Department Funded Agreement Notice of Execution Q
Florida Department of Transportation
RICK SCOTT 1000 NW 1 1 1 Avenue JIM BOXOLD
GOVERNOR Miami, FL 33172 SECRETARY
August 26, 2016
Mr. Bruce A. Mowry
City Engineer
1700 Convention Center Drive
Miami Beach, Florida 33139 5
Re: Department Funded Agreement Notice of Execution �;, c='
Project#429193-2-58-01
Contract#AS046 ` -- •
Dear Mr. Mowry: =
Enclosed for City of Miami Beach (City) records is one (1) original fully executed
Agreement for the aforementioned project. The Agreement was executed by the Florida
Department of Transportation (Department) on Thursday, August 25, 2016.
The City shall not commence the Project until a Notice to Proceed/Notice of Available
Funds is provided from the Department for each fiscal year. When the County would like to be
reimbursed for covered project-related expenses incurred to date, please send an original
itemized invoice along with supporting documentation to the Department for processing at:
Florida Department of Transportation
Attn: Ana Arvelo, Department Project Manager
1000 NW 111' Avenue, Room 6251
Miami, FL 33172-5800
Thank you on behalf of the Department for your assistance in expediting the execution of
the Agreement. If you have questions or concerns, please feel free to contact me at 305-470-
5428.
Sincerely,
,
Alonzo Joseph
Senior Contract Analyst
•
www.dot.state.fl.us
cc:Ana Arvelo,Catrina Wilson,File
Contract Number: A 5 0 4(0
CSFA/CFDA Number:
DEPARTMENT FUNDED AGREEMENT
BETWEEN
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
AND
THE CITY OF MIAMI BEACH
THIS AGREEMENT is made and entered into this ogg day of AU:51 20 f I_ , between the State of Florida Department of Transportation, a componagency of the
State of Florida, hereinafter referred to as the `DEPARTMENT', and the City of Miami Beach, a
municipal corporation of the State of Florida, existing under the Laws of the State of Florida,
hereinafter referred to as the `CITY'.
RECITALS:
WHEREAS, the DEPARTMENT has jurisdiction over and maintains State Road (S.R.)
907/Alton Road corridor in the CITY; and
WHEREAS,the DEPARTMENT has drafted design plans for the construction of roadway
improvements at the intersection of S.R. 907/Alton Road and Michigan Avenue where nine (9)
existing parking spaces will be removed; and
WHEREAS, the CITY will prepare design plans for the construction of parking spaces
along Sunset Drive and 20`1' Street as part of the CITY's on-going design project to convert Sunset
Drive into a One-Way Street, hereinafter referred to as the `PROJECT',the individual elements of
which are outlined in the attached Exhibit "A", `Scope of Services', which is herein incorporated
by reference; and
WHEREAS, the DEPARTMENT has programmed funding for the PROJECT under
Financial Project Number 429193-2-58-01, and has agreed to reimburse the CITY for eligible
PROJECT costs up to a maximum limiting amount, as outlined in the attached Exhibit "B",
`Financial Summary', which is herein incorporated by reference; and
WHEREAS, the CITY has agreed to supervise and inspect all aspects of PROJECT
construction and administration; and
WHEREAS,the parties hereto mutually recognize the need for entering into an Agreement
designating and setting forth the responsibilities of each party; and
WHEREAS, the parties are authorized to enter into this Agreement pursuant to Section
339.08(e) and 339.12, Florida Statutes (F.S.);
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:
Page 1 of I 1
Department Funded Agreement between the Florida Department of Transportation and the City of Miami Beach
Financial Project Number#429193-2-58-01
INCORPORATION OF RECITALS
The foregoing recitals are true and correct and are incorporated into the body of
this Agreement, as if fully set forth herein.
1. GENERAL REQUIREMENTS
a. The CITY shall be responsible for assuring that the PROJECT complies with
all applicable Federal, State and Local laws, rules, regulations, guidelines and
standards.
b. The CITY shall submit this Agreement to its CITY Commission for
ratification or approval by resolution. A copy of said resolution is attached
hereto as Exhibit "C", `City of Miami Beach Resolution', and is herein
incorporated by reference.
c. The CITY shall prepare design plans and advertise for bid, let the consultant
and construction contracts, administer, supervise and inspect all aspects of
PROJECT construction until completion, and, as further defined in Exhibit
"A", `Scope-of-Services'.. The-C-I-T-Y-shall-complete-the-PROJECT on or
before December 12, 2017. All aspects of PROJECT construction and
administration are subject to DEPARTMENT standards and specifications and
must be in compliance with all governing laws and ordinances.
