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97-22536 RESO RESOLUTION NO. 97-22536 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, APPROVING AND AUTHORIZING THE MAYOR ~~ND CITY CLERK TO EXECUTE A REIMBURSEMENT AGREEMENT BETWEEN THE FLORIDA DEPARTMENT OF TRANSPOBTATION AND THE CITY OF MIAMI BEACH, IN THE AMOUNT OF $1.43 MILLION IN STATE FUNDS, FOR THE COLLINS AVENUE RECONSTRUCTION PROJECT, FROM ESPANOLA WAY TO LINCOLN ROAD, WHICH PROJECT IS SCHEDULED TO BE CONSTRUCTED BY A CITY CONTRACTOR IN 1998, ON AN EXPEDITED SCHEDULE. WHEREAS, the Florida Department of Transportation (FDOT) has allocated $1.43 million in State funds for its SR A 1 A/Collins Avenue Reconstruction Project, from Espanola Way to Lincoln Road Project; and WHEREAS, these funds have been budgeted in two Fiscal Years, at $869,000 in 1997-98 and ~;561 ,000 in 1998-99, respectively; and WHEREAS, $1.3 million of these funds have been earmarked for Project construction, and $130,000 for construction inspection purposes; and WHEREAS, at the City's request, FOOT is willing to relinquish jurisdiction over this Project to the City of Miami Beach, which intends to hire its own contractor to construct the Project on an expedited schedule; and WHEREAS, the FOOT and the City wish to enter into the attached Reimbursement Agreement which provides for reimbursement of the incremental expenses to be incurred by the City for the construction and construction-inspection phases of this Project. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and City Commission approve and authorize the Mayor and City Clerk to execute the attached Reimbursement A.greement between the Florida Department of Transportation and the City of Miami Beach, in the amount of $1.43 million in State funds, for the Collins Avenue Reconstruction Project, from Espanola Way to Lincoln Road, which Project is to be constructed by a City contractor in 1998, on an expedited schedule. PASSED AND APPROVED this the 24th day of September , 1997. ATTEST: ~6fcv-~ CITY CLERK APPROVED AS TO FORM & LANGUAGE & FOR EXECUTION aj /filL ~I/~ ,,!/ tj'J1 City Attomev CITY OF MIAMI BEACH CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH, FLORIDA 33139 http:\\ci.miami-beach.f1.us COMMISSION MEMORANDUM NO. G- 23-97 FROM: Mayor Seymour Gelber and DATE: September 24,1997 Members of the City Commission Jose Garcia-Pedrosa I! City Manager A RESOLUTION THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH. FLORIDA. APPROVING AND AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE A REIMBURSEMENT AGREEMENT BETWEEN THE FLORIDA DEPARTMENT OF TRANSPORTATION AND THE CITY OF MIAMI BEACH. IN THE AMOUNT OF $1.43 MILLION IN STATE FUNDS. FOR THE COLLINS AVENUE RECONSTRUCTION PROJECT. FROM ESPANOLA WAY TO LINCOLN ROAD. WHICH PROJECT IS SCHEDULED TO BE CONSTRUCTED BY A CITY CONTRACTOR IN 1998. ON AN EXPEDITED SCHEDULE. TO: SUBJECT: ADMINISTRATION RECOMMENDATION Approve the Resolution. BACKGROUND Consistent with the Local Agency Program (LAP) Certification received by the City in July of 1996, the City requested and the Florida Department of Transportation (FDOT) has agreed to transfer $1.43 million in State funds to the City to improve the Espanola Way to Lincoln Road-segment of SR A 1 A/Collins Avenue. The purpose of the attached Reimbursement Agreement is to expedite the roadway construction and meet the deadline established for the Convention Center hotel and garage projects. The elements of the FOOT-funded project are roadway reconstruction, drainage upgrading, replacement of curb and gutter, replacement of sidewalks, lighting upgrading, landscaping, and replacement of the existing signalization along the project limits. FOOT has prepared the plans, specifications, and estimates for the Collins Avenue project. The plans have been reviewed by the City's Project Review Committee, and are consistent with the plans for the two hotels, the garage, and the construction projects, as approved by the Design Review Board. AGENDA ITEM c.. 1 AI DATE~7 ANAL YSIS The Reimbursement Agreement with FDOT provides $1.3 million for project construction