HomeMy WebLinkAboutReso 2017-2713 RESOLUTION NO. 2017- 2-1 I
A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF SUNNY ISLES BEACH, FLORIDA, AUTHORIZING THE
CITY MANAGER TO ENTER INTO A DEPARTMENT FUNDED
AGREEMENT WITH THE FLORIDA DEPARTMENT OF
TRANSPORTATION (FDOT) FOR THE INSTALLATION OF
DECORATIVE STREET LIGHTING, ATTACHED HERETO, IN
SUBSTANTIALLY THE SAME FORM, AS EXHIBIT "A";
AUTHORIZING THE CITY MANAGER TO EXECUTE SAID
AGREEMENT, PROVIDED SAID AGREEMENT IS FIRST
REVIEWED AS TO FORM AND LEGAL SUFFICIENCY BY THE
CITY ATTORNEY; AUTHORIZING THE CITY MANAGER AND
CITY ATTORNEY TO DO ALL THINGS NECESSARY TO
EFFECTUATE THIS RESOLUTION; PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, the City of Sunny Isles Beach (the "City") intends to install decorative
street lightings along Collins Avenue; and
WHEREAS, the Florida Department of Transportation ("FDOT") and the City are
required to enter into a Department Funded Agreement ("DFA") for the installation of decorative
street lightings along Collins Avenue; and
WHEREAS, FDOT has agreed to fund the upgrade of decorative street lighting along
Collins Avenue in substantially the same form as attached as Exhibit "A"; and
WHEREAS, the City Commission wishes to authorize the City Manager to enter into the
DFA for the decorative street lightings.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF SUNNY ISLES BEACH, FLORIDA, AS FOLLOWS:
Section 1. Approving the Authorization to the City Manager. The City Commission hereby
authorizes the City Manager to execute the DFA with FDOT provided that such agreement is in
substantially the same form attached hereto as Exhibit "A" and is reviewed by the City Attorney
for form and legal sufficiency.
Section 2. Authorization of City Manager and City Attorney. The City Manager and City
Attorney are hereby authorized to do all things necessary to effectuate this Resolution.
Section 3. Effective Date. This Resolution shall become effective upon adoption.
FDOT Street Lighting DFA Page I of 2
PASSED AND ADOPTED this 20th day of July 01 .
George • . Scholl, Mayor
A
ATT y. ,T:i ,
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v. 1 , �. rte
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v' `•
`'p Mauricio`Betancur,-:CMC, Acting City Clerk
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`APPROVED AST() FORM
AND AL SUFFICIENCY:
I, I
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i
IIIcc
'an!. •ttinot, City Attorney
Moved by: CM& Svc,c4 Ai
Seconded by: COQ- 6 AITD
Vote:
Mayor Scholl ✓(Yes) (No)
Vice Mayor Goldman ✓(Yes) (No)
Commissioner Aelion- Atretrei (Yes) (No)
Commissioner Gatto (Yes) (No)
Commissioner Svechin ✓ (Yes) (No)
FDOT Street Lighting DFA Page 2 of 2
Contract Number: AS 8 %
CSFA/CFDA Number:
DEPARTMENT FUNDED AGREEMENT
BETWEEN
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
AND
THE CITY OF SUNNY ISLES BEACH
THIS AGREEMENT is made and entered into this A3/W day of SQnaar
20 , between the State of Florida Department of Transportation, a component agency of the
State of Florida, hereinafter referred to as the `DEPARTMENT', and the City of Sunny Isles
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.)
AIA/Collins Avenue; and
WHEREAS, the DEPARTMENT is undertaking a roadway project on SRAIA/Collins
Avenue, which included standard lighting improvements, within CITY corporate limits from
Bayview Drive to SR856/192 Street (for purposes of this Agreement, the "Project Limits"); and
WHEREAS, the CITY intends to undertake undergrounding utility work within the
Project Limits, and, in conjunction therewith, desires to construct and install decorative lighting
improvements, including pedestrian liKing improvements within the Project Limits (for purposes
of this Agreement, the "PROJECT") in conjunction with the CITY's undergrounding utility work;
and
WHEREAS, the CITY has retained a contractor to provide, construct, install or cause to
be installed decorative lighting and pedestrian crossing lighting at several intersections, within the
Project Limits; and
WHEREAS, the DEPARTMENT has programmed funding for the PROJECT under
Financial Project Number 430949-3-58-01, and has agreed to reimburse the CITY for eligible
PROJECT costs up to a maximum limiting amount outlined in the attached Exhibit `B", `Financial
Summary', incorporated herein by reference, which amount is the estimated cost of
DEPARTMENT standard lighting; and
WHEREAS, the CITY has agreed to fund the increased cost of installing the decorative
lighting (over and above the cost of the standard lighting), including pedestrian lighting at several
intersections within the Project Limits, as further described in the attached Exhibit "A", "Scope of
Services, incorporated herein by reference; and
Page 1 of 23
Department Funded Agreement between the Florida Department of Transportation and the CITY
Financial Project Number # 430949-3-58-01
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:
1. 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.