d. The CITY shall not execute any contract or obligate itself in any manner
requiring the disbursement of DEPARTMENT funds, including consulting or
construction contracts or amendments thereto, with any third party with
respect to the PROJECT without the prior written approval of the
DEPARTMENT. The DEPARTMENT specifically reserves the right to
review qualifications of any consultant or contractor and to approve or
disapprove CITY employment of same.
e. The CITY's attorney shall certify to the DEPARTMENT that the Consultant
Selection Process by the CITY in procuring any consultant contract for
engineering, architecture or surveying services entered into by the CITY for
purposes of performing its duties under this Agreement has been
accomplished in compliance with the Consultant's Competitive Negotiation
Act(Chapter 287.055, F.S.)
f. The CITY's attorney shall certify to the DEPARTMENT that the purchase of
commodities or contractual services by the CITY exceeding the Threshold
Amount for CATEGORY TWO per Chapter 287.017 F.S. for purposes of
performing its duties under this Agreement has been accomplished in full
compliance with the provisions of Chapter 287.057 F.S.
Page 2 of 11
Department Funded Agreement between the Florida Department of Transportation and the City of Miami Beach
Financial Project Number g 429193-2-58-01
g. This Agreement and any interest herein shall not be assigned, transferred or
otherwise encumbered by the CITY under any circumstances without prior
written consent of the DEPARTMENT. However, this Agreement shall run to
the DEPARTMENT and its successors.
h. The CITY shall have the sole responsibility for resolving claims and requests
for additional work for the PROJECT. The CITY will make the best efforts to
obtain the DEPARTMENT input in its decisions.
i. The DEPARTMENT shall reimburse the CITY for the actual number of
parking spaces been constructed out of the proposed nine and for eligible
PROJECT costs as defined in Exhibit "B", `Financial Summary', and in
accordance with the financial provisions in Section 3 of this Agreement.
j. The CITY shall comply with all federal, state, and local laws and ordinances
applicable with work or payment of work thereof, and will not discriminate on
the grounds of race, color,religion,sex,national origin, age or disability in the
performance of work under this Agreement.
k. The CITY agrees to comply with Section 20.055(5), F.S., and to incorporate
in-all-subcontracts-the-obligation-to-comply-with-Section 20:055(5),—F-S:
2. FINANCIAL PROVISIONS
a. Eligible PROJECT costs may not exceed ONE HUNDRED THIRTY NINE
THOUSAND NINE HUNDRED NINETY FIVE DOLLARS ($139,995.00),
as outlined in Exhibit `B", `Financial Summary'. If additional funding is
required, contingent upon DEPARTMENT approval, a supplemental
agreement between the DEPARTMENT and the CITY authorizing the
additional funding shall be executed prior to such costs being incurred.
b. The DEPARTMENT agrees to compensate the CITY for -services described
in Exhibit"A"—Scope of Services. The Method of Compensation is included
as Exhibit B.
c. The CITY shall furnish the services with which to construct the PROJECT.
Said PROJECT consists of services as detailed in Exhibit "A" of this
Agreement.
d. Payment shall be made only after receipt and approval of goods and services
unless advance payments are authorized by the Department's Comptroller
under Section 334.044(29), F.S., or by the Department of Financial Services
under Section 215.422(14),F.S.
e. The CITY shall provide quantifiable, measurable and verifiable units of
deliverables. Each deliverable must specify the required minimum level of
service to be performed and the criteria for evaluating successful completion.
The PROJECT, identified as Project Number 429193-2-58-01, and the
Page 3 of I l
Department Funded Agreement between the Florida Department of Transporiaiion and the City of Miami Beach
Financial Project Number'4 429193-2-58-01
quantifiable, measurable, and verifiable units of deliverables are described
more fully in Exhibit "A" - Scope of Services. (Section 287.058(1)(d) and
(e),F.S.)
f. Invoices shall be submitted by the CITY in detail sufficient for a proper pre-
audit and post audit thereof, based on quantifiable, measureable and verifiable
units of deliverables as established in Exhibit "A"- Scope of Services.
