.
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Locally Funded Agreement between the City of Miami Beach
and the Florida Department of Transportation, Financial Project Number 419824- 1 -52 -04
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 the CITY Commission approving this
Agreement is attached hereto as Exhibit "C ", `CITY OF MIAMI BEACH
RESOLUTION', and is incorporated herein by reference.
(b) The CITY shall utilize the U.S. Department of Homeland Security's E -Verify system,
in accordance with the terms governing use of the system, to confirm the employment
eligibility of:
i. all persons employed by the CITY during the term of this Agreement to
perform employment duties within Florida; and
ii. all persons, including subcontractors, assigned by the CITY to perform
work pursuant to this Agreement with the DEPARTMENT.
(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', utilizing the funds provided by the CITY.
(d) The CITY will provide funding to the DEPARTMENT, in the aggregate amount of
NINETY ONE THOUSAND FIVE HUNDRED FIFTY TWO DOLLARS
($91,552.00), for the PROJECT, subject further to the provisions in Section 3 of this
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Locally Funded Agreement between the City of Miami Beach
and the Florida Department of Transportation, Financial Project Number 419824- 1 -52 -04
Agreement and as outlined in the attachment Exhibit `B ", "Financial Summary",
which is herein incorporated by reference.
(e) The DEPARTMENT Contractor will not commence 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 Agreement, the DEPARTMENT Contractor will commence work on
the PROJECT.
3. Financial Provisions.
(a) The CITY agrees that it will, no later than thirty (30) calendar days after the
DEPARTMENT's execution of this Agreement, furnish the DEPARTMENT an
advance deposit in the amount of NINETY ONE THOUSAND FIVE HUNDRED
FIFTY TWO DOLLARS ($91,552.00) for full payment of the estimated PROJECT
cost for Locally Funded Project Number 419824- 1- 52 -04. 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.
(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 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
amount, plus allowances, is in excess of the advance deposit amount. However,
failure of the DEPARTMENT to so notify the CITY shall not relieve the CITY from
its obligation to pay for its full participation on final accounting as provided herein
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Locally Funded Agreement between the City of Miami Beach
and the Florida Department of Transportation, Financial Project Number 419824- 1 -52 -04
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below. If the CITY cannot provide the additional deposit within fourteen (14) days, a
letter must be submitted to and approved by the DEPARTMENT's PROJECT
manager indicating when the deposit will be made. The CITY understands the request
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and approval of the additional time could delay the PROJECT, and additional costs
may be incurred due to a delay of the PROJECT.
(c) If accepted bid amount plus allowances is less than the advance deposit amount, the
DEPARTMENT will refund the amount that the advance deposit exceeds the bid
amount plus allowances if such refund is requested by the CITY in writing.
(d) Should PROJECT modifications or changes to bid items occur that increase the
CITY's share of 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
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 and complete accounting of all costs
incurred in connection with the work performed hereunder within three hundred and
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Locally Funded Agreement between the City of Miami Beach
and the Florida Department of Transportation, Financial Project Number 419824- 1 -52 -04
sixty (360) days of final payment to the DEPARTMENT 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 costs pursuant to the terms of this Agreement is less than the total deposit
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.
(f) In the event the final 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 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.
(g) The payment of funds under this Locally Funded Agreement will be made directly to
the DEPARTMENT for deposit.
(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, 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.
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Locally Funded Agreement between the City of Miami Beach
and the Florida Department of Transportation, Financial Project Number 419824- 1 -52 -04
I �I
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 ($25,000.00) 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 and as of the date set forth on page one (1) hereof, and
shall terminate upon PROJECT completion, as defined in Section 3(e) hereof.
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
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Locally Funded Agreement between the City of Miami Beach
and the Florida Department of Transportation, Financial Project Number 419824- 1 -52 -04
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 Beach
1700 Convention Center Drive
Miami Beach, Florida 33139
Attention: Darlene Fernandez, E.I.