2. 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 Resolution', and is herein incorporated by reference.
c. The CITY shall construct, administer, supervise, implement, evaluate and
inspect all aspects of PROJECT construction until completion, as further
defined in Exhibit "A", `Scope of Services'. 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.
The CITY intends to utilize an existing competitively bid contract (Contract
No. C6155 1516-047), procured pursuant to Invitation to Bid No. 15-12-02, for
construction of the PROJECT.
d. The CITY shall be responsible, at the CITY's sole cost and expense, for
providing PROJECT Construction Engineering Inspections (CEI) services by a
DEPARTMENT prequalified consultant firm, including an experienced
lighting construction senior inspector to inspect and document the PROJECT.
The CEI staff shall be present on the PROJECT at all times that the CITY's
construction contractor is working. Administration of the CEI staff shall be
under the responsible charge of a State of Florida Licensed Professional
Page 2 of 23
Department Funded Agreement behveen the Florida Department of Transportation and the City
Financial Project Number # 430949-3-58-01
Engineer who shall provide the certification that all design and construction for
the PROJECT meets the minimum construction standards established by
DEPARTMENT. The DEPARTMENT shall approve the CEI firm. The CEI
firm shall not be the same firm as that of the Engineer of Record for the
PROJECT. The CEI services shall be procured in accordance with the
provisions of the Consultant's Competitive Negotiation Act (Chapter 287.055,
F.S.);
e. In order to avoid conflict with the DEPARTMENT's roadway project, all
services performed by the CITY within the Project Limits shall be coordinated
with the DEPARTMENT CEI for its roadway project
f. The CITY shall not execute any contract or obligate itself in any manner
requiring the disbursement of DEPARTMENT funds, including but not limited
to, 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. The CITY shall provide to the DEPARTMENT
copies of all fully executed PROJECT contracts, including but not limited to,
contracts related to costs for PROJECT construction and material
g. The CITY's attorney shall certify to the DEPARTMENT:
(i) 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.); and
(ii) 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.
Such certification includes the contract procured by the CITY pursuant to
Invitation to Bid No. 15-12-02.
h. 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.
i. 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.
Page 3 of 23
Department Funded Agreement between the Florida Department of Transportation and the City
Financial Project Number # 430949-3-58-01
j. The DEPARTMENT shall reimburse the CITY for eligible PROJECT costs as
defined in Exhibit `B", `Financial Summary', and in accordance with the
financial provisions in Section 3 of this Agreement.
k. The DEPARTMENT grants to the CITY, and its agents, employees, consultants
and contractors, a right of entry on the DEPARTMENT's right of way within
the Project Limits, for any and all purposes in connection with the PROJECT
work that the CITY shall perform in accordance with this Agreement. This
right of entry shall be limited to the term of this Agreement and is not intended
to create any property rights in the CITY.
1. 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.
m. 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.
n. In addition to the provisions under this Section 2, the CITY shall comply with
all terms and conditions under DEPARTMENT Permit No. 2016 C 691 18. In
the event of any conflict between this Agreement and the Permit, regarding
PROJECT construction matters, the provisions of the Permit shall prevail.
3. FINANCIAL PROVISIONS
a. The DEPARTMENT agrees to a maximum participation for actual eligible
costs in the PROJECT in the amount of TWO MILLION FIVE HUNDRED
FIVE THOUSAND FIVE HUNDRED AND SIXTY SIX DOLLARS
($2,505,566.00), as set forth in Exhibit `B" hereto (the DEPARTMENT's
"maximum limiting amount"). Any work performed prior to the Effective Date
shall not be eligible for reimbursement. The Effective Date shall be the date
upon which the Agreement is executed by the DEPARTMENT.
b. Additionally, eligible reimbursement costs of the contingency sum identified in
Exhibit `B" shall be limited to unforeseen work or material related to the Scope
of Services and deliverables identified in this Agreement, requires the prior
approval of the DEPARTMENT before such work is undertaken or the cost
incurred. 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.
Page 4 of 23
Department Funded Agreement between the Florida Department of Transportation and the City
Financial Project Number # 430949-3-58-01
c. 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.
d. 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.
e. 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.
f. 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 430949-3-58-01, and the
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.)
g. Invoices shall be submitted by the CITY in detail sufficient for a proper pre -
audit and post audit thereof, based on quantifiable, measurable 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.)
h. 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.
i. There shall be no reimbursement for travel expenses under this Agreement.
j. 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.).
k. If payment is not available within forty (40) days, a separate interest penalty at
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
Page 5 of 23
Department Funded Agreement between the Florida Department of Transportation and the City
Financial Project Number 4 430949-3-58-01
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.
1. 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.
(Section 215.422(5) and (7), F.S.)
m. 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 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.)
n. 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 I year."
o. The DEPARTMENT's obligation to pay is contingent upon an annual
appropriation by the Florida Legislature. (Section 216.311, F.S.)