Deliverables must be received and accepted in writing by the
DEPARTMENT's Project Manager prior to payments. (Section 287.058
(1)(a), F.S.)
g. Supporting documentation must establish that the deliverables were received
and accepted in writing by the CITY and must also establish that the required
minimum level of service to be performed based on the criteria for evaluating
successful completion as specified in Exhibit "A"- Scope of Services was
met.
h. There shall be no reimbursement for travel expenses under this Agreement.
i. The CITY providing goods and services to the DEPARTMENT should be
aware-of-the-following-time frames. Inspection-and-approval-of-goods-or---
services shall take no longer than five (5) working days unless the bid
specifications, purchase order, or contract specifies otherwise. The
Department has twenty(20) days to deliver a request for payment (voucher)to
the Department of Financial Services. The twenty (20) days are measured
from the latter of the date the invoice is received or the goods or services are
received, inspected,and approved.(Section 215.422(1),F.S.).
If payment is not available within forty (40) days, a separate interest penalty at
J PY Y ( ) Y , P P Y
a rate as established pursuant to Section 55.03(1), F.S., will be due and
payable, in addition to the invoice amount, to the CITY. Interest penalties of
less than one (1) dollar will not be enforced unless the CITY requests
payment. Invoices that have to be returned to the CITY because of CITY
preparation errors will result in a delay in the payment. The invoice payment
requirements do not start until a properly completed invoice is provided to the
DEPARTMENT.
k. A Vendor Ombudsman has been established within the Department of
Financial Services. The duties of this individual include acting as an advocate
for the CITY who may be experiencing problems in obtaining timely
payment(s) from a state agency. The Vendor Ombudsman may be contacted
at (850) 413-5516 or by calling the Division of Consumer Services at 1-877-
693-5236. (Section 215.422(5) and (7),F.S.)
1. Records of costs incurred under the terms of this Agreement shall be
maintained and made available upon request to the DEPARTMENT at all
times during the period of this Agreement and for five (5) years after final
Page 4 of I 1
Department Funded Agreement between the Florida Department of Transportation and the City of Miami Beach
Financial Project Number 4 429193-2-58-01
payment is made. Copies of these documents and records shall be furnished
to the DEPARTMENT upon request. Records of costs incurred include the
CITY's general accounting records and the project records, together with
supporting documents and records, of the contractor and all subcontractors
performing work on the project, and all other records of the Contractor and
subcontractors considered necessary by the DEPARTMENT for a proper audit
of costs. (Section 287.058(4),F.S.)
m. In the event this contract is for services in excess of$25,000.00 and a term for
a period of more than one (1) year, the provisions of Section 339.135(6)(a),
F.S.,are hereby incorporated:
"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 (1)
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 1 year."
n. The DEPARTMENT's obligation to pay is contingent upon an annual
appropriation by the Florida Legislature. (Section 216.311,F.S.)
o. 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 contract; and
ii. Expressly require any contractors and 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 term. (Executive Order Number
2011-02)
Page 5 of 11
Department Funded Agreement between the Florida Department of Transportation and the City of Mia,ni Beach
Financial Project Number f!429193-2-58-01
•
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.
3. GOVERNING LAW
This Agreement shall be governed and construed in accordance with the laws of
the State of Florida.
4. AMENDMENT
This Agreement may be amended by mutual agreement of the DEPARTMENT
and the CITY expressed in writing, executed and delivered by each party.
5. INVALIDITY
If any part of this Agreement shall be determined to be invalid or unenforceable,
the remainder of this Agreement shall not be affected thereby, if such remainder
continues to conform to the terms and requirements of applicable law.
6. COMMUNICATIONS
a. All notices, requests, demands, consents, approvals and other
communications which are required to be served or given hereunder, shall be
in writing and hand-delivered or sent by either registered or certified U.S.
mail, return receipt requested, postage prepaid, addressed to the party to
receive such notices as follows:
To DEPARTMENT: Florida Department of Transportation
1000 Northwest 111 Avenue, Room 6202B
Miami, Florida 33172-5800
Attn: Pablo Valin, Senior Contract Analyst
Ph: (305)470-5285; Fax: (305)470-5309
To CITY: City of Miami Beach
1700 Convention Center Drive
Miami Beach,Florida 33139
Attn: Bruce A. Mowry, City Engineer
Ph: (305) 673-7080 Ext. 6565;
Fax: (305)673-7028
b. Notices shall be deemed to have been received by the end of five (5) business
days from the proper sending thereof unless proof of prior actual receipt is
provided.