and $130,000 for construction inspection. These funds have been budgeted by FDOT in two years, as follows: $869,000 in FY 1997-98 and $561,000 in FY 1998-99, and carry llQ matching obligations by the City. The total $1.43 million in State funds wiH be available for disbursement to the City, on an incremental basis, after FDOT receives and approves the contractor invoices previously paid for and submitted by the City. A bid procedure which abides by State rules and regulations is required for the construction phclse of this project. Project construction is scheduled to begin immediately after the Miami Beach Boat Show ends. This Reimbursement Agreement and the City's LAP-Certified status do ensure City- control over the Collins Avenue Reconstruction Project, from Espanola Way to Lincoln Road. CONCLUSION Approval of the R:eimbursement Agreement with FDOT is essential if the City and its future contractor are to meet the one-year schedule, herein established. y JGP/HM/AJ/aj (collins) REIMBURSEMENT AGREEMENT WITH CITY OF MIAMI BEACH, FLORIDA STATE PROJECT NUMBER 87060-3574 W.P.I. NUMBER: 6114325 COLLINS AVENUE RECONSTRUCTION FROM: ESPANOLA WAY TO: LINCOLN ROAD This agreement, made and entered into this day of , 1997 by and between the STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION, hereinafter called the "DEPARTMENT" and CITY OF MIAMI BEACH, hereinafter called the "CITY", WITNESSETH WHEREAS, the DEPARTMENT is prepared to participate under the Local Government Reimbursement Program pursuant to section 339.12(5), Florida Statutes (1996)for the "PROJECT" described as follows: WHEREAS, the CITY currently has a project to install new water mains, new sanitary sewer lines, new electrical services as well as telephone services in the vicinity of Collins Avenue between Espafiola Way and Lincoln Road. Included in this project is the construction of 16th Street between Washington Avenue and Collins Avenue; and WHEREAS, the CITY'S project is eligible for participation in the Local Government Reimbursement Project pursuant to section 339.12(5), Fla. Stat.; and WHEREAS, the DEP AR TMENT has, in its work program a project which includes the same area. The limits of the DEPARTMENT'S project are 5th Street to 26th Street. The scope of work for the DEPARTMENT'S project consists of milling and resurfacing/partially reconstructing, replacing curb & gutter, replacing sidewalk, upgrading lighting, upgrading drainage, and replacing signalization along the DEPARTMENT'S project limits; and NOW THEREFORE, in consideration of the mutual benefits to be derived from the joint participation in the PROJECT, the parties agree to the following: 1. The purpose of this agreement is to provide state financial assistance to eligible local governments on eligible projects pursuant to section 339.12(5), Fla. Stat. and/or the Florida Transportation Plan. 2. The DEPARTMENT will prepare the plans, specifications and estimates for the project. Projects on the State Highway System will incorporate Department Standards and will be reviewed and approved by the DEPARTMENT and the FEDERAL HIGHWAY ADMINISTRATION to perform the appropriate PROJECT phase. 3. Except as otherwise authorized in writing by the DEPARTMENT, the CITY shall not execute any contract or obligate itself in any manner requiring disbursement of DEPARTMENT funds, including consultant or construction contract or amendments thereto, with any third party with respect to the PROJECT without the written consent of the DEP AR TMENT. The DEP AR TMENT specifically reserves the right to review the qualifications of any consultant or contractor and to approve or disapprove the employment of the same. It is understood and agreed by the parties hereto that participation by the - 2 - DEPARTMENT in a project with CITY, where said project involves a consultant contract for engineering, architecture or surveying services, is contingent on the CITY complying in full with provisions of section 287.055, Fla. Stat., Consultants Competitive Negotiation Act. In all cases, the CITY shall certify to the DEPARTMENT that selection has been accomplished in compliance with the Consultant's Competitive Negotiation Act. 4. The CITY will let and administer the PROJECT. The CITY shall obtain all necessary permits from the DEPARTMENT, and other concerned agencies prior to entering upon DEPARTMENT'S right of way to accomplish the construction. 