Page 6 of 23
Department Funded Agreement between the Florida Department of Transportation and the City
Financial Project Number # 430949-3-58-01
4. ADDITIONAL OBLIGATIONS OF THE CITY
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 DEPARTMENT shall approve the CITY final Project Design Plans (PDP). In
the event of any major modifications to the DEPARTMENT approved PDP, the
CITY shall submit such proposed modified plans to the DEPARTMENT for review
and approval. In the event that any major modifications are required during
construction, the CITY shall immediately notify the DEPARTMENT prior to
implementing the same, and the parties shall cooperate to review the matter in a
timely manner so that the timely DEPARTMENT'S roadway construction schedule
is not affected. A "major modification" is any modification that materially alters
the kind or nature of the work depicted in the approved PDP, or that alters the
integrity or maintainability of the improvements or related components. The
DEPARTMENT shall have a period of fourteen (14) business days from the date
that the CITY submits proposed the modified plans for review and comment. The
DEPARTMENT shall not unreasonably withhold, condition, or delay its approval
to a proposed major modifications to the PDP. If approved by the DEPARTMENT,
any and all such approved major modifications shall be deemed to be incorporated
into, and shall become part of, the DEPARTMENT approved PDP.
c. The CITY shall require its construction contractors to maintain, at all times during
the PROJECT construction, Commercial General Liability insurance providing
continuous coverage for all work or operations performed under the construction
contract(s). Such insurance shall be no more restrictive than that provided by the
latest occurrence form edition of the standard Commercial General Liability
Coverage Form (ISO Form CG 00 01) as filed for use in the State of Florida. The
limits of coverage shall not be less than $1,000,000 for each occurrence and not
less than a $5,000,000 annual general aggregate, inclusive of amounts provided by
an umbrella or excess policy, or such other minimum insurance coverage that may
be required by the DEPARTMENT's Standards and Specifications for Road and
Bridge Construction, as amended from time to time. The CITY shall further cause
its contractors to name the DEPARTMENT as additional insured party on the afore-
stated policies, and to provide evidence of Workers' Compensation Insurance in
accordance with the laws of the State of Florida, and in amounts sufficient to secure
the benefit of the Florida Workers' Compensation law for all employees, and
provide the DEPARTMENT with the required Certificate of Insurance prior to
commending work.
d. To the extent provided by Florida law, and without waiving any limitations on
the City's liability under Florida law (including without limitation, Section 768.28
F.S.), the CITY shall indemnify, defend and hold harmless the DEPARTMENT
against any actions, claims, or damages arising out of, relating to, or resulting from
negligent or wrongful act(s) of any of its officers, agents or employees, acting
within the scope of their office or employment, in connection with the rights
Page 7 of 23
Department Funded Agreement between the Florida Department of Transportation and the City
Financial Project Number # 430949-3-58-01
granted to or exercised by the CITY hereunder, to the extent and within the
limitations of Section 768.28, Florida Statutes. The foregoing indemnification shall
not constitute a waiver of sovereign immunity beyond the limits set forth in Florida
Statutes, Section 768.28, nor shall the same be construed to constitute agreement
by the CITY to indemnify the DEPARTMENT for the negligent acts or omissions
of the DEPARTMENT, its officers, agents or employees. Nothing herein shall be
construed as consent by the CITY or the DEPARTMENT to be sued by third parties
in any manner arising out of this Agreement.
e. The CITY shall notify the DEPARTMENT prior to commencing PROJECT
work. Such notice shall be provided to Adriana Manzanares, Project Manager, via
email at Adriana.manzanares(a dot.state.fl.us or by telephone at (305) 470-5283 or
Heidi Solaun, Assistant Construction Engineer at Heidi.solaun@&dot.state.fl.us or
by telephone at (305) 640-7443. Thereafter, the CITY's CEI shall continue to
coordinate with the DEPARTMENT's roadway project CEI. The CITY agrees that
the DEPARTMENT may, at reasonable times during the construction of the
PROJECT, inspect the PROJECT construction site, and perform such tests as are
reasonably necessary to determine whether the goods or services required to be
provided by the CITY'S construction contractors, pursuant to their agreements with
the CITY, conform to the terms of said agreements.
Upon completion of construction, the CITY shall invite the DEPARTMENT on a
final inspection of the PROJECT, and will incorporate those DEPARTMENT
concerns that are within the scope of the PROJECT construction contract, into the
final PROJECT punch lists with the CITY contractors. The DEPARTMENT shall
have the right to inspect and to perform tests, but not the obligation to do so. This
provision shall not be construed to alter the CITY's obligation to perform
construction engineering inspections and testing of the PROJECT under this
Agreement.