7. EXPIRATION OF AGREEMENT
Page 6 of 11
Department Funded Agreement between the Florida Department of Transportation and the City of Miami Beach
Financial Project Number b 429/93-2-58-01
The CITY agrees to complete the PROJECT on or before December 12, 2017. If
the CITY does not complete the PROJECT within this time period, this
Agreement will expire unless an extension of the time period is requested by the
CITY and granted in writing by the DEPARTMENT's District Six Secretary or
Designee. Expiration of this Agreement will be considered termination of the
PROJECT.
8. INVOICING
The CITY will invoice the DEPARTMENT on a monthly basis for completed
work. The CITY must submit the final invoice on this PROJECT to the
DEPARTMENT within one hundred twenty (120) days after the expiration of this
Agreement. Invoices submitted after May 12,2018, will not be paid.
9. FINANCIAL CONSEQUENCES
Payment shall be made only after receipt and approval of goods and services
unless advance payments are authorized by the Chief Financial Officer of the
State of Florida under Chapters 215 and 216,_E.S._Deliverable(s)_must_be_ _ _-
received and accepted in writing by the Contract Manager on the
DEPARTMENT's invoice transmittal forms prior to payment. If the
DEPARTMENT determines that the performance of the CITY is unsatisfactory,
the DEPARTMENT shall notify the CITY of the deficiency to be corrected,
which correction shall be made within a time-frame to be specified by the
DEPARTMENT. The CITY shall, within five (5) days after notice from the
DEPARTMENT, provide the DEPARTMENT with a corrective action plan
describing how the CITY will address all issues of contract non-performance,
unacceptable performance, failure to meet the minimum performance levels,
deliverable deficiencies, or contract non-compliance. If the corrective action plan
is unacceptable to the DEPARTMENT, the CITY shall be assessed a non-
performance retainage equivalent to 10% of the total invoice amount. The
retainage shall be applied to the invoice for the then-current billing period. The
retainage shall be withheld until the CITY resolves the deficiency. If the
deficiency is subsequently resolved, the CITY may bill the DEPARTMENT for
the retained amount during the next billing period. If the VENDOR is unable to
resolve the deficiency, the funds retained may be forfeited at the end of the
Agreement period.
10. ENTIRE AGREEMENT
This Department Funded Agreement is the entire Agreement between the parties
hereto, and it may be modified or amended only by mutual consent of the parties
in writing.
Paee 7 of 11
Department Funded Agreement between the Florida Department of Transportation and the City of Miami Beach
Financial Project Number K 429193-2-58-0/
REMAINDER OF PAGE INTENTIONALLY LEFT BLANK
IN WITNESS WHEREOF, the parties hereto have executed this Agreement, on the day and
year above written.
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Page 8 of I I
Department Funded Agreement between the Florida Department of Transportation and the City of Miami Beach
Financial Project Number#429193-2.58-01
EXHIBIT"A"
• SCOPE OF SERVICES
Construction of nine(9) parking spaces within the City of Miami Beach consisting of five (5)
angled parking spaces along Sunset Drive and four (4) parallel parking spaces along 20th Street.
PROJECT Limits: Sunset Drive from SR 907/Alton Road to 20th Street
and
20th Street from Sunset Drive to SR 907/Alton Road
FDOT Financial Project Number: 429193-2-58-01
County: Miami-Dade
FDOT Project Manager: Ana T. Arvelo,P.E. and Ivan Hay,P.E.
CITY Project Manager: Bruce A. Mowry,P.E.
Page 9 of 11
Department Funded Agreement between the Florida Deparl,nent of Transportation and the City of Miami Beach
Financial Project Number 14 429193-2-58-01
EXHIBIT "B"
FINANCIAL SUMMARY •
• Estimated PROJECT costs and deliverables for reimbursement are below-listed, for •
429193-2-58-01:
•
Item Amount Fund Type
Construct nine (9) Parking Spaces $139,995.00 State Funds
at$15,555.00 each
Total PROJECT Cost Estimate: $139,995.00
DEPARTMENT's Responsibility: $139,995.00
•
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•
•
•
•
•
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Page 10 of 11
Department Funded Agreement between the Florida Department of Transportation and the City of Miami Beach
Financial Project Number#429193-2-58-01
EXHIBIT "C"
CITY OF MIAMI BEACH RESOLUTION
To be herein incorporated once approved by the CITY Commission.
Page 11 of 11
Department Funded Agreement between the Florida Department of Transportation and the City of Miami Beach
Financial Project Number 4 429193-2-58-01