5. The CITY agrees to administer the PROJECT in compliance with all laws governing the DEPARTMENT. 6. Funds provided by the DEPARTMENT through this agreement shall be expended exclusively for the DEPARTMENT'S project within the DEPARTMENTS limits, all in accordance with th(~ DEPARTMENT'S scope of work indicated in Attachment "A". 7. The DEPARTMENT shall provide the CITY the DEPARTMENT'S project estimated eligible cost as follows: a. Construction Engineering Inspection (C.E.I.) Up to $ 130,000 and construction up to the contract amount ($ 1,300,000) for work items identified as the DEPARTMENT'S scope of work indicated in Attachment "A". The DEP AR TMENT' S participation shall be limited to all costs identified as the DEPARTMENT'S scope of work as indicated in Attachment "A" and any field changes as may be required relating to said scope of work and agreed to in writing by both parties. Schedule of Disbursements The disbursements for the incurred engineering construction and C.E.1. expenses shall only be made on a reimbursement basis, upon submission, to the DEPARTMENT, of paid consultants and/or contractor's invoices, but not to exceed the following: Total funds available for disbursement is $869,000 in Fiscal Year 1997/1998 and $561,000 in Fiscal Year 1998/1999. 8. The CITY and the DEPARTMENT will be responsible for cost overruns identified within their respective scope of work. 9. In the event this agreement is in excess of TWENTY FIVE THOUSAND DOLLARS ($25,000.00) or has a term for a period of more than one year, the provisions of section 339.135 (6) (a), Fla. Stat. (1996) are hereby incorporated: - 3 - "The Department shall not, during any fiscal year, 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 such fiscal year. Any contract, verbal or written made in violation of this subsection shall be null and void and no money shall be paid thereon. The Department shall require a statement from the Comptroller of the Department that funds are available prior to entering into any such contract or other binding commitment of funds. Nothing herein contained shalll prevent the making of contracts for a period 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 shalll be incorporated verbatim in all contracts of the Department in excess of $25,000.00 and having a term for a period of more than one year". 10. The DEPARTMENT agrees to pay the Contractor for the herein described services at a compensation as detailed in this Agreement. 11. Payment shall be made only after receipt and approval of goods and services unless advance payments are authorized by the State Comptroller under Section 215.422(14), Florida Statutes. 12. If this Contract involves units of deliverables, then such units must be received and accepted in writing by the Contract Manager prior to payments. 13. Conltractors providing goods and services to the Department should be aware of the following time frames. Upon receipt, the DEPARTMENT has five (5) working days to inspect and approve the goods and services, unless the Agreement specifies otherwise. The DEPARTMENT has 20 days to deliver a request for payment (voucher) to the Department of Banking and Finance. The 20 days are measured from the latter of the date the invoice is received or the goods or services are received, inspected and approved. 14. If a payment is not available within 40 days, a separate interest penalty at a rate as established pursuant to Section 215.422(3)(b), Florida Statutes, will be due and payable, in addition to the invoice amount, to the Contractor. Interest penalties of less than one (1) dollar will not be enforced unless the Contractor requests payment. Invoices which have to be returned to a Contractor because of Contractor 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. 