Upon completion of the final construction inspection of the PROJECT by the
DEPARTMENT, once the DEPARTMENT CEI determines that the CITY has
satisfactorily completed the work, the DEPARTMENT CEI will provide the CITY
written notice of final acceptance. It is understood and agreed that the
DEPARTMENT shall retain ten percent (10%) of the maximum eligible
reimbursement sum identified in Exhibit B herein until the DEPARTMENT has
issued such notice of final acceptance, and reviewed and approved the final invoice
by the CITY, in accordance with Paragraph 10 of this Agreement.
f. The CITY shall be required to obtain all necessary permits for the PROJECT
from pertinent governmental agencies, prior to commencing construction of the
PROJECT.
g. Upon completion of all work related to construction of the PROJECT, the CITY
will be required to submit to the DEPARTMENT final as -built plans for the
PROJECT improvements and an engineering certification that construction was
Page 8 of 23
Department Funded Agreement between the Florida Department of Transportation and the City
Financial Project Number # 430949-3-58-01
completed in accordance with the approved PDP. Additionally, the CITY shall
vacate those portions of the DEPARTMENT's right-of-way used to construct the
PROJECT, and shall remove the CITY's and/or its contractors', property,
machinery, and equipment from said portions of the DEPARTMENT's right-of-
way. Furthermore, the CITY shall restore those portions of the DEPARTMENT
right-of-way damaged by PROJECT construction activities to the same or better
condition than that which existed immediately prior to commencement of the
construction of the PROJECT.
h. E -Verify:
The CITY shall:
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)
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.
5. GOVERNING LAW
This Agreement shall be governed and construed in accordance with the laws of the
State of Florida.
6. AMENDMENT
This Agreement may be amended by mutual agreement of the DEPARTMENT and
the CITY expressed in writing, executed and delivered by each party.
7. 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.
8. 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
Page 9 of 23
Department Funded Agreement benveen the Florida Department of Transportation and the City
Financial Project Number 9 430949-3-58-01
and
With copies to:
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 6247
Miami, Florida 33172-5800
Attn: Adriana Manzanares
Project Manager
Ph: (305) 470-5283; Fax: (305) 470-5480
E-mail: Adriana.Manzanares@dot.State.fl.us
To CITY: City of Sunny Isles Beach
Christopher J. Russo, City Manager
Email: crusso@sibfl.net www.sibfl.net
Hans Ottinot, City Attorney
City of Sunny Isles Beach
18070 Collins Avenue
Sunny Isles Beach, FL 33160
PH: 305.792.1776
Fax: 305.792.1683
Cell: 786.202.1131
City Project Manager
Paul Abbott
18070 Collins Avenue
Sunny Isles Beach, F133160
Cell: 305.773.6255
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.
9. EXPIRATION OF AGREEMENT
The CITY agrees to complete the PROJECT on or before December 31, 2019 if no
delays beyond the control of the CITY or its contractors. If delays are caused by
Page 10 of 23
Department Funded Agreement between the Florida Department of Transportation and the City
Financial Project Number # 430949-3-58-01
matters beyond the control of the CITY, the PROJECT's completion time period
shall be extended to a reasonable time period. If the CITY does not complete the
PROJECT within this time period or extended 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.
10. INVOICING AND PROGRESS REPORTS
In order to obtain any payments, the CITY shall:
i. Submit bi-monthly progress reports that: 1) describe the work performed; 2)
adequately justify and support the payment requested; and 3) are in a format that is
acceptable to the DEPARTMENT; and
ii. Submit to the DEPARTMENT bi-monthly invoices on CITY forms and such
other data pertaining to the PROJECT in support of the invoice total; and
iii. Comply with all applicable provisions of this Agreement.
CITY will invoice the DEPARTMENT on a bi-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 April 29, 2020, will not be paid.
11. 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, F.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 DEPARTMENT
may assess 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 CITY is unable to resolve
the deficiency, the funds retained shall be forfeited at the end of the Agreement
period.
Page 11 of 23
Department Funded Agreement between the Florida Department of Transportation and the City
Financial Project Number # 430949-3-58-01
12. AUDITS
State of Florida Single Audit Act requirements as outlined in the attached Exhibit
"D", `Audit Reports', are incorporated herein by reference.
13. 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.
-- REMAINDER OF PAGE INTENTIONALLY LEFT BLANK --
Page 12 of 23
Department Funded Agreement hettiveen the Florida Department of Transportation and the City
Financial Project Number 9 430949-3-58-01
IN WITNESS WHEREOF, the parties hereto have executed this Agreement, on the day
and year above written.
CITY OF S
BY:
MA
H. SCH
BEACH:
ATTEST:
(SEAL) MAURICIO B TANCUR
CITY CLERK
STATE OF FLORIDA, DEPARTMENT
OF TRANSPORTATION:
BY: Q
DISTRICTS RETARY
ATTEST: 1 \
(SEAL) EXECUTIVE SECRETARY
LEGAL REVIEW:
DISTRICT CHIEF COUNSEL
Page 13 of 21
Department Funded Agreement behveen the Florida Department of Transportation and the City
Financial Project Number # 430949-3-58-01
EXHIBIT "A"
SCOPE OF SERVICES
The PROJECT work consists of constructing decorative lighting along S.R. AIA/Collins Avenue
from Bayview Drive to S.R. 856/192nd Street in the CITY, including pedestrian lighting at
various intersections. (See attachment Al)
The PROJECT is further defined in Attachment "A1", PROJECT plans (incorporated herein by
reference).