Transportation Coordinator
Ph: 305- 673 -7080
(b) If to the DEPARTMENT: Florida Department of Transportation
1000 NW 111 Avenue, Room 6202B
Miami, Florida 33172
Attention: Michelle L. Meaux, JPA Coordinator
Ph: 305- 470 -5112
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.
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. 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
Agreement or the intent of any of its provisions.
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Locally Funded Agreement between the City of Miami Beach
and the Florida Department of Transportation, Financial Project Number 419824- 1 -52 -04
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 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 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.
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Locally Funded Agreement between the City of Miami Beach
and the Florida Department of Transportation, Financial Project Number 419824- 1 -52 -04
IN WITNESS WHEREOF, the parties hereto have made and executed this Agreement on
the day and year first above written, the CITY OF MIAMI BEACH, signing by and through its City
Mayor, and the STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION, signing by and
through its District Secretary, each duly authorized to execute same.
CITY OF MIAMI BEACH: STATE OF FLORIDA,
DEPARTMENT OF TRANSPORTATION:
,, . „, /
BY: /0 / 4 , ► -4%,.-,, 4 i BY:
AYOR D S C SECRETARY
ATTEST: ATTES`` J" /
I
(SEAL) CITY CLE (SEAL) EXECUTIVE SE TARY
LEGAL REVIEW:
0 .3\-k„.1-0., 0
CITY ATTORNEY DISTRICT CHIEF COUNSEL
APPROVED AS TO
FORM & LANGUAGE
0 ---; ft F • - EXECUTION
41)2
tAttomey Da
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Locally Funded Agreement between the City of Miami Beach
and the Florida Department of Transportation, Financial Project Number 419824- 1- 52- 02.'C''r
EXHIBIT `A'
SCOPE OF SERVICES
The PROJECT work consists of constructing pedestrian improvements consisting of stamped asphalt
crosswalks installations at various intersections along 41 Street from Garden Avenue to Pine Tree
Drive in the CITY. The CITY has requested that the stamped asphalt crosswalks be of certain style
that is consistent CITYwide and that have been installed by the DEPARTMENT at other crosswalk
locations. The crosswalk design will consist of a textured pavement pattern that is highly visible and
safer for pedestrians.
Specialty Surface Crosswalks:
• Intersections of 41 Street &
o Garden Avenue (west and south legs)
o Meridian Avenue (all four legs)
o Mid -block between Prairie Avenue and Royal Palm Avenue
o Mid -block between Royal Palm Avenue and Sheridan Avenue
The DEPARTMENT will also install a DF15 speed feedback sign eastbound at station 196 +98.91.
PROJECT LIMITS: SR 112 /41 Street from east Alton Road to Pine Tree Drive
DEPARTMENT Financial Project Number: 419824- 1 -52 -04
COUNTY: Miami -Dade
DEPARTMENT Project Manager: Adriana Manzanares 305 - 470 -5283
CITY Project Manager: Darlene Fernandez, E.I. 305-673-7080
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Locally Funded Agreement between the City of Miami Beach
and the Flonda Department of Transportation, Financial Project Number 419824- 1 -52 -04
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EXHIBIT `B'
FINANCIAL SUMMARY
The DEPARTMENT's Work Program allocates the following funding, programmed under Financial
Project Number 419824- 1- 52 -04, for PROJECT completion:
Fiscal Year: Amount: Fund Type:
2011/2012 $91,552.00 Local Funds (LF)
CITY OF MIAMI BEACH FINANCIAL RESPONSIBILITY: $91,552.00
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Locally Funded Agreement between the City of Miami Beach
and the Florida Department of Transportation, Financial Project Number 419824- 1 -52 -04
EXHIBIT `C'
CITY OF MIAMI BEACH RESOLUTION
To be attached hereto and incorporated herein once ratified by the CITY Commission.
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Locally Funded Agreement between the City of Miami Beach
and the Florida Department of Transportation, Financial Project Number 419824- 1 -52 -04