15. A Vendor Ombudsman has been established within the Department of Banking and Finance. The duties of this individual include acting as an advocate for contractors/vendors who may be experiencing problems in obtaining timely payment(s) from a state agency. The Vendor Ombudsman may be contacted at (904) 488-2924 or by calling the - 4 - State Comptroller's Hotline, 1-800-848-3792. 16. A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontra.ctor, or consultant under a contract with any public entity, and may not transact busin~ss with any public entity in excess of the threshold am.ount provided in s. 287.017 for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list. 17. The DEPARTMENT'S obligation to pay under this section is contingent upon an annual appropriation by the Florida Legislature. 18. The CITY agrees to keep complete records and accounts of all costs, expenditures and other items incidental to the offering for public bid and prosecution and construction of the project. No funds provided to the CITY, for the PROJECT, by the DEPARTMENT shall be expended for other than eligible expenses for the PROJECT. Such books and records shall be available at all reasonable times for examination and audit by the DEPARTMENT, as well as other State and Federal auditors. Incomplete or incorrect entries in such books and records will be ineligible for reimbursement and/or financial participation by the DEPARTMENT and any fees, expenses or costs based on such entries shall not be reimbursed. 19. The CITY agrees to keep such records and accounts and to require any and all contractors and subcontractors to keep such records and accounts as may be necessary to substantiate its request for payment from the DEPARTMENT. Such books and records shall be available at all reasonable times for examination and audit by the DEPARTMENT and shall be kept for a period of five (5) years after the completion of the work to be performed pursuant to this agreement. Incomplete or incorrect entries in such books and records shall be grounds for the DEPARTMENT declaring those fees or expenses ineligible for reimbursement and/or financial participation by the DEPARTMENT. 20. The CITY agrees to submit bills for fees or other compensation for services and expenses in detail sufficient for a proper post audit. 21. The CITY agrees that bills for any travel expenses be submitted in accordance with section 112.061, Fla. Stat. 22. The CITY agrees that the DEPARTMENT shall have the right to unilaterally cancel this agreement for refusal by the CITY or its contractor to allow public access to all documents, papers, letters or other material subject to the provisions of section 119, Fla. Stat. - 5 - 23. The CITY warrants that it has not employed or obtained any company or person, other than bona fide employees or consultants of the CITY to solicit or to secure this agreement and it has not paid or agreed to pay any company, corporation, individual or firm, other than a bona fide employe~: or consultant employed by the CITY. For the breach or violation of this provision, the DEPARTMENT shall have the right to terminate this agreement without liability at its discretion and to withhold additional payments or funds budgeted and allocated for the PROJECT. 24. This agreement or any interest herein shall not be assigned, transferred or otherwise encumbered under any circumstances by the CITY without the prior written consent of the DEPARTMENT. However, the agreement shall be binding to the DEPARTMENT and its successors. 25. To the extent permitted by section 768.28 Fla. Stat., the CITY shall indemnify, defend, save, and hold harmless the DEPARTMENT and all its officers, agents or employees from all suits, actions, claims, demands, liability of any nature whatsoever arising out of, because of, or due to breach of the Agreement by the CITY or its subcontractors, agents, employees or due to any negligent act, or occurrence of omission or commission of the CITY, its subcontractors, agents or employees. 