Project Limits: S.R. AIA/Collins Avenue from Bayview Drive to S.R. 856
FDOT Financial Project Number: 430949-3-58-01
County: Miami -Dade
FDOT Project Manager: Adriana Manzanares
CITY Project Manager:
Page 14 of 23
Department Funded Agreement benpeen the Florida Department of Transportation and the City
Financial Project Number # 430949-3-58-01
EXHIBIT "B"
FINANCIAL SUMMARY
Estimated PROJECT costs and deliverables for reimbursement are below -listed
Decorative lighting along S.R. AIA/Collins Avenue from Bayview Drive to S.R. 856/192" d Street in
the CITY, including pedestrian lighting at various intersections.
The CITY shall be reimbursed for eligible costs. up to the maximum limiting amount of
$2,505,566.00. Such maximum limiting amount represents. the increased cost of installin
decorative li;, ting. including pedestrian lighting at several intersections within the Project Limits
and the contingency amount.
Cost of Project: $2,277,783.00
Contingency amount: $227,783.00
Total PROJECT Cost Estimate: $2,505,566.00
Page 15 of 23
Department Funded Agreement benveen the Florida Department of Transportation and the City
Financial Project Number 9 430949-3-58-01
EXHIBIT "C"
RESOLUTION
To be herein incorporated once approved by the CITY Commission.
Page 16 of 23
Department Funded Agreement benveen the Florida Department of Transportation and the City
Financial Project Number 9 430949-3-58-01
EXHIBIT "D"
AUDIT REPORTS
The administration of resources awarded by the Department to CITY be subject to audits and/or monitoring by
the Department, as described in this section. For further guidance, see the Executive Office of the Governor
website, which can be found at: www.fssa.state.fl.us .
MONITORING
In addition to reviews of audits conducted in accordance with OMB Circular A-133 and Section 215.97, F.S., as
revised (see "AUDITS" below), monitoring procedures may include, but not be limited to, on-site visits by
Department staff, limited scope audits as defined by OMB Circular A-133, as revised, and/or other procedures.
By entering into this agreement, the recipient agrees to comply and cooperate fully with any monitoring
procedures/processes deemed appropriate by the Department. In the event the Department determines that a
limited scope audit of the recipient is appropriate, the recipient agrees to comply with any additional instructions
provided by the Department staff to CITY regarding such audit. CITY further agrees to comply and cooperate
with any inspections, reviews, investigations, or audits deemed necessary by the Department's Office of Inspector
General (OIG) and Florida's Chief Financial Officer (CFO) or Auditor General.
AUDITS
PART I: FEDERALLY FUNDED
Recipients of federal funds (i.e. state, local government, or non-profit organizations as defined in OMB Circular
A-133, as revised) are to have audits done annually using the following criteria:
In the event that the recipient expends $500,000 or more in Federal awards in its fiscal year, the recipient
must have a single or program -specific audit conducted in accordance with the provisions of OMB
Circular A-133, as revised. EXHIBIT 1 to this agreement indicates Federal resources awarded through
the Department by this agreement. In determining the Federal awards expended in its fiscal year, the
recipient shall consider all sources of Federal awards, including Federal resources received from the
Department. The determination of amounts of Federal awards expended should be in accordance with
the guidelines established by OMB Circular A-133, as revised. An audit of the recipient conducted by
the Auditor General in accordance with the provisions OMB Circular A-133, as revised, will meet the
requirements of this part.
2. In connection with the audit requirements addressed in Part I, paragraph 1., the recipient shall fulfill the
requirements relative to auditee responsibilities as provided in Subpart C of OMB Circular A-133, as
revised.
If the recipient expends less than $500,000 in Federal awards in its fiscal year, an audit conducted in
accordance with the provisions of OMB Circular A-133, as revised, is not required. However, if the
recipient elects to have an audit conducted in accordance with the provisions of OMB Circular A-133, as
revised, the cost of the audit must be paid from non -Federal resources (i.e., the cost of such an audit must
be paid from recipient resources obtained from other than Federal entities).
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.
Page 17 of 23
Department Funded Agreement between the Florida Department of Transportation and the City
Financial Project Number # 430949-3-58-01
PART II: STATE FUNDED
Recipients of state funds (i.e. a nonstate entity as defined by Section 215.97(2)(1), Florida Statutes) are to have
audits done annually using the following criteria:
In the event that the recipient expends a total amount of state financial assistance equal to or in excess of
$500,000 in any fiscal year, the recipient must have a State single or project -specific audit for such fiscal
year in accordance with Section 215.97, Florida Statutes; applicable rules of the Department of Financial
Services and the CFO; and Chapters 10.550 (Local Governmental Entity Audits) or 10.650 (Florida Single
Audit Act: Audits Nonprofit and For-profit Organizations), Rules of the Auditor General. EXHIBIT 1 to
this Agreement indicates state financial assistance awarded through the Department by this Agreement.
In determining the state financial assistance expended in its fiscal year, the recipient shall consider all
sources of state financial assistance, including state financial assistance received from the Department,
other state agencies, and other non -state entities. State financial assistance does not include Federal direct
or pass-through awards and resources received by a non -state entity for Federal program matching
requirements.