26. This agreement shall continue in effect and be binding on both the CITY and the DEPARTMENT until the PROJECT is completed, final costs are known and appropriate reimbursements are: made by the CITY or DEPARTMENT. 27. This agreement shall be governed by and construed according to the laws of the State of Florida. 28. The DEPARTMENT shall exclude all PROJECT costs incurred by the CITY prior to the effective date of this agreement or prior to the date of the PROJECT grant application. 29. If the PROJECT is on a State Highway System the Minority Business Enterprises requirements of 49 CFR Part 23 and section 339.149, Fla. Stat. shall apply to this agreement. Minority business enterprises and disadvantaged business enterprises have the maximum opportunity to participate in the performance of PROJECT contracts. 30. The CITY and its contractors shall not discriminate on a basis ofrace, age, color, national origin, or sex in the award and performance of PROJECT contracts and the selection of applicants for employment in connection with the carrying out of this PROJECT. 31. If any provision of the 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 requirements of applicable law. - 6 - 32. The parties agree that venue for any legal processing arising out of this agreement shall be in Dade County, Florida. 33. The CITY shall, by the issuance of a resolution by its board of commissioners, ratify this agreement. Such resolution will be hereby attached and incorporated into this agreement as Attachment "B". 34. All notices, requests, demands, consents, approvals and other communications which are required to be served or given hereunder, shall be in writing and shall be sent by registered mail or certified u.s. mail, return receipt requested, postage paid, addressed to the party to receive such notices as follows: To Department: DESIGN Alejandro G. Meitin, P.E. Florida Department of Transportation 1000 N.W. 111th Avenue, Room 6113 Miami, Florida 33172-5800 CONSTRUCTION Gustavo Graupera, P.E. Florida Department of Transportation 1000 N.W. II1th Avenue Miami, Florida 33172-5800 To City: Harry Mavrogenes Assistant City Manager City of Miami Beach City Manager's Office 1700 Convention Center Drive Miami Beach, Florida 33139 With copies to: Murray Dubbin City Attorney City of Miami Beach City Attorney's Office 1700 Convention Center Drive Miami Beach, Florida, 33139 - 7 - BY: DEPARTMENT OF TRANSPORTATION ATTEST: CITY CLERK .--, ATTES~L) EXECUTIVE S RET AR Y APlPROVED AS TO FORM AND LEGALITY /t41 f{/dli/ City Attorney's Office - 8 - ATTACHMENT "A" The scope of the PROJECT (State Project Number 87060-3574) is as follows: Reconstruction ofS.R. AlA (Collins Avenue) in the City of Miami Beach from Espafiola Way to Lincoln Road. IncJuded in this project is updating the lighting, storm drainage system, signalization, and signing & pavement markings as well as the inclusion of landscaping along the corridor. The PROJECT will reconstruct the pavement, curb & gutter, as well as the sidewalk throughout the project limits up to the R/W Line. This PROJECT will install new drainage structures along Collins Avenue, Espanola Way, 15th Street, and Lincoln Road adjacent to the project. It will include the installation of new lighting and landscaping along the corridor as well as the installation of new signals at Espanola Way, 15th Street, and Lincoln Road. State Project Number 87060-3574 WILL NOT include any work required to construct 16th Street between Washington Avenue and Collins Avenue, including the signal at Collins Avenue and 16th Street. No State Funds shall be used for the construction of 16th Street. - 9 - ~ ~~ . ~.: ==========:======================================================== ENCUMBRANCE INPUT FORM ==========:======================================================== RUSH _ (Needed by _/_/_ (date)) Reason for RUSH : Advert i se (Lett i ng Date) _ Award Renewa 1 Letter of Authorization XX New Court Order Overrun Supplemental _ Correction _ Addition _ Termination Agmt Contract # _AF296__ Contract Type AK Vendor Name CITY OF MIAMI BEACH Has Written/Verbal Approval from a been received Yes XX No Agmt Amt State Funds 100% Local Funds Beginning date of this Agmt: 11/01/97(Must be after fund approval) Ending date of this Agmt: 11/01/00(Estimate if necessary) PtxeLLlnbi'-U(t~lt-e"-CW-'fhTs""A~itft: 10/20/97 (On I fOi'f or i g i na I ctgr-ee-meriTs) Has work been authorized to begin? _ Yes XX No Have standard financial provisions been altered by contract terms? N/A Yes No If so, show Revision date: Does this agreement and/or change order include provisions for reimbursement to D.O.T. from other entities? Yes XX No so, has' the JPA been approved by the COMPTROLLER?_ Yes __ No Method of Procurement G 10 F596000372-011 Participating Federal Agency Fed If *** ****** ****.. * * * * * * * *. *** * *' * *.. *' * * * * *' *.. * *.. * * * * * *' * * * * * * * * * *' * * *..... * Brief description of work: REIMBURSEMENT AGREEMENT WITH THE CITY OF MIAMI BEACH TO RECONSTRUCT COLLINS AVENUE. **.** ******* * * * * * * * * * * ** * ** * ** * *.. * * *'.. * *. * * *. *.............. *. * * * *. ORG-CODE *EO * OBJECT * AMOUNT * CO/SEC/JOB#/PH *FCT (PROGRAM#) (WPI # ) (FUND) numer i c ( FY's ) To be completed if funded in 2 or more fiscal years. -----------.------------------------------------------------------ -----------.------------------------------------------------------ 55 863830643 *11 * 790892 * $ 869,000.00 *87060/3574/50/119 (3003 ) (6114325 ) ( 010) (97/98 ) ------------- -- - - - - ---------------- - - -- - - - - - - ---- - -- - - - - - - -- - - - -- 55 063030643 *11* 790092 * ( $ 561,000.80 * 87868/3574/50/119 3083) (6114325 ) (010) (98/99) -------------- --- --------------- - - - --- -- - - - --- ------ - - - - - - - - - - - -- TOTAL AMOUNT $ 1,430,800.00 ------------------------------------------------------------------ ------------------------------------------------------------------ Originator: A. MEITIN/G.C._____ Date: 18-8-97_ Phone: SC 429-5271 E-mail user 10 MB688GC *.. It..*.... **...* *... * *.. It....*... *'............................. *........ *........... TO BE COMPLETED BY OFFICE OF COMPTROLLER *.** ...... *** *'.*. *... *.. *.... * *........... *.... * *. * ..... * * * * *.. *.. * * * BUDGET ENTITY 5590 CATEGORY __088717-98 WORK ORDER BALANCE __AUTH. ON 10/8=869,000.00 ALLOTMENT___62,758.016.33 DATE CHECKED 18/8/97 FUNDS REVIEWED BY: CLAIRE UMLAUF DATE 10/9/97 STATE OF FLORIDA OEPIIRTMENT OF TRANSPORTATION CONT~CT ~TATUS CHANGE , FORM~ CX>MPTROLLER - FIN ADMIN - O2I9F" Page 1 0/:; AGENCY USE: COMPTROUER'S USE: Return to: Received d.1te: Approved date: Approved by: Mail Station: Phone #: Fax#: CONTRACT REVIEW CHECKUST SITElDISTRlCT 6 @ Original Contract or 0 Amendment or 0 Renewal or OSUPPLEMENTAL or o LETTER OF AUTHORIZATION or Vendor Name: CI '~7 0,/ Ph ~",,/ 6t'&fc.-n Contract Number: --"A r:- c3 9 C, Vendor FEIISS Number: o Addition or 0 Award or o TIME EXTENSION Status Code: f t1 ,.c F~c' () 0 CJ .:3 ?2- Of I Total Executed Agreem~mt Amount: $ /$ THIS ACTION TO DATE WPI Number: WPI Number: WPI Number: ~ //'Y3~5' Job Number: 3' 7 () G a - 35"7 <f/ Job Number: Job Number: Date of Contract Execution (Last Signed Date): If last date signed> contract start date you must submit emergency certification (287.058 F.S.(2) 1) or Certificate of noncompliance (287.058 F.S.(2)) or settlement document (CM4 (87-88) or CM11 (91-92)) Contract Begin Date: . 11/ 1/9 7 Contract Renewable: 0 Yes <&> No Contract End Date: Service Type (6-digit): II/(Jlloo 99 / ~ 7/ 0 Status Code Legend: 10 = Executed Contract 50 = Completerrerminated Contract 4X = In Audit (Indicate Year) 99 = Post Design Service . Denotes areas to be completed by Project Manager. SAMAS Operating level Agency Code: 55 CONTRACT SAMAS ACCOUNT CODE: 55102540001-5590000000 55202586001-5590000000 (Category = 6 digits) (Category = 6 digits) (Year = 2 digits) (Year = 2 digits) PRIMARY BOND . 10. Deliverables/Milestones - (must be clear, detailed, concise language I.e., tasks, % complete, time frame or milestones, goods, services) Management Name -:t.(...v",\ Co",-d- V\ LI c... 6 0 ^<.- Management Title Management Approval Signature Management Approval Date 10/101'17 Complete only applicable portions of checklist for renewals, amendments, etc.