2. In connection with the audit requirements addressed in Part II, paragraph 1 of Exhibit "D" of this
Agreement, the recipient shall ensure that the audit complies with the requirements of Section 215.97(7),
Florida Statutes. This includes submission of a financial reporting package as defined by Section
215.97(2)(d), Florida Statutes, and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit
and for-profit organizations), Rules of the Auditor General.
If the recipient expends less than $500,000 in state financial assistance in its fiscal year, an audit conducted
in accordance with the provisions of Section 215.97, Florida Statutes, is not required. However if the
recipient elects to have an audit conducted in accordance with the provisions of Section 215.97, Florida
Statutes, the cost of the audit must be paid from the non -state entity's resources (i.e., the cost of such an
audit must be paid from the recipient's resources obtained from other than State entities).
State awards are to be identified using the Catalog of State Financial Assistance (CSFA) title and number,
award number and year, and name of the state agency awarding it.
PART III: OTHER AUDIT REQUIREMENTS
The recipient shall follow up and take corrective action on audit findings. Preparation of a summary schedule of
prior year audit findings, including corrective action and current status of the audit findings is required. Current
year audit findings require corrective action and status of findings.
Records related to unresolved audit findings, appeals, or litigation shall be retained until the action is completed
or the dispute is resolved. Access to project records and audit work papers shall be given to the Department, the
Department of Financial Services, and the Auditor General. This section does not limit the authority of the
Department to conduct or arrange for the conduct of additional audits or evaluations of state financial assistance
or limit the authority of any other state official.
PART IV: REPORT SUBMISSION
Copies of reporting packages for audits conducted in accordance with OMB Circular A-133, as revised,
and required by PART I of this agreement shall be submitted, when required by Section .320 (d), OMB
Circular A-133, as revised, by or on behalf of the recipient directly to each of the following:
Page 18 of 23
Department Funded Agreement between the Florida Department of Transportation and the City
Financial Project Number # 430949-3-58-01
A. The Department at each of the following addresses:
Florida Department of Transportation
Office of Comptroller, MS 24
605 Suwannee Street
Tallahassee, Florida 32399-0405
Email: FDOTSin leAudit dot.state.fl.us
B. The Federal Audit Clearinghouse designated in OMB Circular A-133, as revised (the number of
copies required by Sections .320 (d)(1) and (2), OMB Circular A-133, as revised, should be
submitted to the Federal Audit Clearinghouse), at the following address:
Federal Audit Clearinghouse
Bureau of the Census
1201 East 10" Street
Jeffersonville, IN 47132
C. Other Federal agencies and pass-through entities in accordance with Sections .320 (e) and (f), OMB
Circular A-133, as revised.
In the event that a copy of the reporting package for an audit required by PART I of this agreement and
conducted in accordance with OMB Circular A-133, as revised, is not required to be submitted to the
Department for reasons pursuant to section .320 (e)(2), OMB Circular A-133, as revised, the recipient
shall submit the required written notification pursuant to Section .320 (e)(2) and a copy of the recipient's
audited schedule of expenditures of Federal awards directly to each of the following:
Florida Department of Transportation
Office of Comptroller, MS 24
605 Suwannee Street
Tallahassee, Florida 32399-0405
Email: FDOTSi leAudit &,dot.state.fl.us
In addition, pursuant to Section .320 (f), OMB Circular A-133, as revised, the recipient shall submit a
copy of the reporting package described in Section .320 (c), OMB Circular A-133, as revised, and any
management letters issued by the auditor, to the Department at each of the following addresses:
Florida Department of Transportation
Office of Comptroller, MS 24
605 Suwannee Street
Tallahassee, Florida 32399-0405
Email: FDOTSingleAudi1cadot.state.fl.us
Copies of financial reporting packages required by PART II of this agreement shall be submitted by or
on behalf of the recipient directly to each of the following:
A. The Department at each of the following addresses:
Florida Department of Transportation
Office of Comptroller, MS 24
605 Suwannee Street
Tallahassee, Florida 32399-0405
Email: FDOTSingleAudi1gdot.state.fl.us
Page 19 of 23
Department Funded Agreement beween the Florida Department of Transportation and the City
Financial Project Number 9 430949-3-58-01
B. The Auditor General's Office at the following address:
Auditor General's Office
Room 401, Pepper Building
111 West Madison Street
Tallahassee, Florida 32399-1450
4. Copies of reports or the management letter required by PART III of this agreement shall be submitted by
or on behalf of the recipient directly to:
A. The Department at each of the following addresses:
Florida Department of Transportation
Office of Comptroller, MS 24
605 Suwannee Street
Tallahassee, Florida 32399-0405
Email: FDOTSin leAuditadot.state.fl.us
Any reports, management letter, or other information required to be submitted to the Department pursuant
to this agreement shall be submitted timely in accordance with OMB Circular A-133, Florida Statutes, and
Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of
the Auditor General, as applicable.
Recipients, when submitting financial reporting packages to the Department for audits done in accordance
with OMB Circular A-133 or Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-
profit organizations), Rules of the Auditor General, should indicate the date that the reporting package was
delivered to the recipient in correspondence accompanying the reporting package.
PART V: RECORD RETENTION
The recipient shall retain sufficient records demonstrating its compliance with the terms of this agreement
for a period of at least five years from the date the audit report is issued, and shall allow the Department,
or its designee, the state CFO or Auditor General access to such records upon request. The recipient shall
ensure that the independent audit working papers are made available to the Department, or its designee,
the state CFO, or Auditor General upon request for a period of at least five years from the date the audit
report is issued, unless extended in writing by the Department.
Page 20 of 23
Department Funded Agreement between the Florida Department of Transportation and the City
Financial Project Number # 430949-3-58-01
ATTACHMENT "Al"
PROJECT PLANS
Page 21 of 23
Department Funded Agreement benveen the Florida Department of Transportation and the City
Financial Project Number # 430949-3-58-01
EXHIBIT -
FEDERAL and/or STATE resources awarded to the recipient pursuant to this agreement should be listed below. If the
resources awarded to the recipient represent more than one Federal or State program, provide the same information for each
program and the total resources awarded. Compliance Requirements applicable to each Federal or State program should
also be listed below. If the resources awarded to the recipient represent more than one program, list applicable compliance
requirements for each program in the same manner as shown here:
• (e.g., What services or purposes the resources must be used for)
• (e.g., Eligibility requirements for recipients of the resources)
• (Etc...)
NOTE: Instead of listing the specific compliance requirements as shown above, the State awarding agency may elect to use
language that requires the recipient to comply with the requirements of applicable provisions of specific laws, rules,
regulations, etc. The State awarding agency,. if practical, may want to attach a copy of the specific law, rule, or regulation
referred to.
FEDERAL RESOURCES
Federal Agency Catalog of Federal Domestic Assistance (Number & Title) Amount
Compliance Requirements
2.
STATE RESOURCES
State Agency Catalog of State Financial Assistance Number & Title Amount
Compliance Requirements
2.
Matching Resources for Federal Pro,-, rams
Federal Agency Catalog of Federal Domestic Assistance Number & Title) Amount
Compliance Requirements
NOTE: Section .400(d) of OMB Circular A-133, as revised, and Section 215.97(5)(a), Florida Statutes, require that
the information about Federal Programs and State Projects included in Exhibit 1 be provided to the recipient.
RESOLUTION NO. 2017- 2-113
A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF SUNNY ISLES BEACH, FLORIDA, AUTHORIZING THE
CITY MANAGER TO ENTER INTO A DEPARTMENT FUNDED
AGREEMENT WITH THE FLORIDA DEPARTMENT OF
TRANSPORTATION (FDOT) FOR THE INSTALLATION OF
DECORATIVE STREET LIGHTING, ATTACHED HERETO, IN
SUBSTANTIALLY THE SAME FORM, AS EXHIBIT "A";
AUTHORIZING THE CITY MANAGER TO EXECUTE SAID
AGREEMENT, PROVIDED SAID AGREEMENT IS FIRST
REVIEWED AS TO FORM AND LEGAL SUFFICIENCY BY THE
CITY ATTORNEY; AUTHORIZING THE CITY MANAGER AND
CITY ATTORNEY TO DO ALL THINGS NECESSARY TO
EFFECTUATE THIS RESOLUTION; PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, the City of Sunny Isles Beach (the "City") intends to install decorative
street lightings along Collins Avenue; and
WHEREAS, the Florida Department of Transportation ("FDOT") and the City are
required to enter into a Department Funded Agreement ("DFA") for the installation of decorative
street lightings along Collins Avenue; and
WHEREAS, FDOT has agreed to fund the upgrade of decorative street lighting along
Collins Avenue in substantially the same form as attached as Exhibit "A'; and
WHEREAS, the City Commission wishes to authorize the City Manager to enter into the
DFA for the decorative street lightings.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF SUNNY ISLES BEACH, FLORIDA, AS FOLLOWS:
Section 1. Approving the Authorization to the City Manager. The City Commission hereby
authorizes the City Manager to execute the DFA with FDOT provided that such agreement is in
substantially the same form attached hereto as Exhibit "A" and is reviewed by the City Attorney
for form and legal sufficiency.
Section 2. Authorization of City Manager and Ci Attorney. The City Manager and City
Attorney are hereby authorized to do all things necessary to effectuate this Resolution.
Section 3. Effective Date. This Resolution shall become effective upon adoption.
FDOT Street Lighting DFA Page l oft
PASSED AND ADOPTED this 200' day of July,601
y,_ h l• � 1
_ATT
A
1 ` t
". �Mauricio Betancur,;CMC, Acting City Clerk
s
'APPROVED AS TO FORM
AND IAL SUFFICIENCY:
City Attorney
Vote:
Mayor Scholl
Vice Mayor Goldman
Commissioner Aelior- Aver f
Commissioner Gatto
Commissioner Svechin
v U.TF..;..I lO.Y'e'ry"#•.�
FDOT Street Lighting DFA
George �(. Scholl, Mayor
Moved by: COMA- -SV4CCA nJ
Seconded by: C mM. 6 AiTD
✓ (Yes)
(No)
✓ (Yes)
(No)
(Yes)
(No)
(Yes)
(No)
(Yes)
(No)
Page 2 of 2
To: Mansur.Husain@dot.state.fl.us
FLORIDA DEPARTMENT OF TRANSPORTATION
FUNDS APPROVAL
AS874
1/8/2018
CONTRACT INFORMATION
►Contract:
AS874
lContract Type:
AK - PROJ PARTICIPATION (PROJ PART)
IMethod of Procurement:
G - GOVERMENTAL AGENCY (287.057,F.S.)
(Vendor Name:
SUNNY ISLES, CITY OF
h/endorlD:
F650784647001
(Beginning Date of This Agreement:
01/05/2018
MEnding Date of This Agreement:
12/31/2019
►Contract TotaUBudgetary Ceiling:
ct = $2,505,566.00
!Description:
SR A1A/COLLINS AVE. FROM BAYVIEW DRIVE TO SR 856/192 STREET
FUNDS APPROVAL INFORMATION
FUNDS APPROVED/REVIEWED FOR ROBIN M. NAITOVE, CPA, COMPTROLLER ON 1/8/2018
Aoion:
Original
Reviewed or Approved:
APPROVED
Organization Code:
55064010606
Expansion Option:
A3
Object Code:
563000
Amount
$626,500.00
Financial Project:
43094935801
Work Activity (FCT):
016
CFDA:
Fiscal Year:
2018
Budget Entity:
55150200
Category/Category Year.
088716/18
Amendment ID:
0001
Sequence:
00
User Assigned ID:
Enc Line (6s)/Status:
0001/04
Total Amount: $626,500.00
Pagel of 1
To: Mansur.Husain@dot.state.fl.us
FLORIDA DEPARTMENT OF TRANSPORTATION
FUNDS APPROVAL
AS874
1/5/2018
CONTRACT INFORMATION
Contract:
AS874
Contract Type:
AK - PROJ PARTICIPATION (PROJ PART)
Method of Procurement:
G - GOVERMENTAL AGENCY (287.057,F.S.)
rl/endor Name:
SUNNY ISLES, CITY OF
il/endorID:
F650784647001
6"Inning Date of This Agreement:
01/05/2018
FEnding Date of This Agreement:
12/31/2019
Contract Total/Budgetary Ceiling:
ct = $2,505,566.00
Description:
SR AIA/COLLINS AVE. FROM BAYVIEW DRIVE TO SR 856/192 STREET
FUNDS APPROVAL INFORMATION
FUNDS APPROVED/REVIEWED FOR ROBIN M. NAITOVE, CPA, COMPTROLLER ON 1/5/2018
Action:
Future Year
Future Year
Reviewed or Approved:
*REVIEWED
*REVIEWED
Organization Code:
55064010606
55064010606
Expansion Option:
A3
AD
;Object Code:
563000
563000
Amount:
$1,399,500.00
$479,566.00
Financial Project:
43094935801
43094935801
Work Activity (FCT):
215
215
CFDA:
'Fiscal Year:
2019
2019
Budget Entity:
55150200
55150200
Category/Category Year.
088716/19
088796/19
Amendment ID:
A001
A001
Sequence:
00
01
:User Assigned ID:
Enc Line (6s)/Status:
/04
/04
Total Amount: $1,879,066.00
*Reviewed Funds Approval and encumbrance processing is contingent upon Annual Legislative appropriation.
Pagel of 1
„S''N"7-'StFr City of Sunny Isles Beach
, 44 ` 18070 Collins Avenue
-i .> )� Sunny Isles Beach, Florida 33160
'sp s coo 9,\° ..0. (305)947-0606 City Hall
(''`r 0, ,,j,, "`-� (305)949-3113 Fax
MEMORANDUM
TO: The Honorable Mayor and City Commission
FROM: Christopher J. Russo, City Manager
DATE: 7/20/2017
RE: Florida Department of Transportation Department
Funded Agreement (DFA)for Street Lightings.
RECOMMENDATION:
The City has long planned the upgrade of the outdated and
malfunctioning street lights along Collins Avenue. For this upgrade to
occur along with the Florida Department of Transportation (FDOT)
Resurfacing, Restoring, and Rehabilitation project (RRR)we agreed to
fund the upgraded decorative street lights instead of the FDOT
designed street lights in accordance with its standards which would
have been the existing cobra heads. The decorative streetscape lights
to be installed for which we have tested at the North West side of
Collins Avenue and south east end of Collins Avenue over the years.
Therefore, after discussing with FDOT, we decided to work towards
this DFA agreement which has FDOT reimbursing the City for the base
cost of constructing and installing standard street lights, and those
funds applied to the cost of the decorative street lights construction and
installation. This agreement includes two phases to deal with state
funding and the required coordination with the RRR work. We expect
the reimbursement to the City to be of an approximately amount of over
$2 million dollars.
REASONS:
ATTACHMENTS:
115